FR Doc 2010-12946
[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Page 30005-30006]
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 October 1, 2009 through December 
31, 2009.


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: Laurel Nishi 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 October 1, 2009 through December 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 appropriate.

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

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

Topic Addressed: State Administration
    [cir] Letters dated November 13, 2009 to Senator Lamar Alexander, 
Senator Richard M. Burr, Senator Tom Coburn, Senator Michael B. Enzi, 
Senator Judd Gregg, Senator Orrin G. Hatch, and Senator Johnny Isakson, 
regarding the Secretary's authority to adjust the statutory caps on 
State administration for Federal fiscal year 2009 under section 611 of 
the IDEA and Title I of the Elementary and Secondary Education Act of 
1965, as amended, to help defray the costs of implementing the data 
collection requirements associated with the American Recovery and 
Reinvestment Act of 2009 (ARRA).
Topic Addressed: Use of Funds
    [cir] Letter dated October 27, 2009 to National Association of 
Private Special Education Centers Executive Director and CEO Sherry L. 
Kolbe, clarifying when Part B, IDEA funds may be used for professional 
development activities for private school personnel and contractors 
serving children with disabilities placed in private schools by public 

Section 612--State Eligibility

Topic Addressed: Maintenance of State Financial Support
    [cir] Office of Special Education Programs Memorandum 10-5, dated 
December 2, 2009 to Chief State School

[[Page 30006]]

Officers and State Directors of Special Education, regarding the State 
funds that must be included in the calculation of State financial 
support for special education and related services.
Topic Addressed: Children in Private Schools
    [cir] Letter dated December 8, 2009 to New York Attorney Lawrence 
D. Weinberg, regarding whether parents can obtain reimbursement under 
Part B of the IDEA for the cost of a private placement for a child not 
previously found eligible for special education and related services.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Maintenance of Effort
    [cir] Letter dated October 29, 2009 to Learning Disabilities 
Association of Connecticut Board of Directors Secretary Diane 
Willcutts, regarding the use of ARRA Part B, IDEA funds by local 
educational agencies (LEAs) and LEA maintenance of effort requirements.
    [cir] Letter dated November 13, 2009 to Iowa Department of 
Education Chief Lana Michelson and Legal Consultant Thomas A. Mayes, 
reaffirming the Department's position that a State educational agency 
(SEA) must prohibit an LEA from taking advantage of the LEA maintenance 
of effort reduction if the SEA identifies the LEA as having significant 

Section 616--Monitoring, Technical Assistance, and Enforcement

Topic Addressed: State Determinations on the Performance of Each Local 
Educational Agency
    [cir] Letter dated October 21, 2009 to Chief State School Officers 
and State Directors of Special Education urging States to maintain high 
standards and not compromise the determination process under section 
616(d)(2) of the IDEA.
    [cir] Letter dated October 30, 2009 to Montana Office of Public 
Instruction Director of Special Education Tim Harris, clarifying that 
an SEA must prohibit an LEA that receives a determination of ``needs 
assistance,'' ``needs intervention,'' or ``needs substantial 
intervention'' pursuant to section 616(d)(2) of the IDEA from taking 
advantage of the 50 percent LEA maintenance of effort reduction.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Complaint Resolution
    [cir] Letter dated October 27, 2009 to Nevada Aging and Disability 
Services Division Part C Coordinator Wendy Whipple, regarding the 
obligation of the State lead agency to provide compensatory services 
under Part C of the IDEA for children who were denied early 
intervention services, even after they moved out of the State.

Section 639--Procedural Safeguards

Topic Addressed: Evaluations, Parental Consent, and Reevaluations
    [cir] Letter dated November 13, 2009 to California Early Start Part 
C Coordinator Rick Ingraham, regarding when parental consent must be 
obtained for changes in the individualized family service plan.

Other Letters That Do Not Interpret the Idea But May Be of Interest To 

Topic Addressed: Seclusion and Restraint
    [cir] Letter dated December 8, 2009 to Senator Christopher J. Dodd, 
Representative George Miller, and Congresswoman Cathy McMorris Rodgers, 
outlining principles for Congress to consider in developing legislation 
to limit the use of physical restraint and seclusion in schools and 
other educational settings that receive Federal funds.

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)

    Dated: May 24, 2010.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2010-12946 Filed 5-27-10; 8:45 am]