[Federal Register: May 21, 2007 (Volume 72, Number 97)]
[Page 28479-28480]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Office of Special Education and Rehabilitative Services; List of 

AGENCY: Department of Education.

ACTION: List of Correspondence from October 1, 2006 through December 
31, 2006.


SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(f) of the Individuals with Disabilities Education Act, as 
amended by the Individuals with Disabilities Education Improvement Act 
of 2004 (IDEA). Under section 607(f) 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 October 1, 2006 through December 31, 
2006. 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 appropriate.

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

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

Topic Addressed: Allotment
    [cir] Letter dated November 20, 2006 to Washington, DC attorney 
Leigh Manasevit, regarding the reallocation of high cost funds that 
were not expended before the last year of availability.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Letter dated December 22, 2006 to National Association of 
Public Health Systems Executive Director Mark Covall, regarding the 
obligation to ensure that a free appropriate public education is 
available to children with disabilities who are placed by a non-
educational public agency in a public or private residential program 
and clarifying that determining the specific school district or local 
educational agency responsible for the cost of that residential 
placement is a matter of State law, policy or practice.
Topic Addressed: Confidentiality of Education Records.
    cir; Letter dated October 13, 2006 to Texas Education Agency 
General Counsel David A. Anderson, regarding confidentiality issues 
raised by IDEA and the Family Educational Rights and Privacy Act 
related to the public dissemination of special education due process 
hearing decisions.
Topic Addressed: Children With Disabilities Enrolled by Their Parents 
in Private Schools.
    [cir] Letter dated December 1, 2006 to U.S. Representative 
Christopher Smith, regarding the applicability of equitable 
participation requirements to children with disabilities ages three 
through five enrolled by their parents in private schools or 

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

Topic Addressed: Evaluations and Reevaluations
    [cir] Letter dated October 19, 2006 to National Association of 
School Psychologists Executive Director Susan Gorin, regarding the role 
of school psychologists in administering assessments and the regulatory 
changes in procedures for evaluating children suspected of having 
learning disabilities
Topic Addressed: Individualized Education Programs
    [cir] Letter dated October 19, 2006 to TASH Executive Director 
Barbara Trader, clarifying that the IDEA, while requiring the 
individualized education program team (IEP Team) to consider the use of 
positive behavioral interventions and supports, does not include a 
prohibition on the use of aversive behavioral interventions and that 
the decision whether to allow IEP Teams to consider the use of such 
interventions is a decision left to each State.
Topic Addressed: Educational Placements
    [cir] Letter dated November 3, 2006 to Iowa Bureau of Children, 
Family, and Community Services Chief Lana Michelson, regarding the 
educational placement of students, including

[[Page 28480]]

students with disabilities, who are required to register as sex 
offenders under State law.

Electronic Access to This Document

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Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 

    To use PDF you must have Adobe Acrobat Reader, which is available 
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Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    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: May 15, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-9750 Filed 5-18-07; 8:45 am]