FR Doc 05-12228
[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Page 35659-35660]
From the Federal Register Online via GPO Access []
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Office of Special Education and Rehabilitative Services; List of 

AGENCY: Department of Education.

ACTION: List of Correspondence from January 2, 2005 through March 31, 


SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(d) of the Individuals with Disabilities Education Act, as 
amended (IDEA). Under section 607(d) of the IDEA, the Secretary is 
required, on a quarterly basis, to publish in the Federal Register a 
list of correspondence from the Department of Education received by 
individuals during the previous quarter that describes the 
interpretations of the Department of Education (Department) of the IDEA 
or the regulations that implement the IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds. 
Telephone: (202) 245-7468.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in 
an alternative format (e.g., Braille, large print, audiotape, or 
computer diskette) on request to the contact persons listed under FOR 

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from January 2, 2005 through March 31, 2005.
    Included on the list are those letters that contain interpretations 
of the requirements of the IDEA and its implementing regulations, as 
well as letters and other documents that the Department believes will 
assist the public in understanding the requirements of the law and its 
regulations. The date of and topic addressed by a letter are 
identified, and summary information is also provided, as appropriate. 
To protect the privacy interests of the individual or individuals 
involved, personally identifiable information has been deleted, as 
appropriate. Pursuant to the effective dates set forth in section 302 
of the Individuals with Disabilities Education Improvement Act of 2004 
(the Act), which amended and reauthorized the IDEA, the changes in IDEA 
that were made by the Act, with certain enumerated exceptions, will 
take effect on July 1, 2005. Accordingly, statutory citations in this 
list, as well as those contained in the letters referenced in this 
list, refer to the provisions of the IDEA that were in effect at the 
time the letters were issued.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of 

Topic Addressed: Distribution of Funds
    [cir] Office of Special Education Programs memorandum 05-07 dated 
March 9, 2005, regarding implementation of the funding formula under 
the IDEA, specifically the year of age cohorts for which a free 
appropriate public education (FAPE) is ensured.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Office of Special Education Programs memorandum 05-08 dated 
March 17, 2005, regarding the responsibilities under Part B of IDEA of 
State and local educational agencies and other public agencies in 
providing for the education of children with disabilities placed in or 
referred to private residential programs.
Topic Addressed: Confidentiality of Education Records
    [cir] Letter dated March 3, 2005 to Austin Independent School 
District Superintendent Dr. Pascal D. Forgione, Jr. from Family Policy 
Compliance Office Director LeRoy S. Rooker, regarding provisions of the 
Family Educational Rights and Privacy Act relating to the designation 
of directory information and clarifying when parent consent is required 
for the disclosure to third parties of directory information on 
students with disabilities receiving services under IDEA.
Topic Addressed: Children In Private Schools
    [cir] Letter dated February 17, 2005 to Maine Department of 
Education Office of Special Services Director David Noble Stockford, 
regarding the responsibility of Maine and its public agencies to ensure 
that FAPE is made available to students with disabilities who attend 
private schools because they reside in school districts that do not 
operate public high schools, and clarifying that IDEA gives Maine and 
its public agencies no authority to regulate private schools.

Section 614--Evaluations, Eligibility Determinations, Individualized 
Education Programs, and Educational Placements

Topic Addressed: Individualized Education Programs
    [cir] Letter dated February 28, 2005 to Massachusetts Advocate 
Kristen Serwecki, regarding the role of a parent who is the subject of 
a protective order in the individualized education program (IEP) 
process, including whether a parent representative can attend an IEP 
meeting as a member of the IEP team in this circumstance.

Section 615--Procedural Safeguards

Topic Addressed: Manifestation Determination Review
    [cir] Letter dated March 18, 2005 to individual (personally 
identifiable information redacted), regarding the requirements of Part 
B of IDEA for conducting a manifestation determination review for 
children with disabilities in disciplinary situations.

Other Letters That Do Not Interpret the Idea but May Be of Interest to 

Topic Addressed: Extension of Liquidation Periods for Grantees Under 
State Administered Programs
    [cir] Memorandum dated January 28, 2005 to Chief State School 
Officers, regarding guidance on general standards for evaluating 
requests to the Department for extensions of the 90-day liquidation 
period for obligating Federal funds and a process for handling these 

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet

[[Page 35660]]

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    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at:

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: June 15, 2005.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 05-12228 Filed 6-20-05; 8:45 am]