FR Doc E5-6578
[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Page 71269-71270]
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 July 1, 2005 through September 30, 


SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(d) of the Individuals with Disabilities Education Act, as 
amended by the Individuals with Disabilities Education Improvement Act 
of 2004 (IDEA). Under section 607(d) of IDEA, the Secretary is 
required, on a quarterly basis, to publish in the Federal Register a 
list of correspondence from the U.S. Department of Education 
(Department) received by individuals during the previous quarter that 
describes the interpretations of the Department of IDEA or the 
regulations that implement 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 July 1, 2005 through September 30, 
    Included on the list are those letters that contain interpretations 
of the requirements of 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 

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

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

Topic Addressed: State Administration
    [cir] Dear Colleague letter dated July 25, 2005, advising States 
that the Department is invoking its transition authority under section 
303 of IDEA, which terminates on December 3, 2005, to give States more 
time to ensure that their interagency agreements are current before the 
new restriction added to section 611(e)(1) of IDEA on use of Part B 
funds for State administration takes effect.

[[Page 71270]]

Section 612--State Eligibility

Topic Addressed: Evaluation
    [cir] Letter dated September 21, 2005 to Texas Commissioner of 
Education Shirley Neeley, regarding steps that the Department has taken 
to address educational challenges for displaced students resulting from 
Hurricane Katrina and advising the Texas Education Agency on how to 
ensure timely completion of evaluations of children suspected of having 
a disability in districts enrolling a significant number of displaced 
    [cir] Letter dated August 9, 2005 to Virgin Islands Educational 
Consultant Eleanor Hirsh, providing an explanation regarding new 
requirements relating to (1) pre-referral activities and timeliness of 
referrals for initial evaluation to determine eligibility for special 
education and related services; (2) use of evaluations conducted under 
Part C of IDEA to determine eligibility under Part B of IDEA; and (3) 
placement options for preschool-aged children with disabilities.
Topic Addressed: Maintenance of State Financial Support
    [cir] Letter dated September 21, 2005 to Louisiana Superintendent 
of Education Cecil J. Picard, regarding the steps the Department is 
taking to assist the State and school districts in educating displaced 
students as a result of Hurricane Katrina and informing the State the 
Department will waive the State-level maintenance of effort requirement 
as permitted under section 612(a)(18)(C) of IDEA.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
    [cir] Letter dated September 13, 2005 to Hawaii Department of 
Education Special Education Director Dr. Paul Ban, regarding the 
requirements of Part B of IDEA that are applicable to public charter 
schools under Hawaii's unitary school system.

Section 615--Procedural Safeguards

Topic Addressed: Student Discipline
    [cir] Letter dated July 28, 2005 to Charlotte-Mecklenburg, North 
Carolina Commissioner Bill James, regarding requirements applicable to 
disciplining students with disabilities.

Electronic Access to This Document

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Education documents published in the Federal Register, in text or Adobe 
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    Note: The official version of this document is the document 
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Regulations is available on GPO Access at:

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

John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E5-6578 Filed 11-25-05; 8:45 am]