FR Doc E9-21434[Federal Register: September 4, 2009 (Volume 74, Number 171)]
[Page 45844-45845]
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 1, 2009 through March 31, 


SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(f) of the Individuals with Disabilities Education Act 
(IDEA). Under section 607(f) of the 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 the IDEA or the regulations that 
implement the IDEA.

FOR FURTHER INFORMATION CONTACT: Laura Duos or Mary Louise Dirrigl. 
Telephone: (202) 245-7468.
    If you use a telecommunications device for the deaf (TDD), you can 
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of this notice in 
an accessible 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 1, 2009 through March 31, 2009. 
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 each 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 redacted, as 

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

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

Topic Addressed: State-Level Activities
    [cir] Letter dated January 15, 2009 to Ohio Department of Education 
Chief Counsel Matthew J. DeTemple,

[[Page 45845]]

regarding whether funds reserved for State-level activities under Part 
B of the IDEA can be used in conjunction with other State and Federal 
funds to provide technical assistance to schools and local educational 
agencies (LEAs) identified for correction or improvement under the 
Elementary and Secondary Education Act of 1965, as amended by the No 
Child Left Behind Act of 2001.
Topic Addressed: Subgrants to Local Educational Agencies
    [cir] Letter dated February 13, 2009 to District of Columbia 
Attorney Leigh M. Manasevit, regarding how population and poverty 
payments are calculated for a State School for the Blind and a State 
Department of Juvenile Services that have established their eligibility 
under Part B of the IDEA.
    [cir] Letter dated February 4, 2009 to Minnesota Department of 
Education Supervisor of the Division of Program Finance Carol Hokenson, 
clarifying how the requirements for State educational agencies to 
allocate funds under Part B of the IDEA to eligible LEAs apply to 
cooperatives and member districts in Minnesota.

Section 612--State Eligibility

Topic Addressed: Children in Private Schools
    [cir] Letter dated March 26, 2009 to Missouri Attorney Teri B. 
Goldman, clarifying the requirements in Part B of the IDEA that apply 
when a parent re-enrolls their parentally-placed private school or 
home-schooled child with a disability in a public school.
    [cir] Letter dated January 28, 2009 to Maryland Attorney Michael J. 
Eig, clarifying that the LEA of the parent's residence, not the LEA 
where the private school the child attends is located, is responsible 
for conducting an evaluation for purposes of making a free appropriate 
public education available to a child who did not previously receive 
special education services from the LEA of residence and is parentally-
placed in a private school located in another LEA.
Topic Addressed: Least Restrictive Environment
    [cir] Letter dated March 30, 2009 to individual (personally 
identifiable information redacted), concerning the requirements for a 
continuum of alternative placements and clarifying that the least 
restrictive environment requirements in Part B of the IDEA are 
applicable to children with disabilities who attend public charter 

Section 615--Procedural Safeguards

Topic Addressed: Impartial Due Process Hearings
    [cir] Letter dated January 15, 2009 to Massachusetts Commissioner 
of Education Mitchell D. Chester, concerning the requirements in Part B 
of the IDEA for impartial due process hearing officers and mediators.

Part C--Infants and Toddlers With Disabilities

Section 641--State Interagency Coordinating Council

Topic Addressed: Composition
    [cir] Letter dated January 28, 2009 to Rhode Island State 
Interagency Coordinating Council (SICC) Chairperson Dawn Wardyga, 
concerning parent membership on the SICC.

Electronic Access to This Document

    You can 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 at the following site:
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
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)

    Delegation of Authority: The Secretary of Education has delegated 
authority to Andrew J. Pepin, Executive Administrator for Special 
Education and Rehabilitative Services to perform the functions of the 
Assistant Secretary for Special Education and Rehabilitative Services.

    Dated: August 31, 2009.
Andrew J. Pepin,
Executive Administrator for Special Education and Rehabilitative 
[FR Doc. E9-21434 Filed 9-3-09; 8:45 am]