FR Doc 2010-27406
[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Page 66743-66744]
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 April 1, 2010 through June 30, 


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 

[[Page 66744]]

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from April 1, 2010 through June 30, 2010. 
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 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    o Letter dated May 14, 2010 to New York State Education Department 
Vocational and Educational Services for Individuals with Disabilities 
Deputy Commissioner Rebecca Cort, regarding whether there is a 
relationship between General Education Development (GED) programs and 
free appropriate public education (FAPE) requirements.
Topic Addressed: Children in Private Schools
    o Letter dated May 5, 2010 to Maryland attorney Jerrold Miller, 
regarding the limitation on a parent's right to reimbursement for the 
cost of his or her child's private school placement when FAPE is at 
Topic Addressed: State Educational Agency General Supervisory Authority
    o Letter dated June 9, 2010 to Maryland attorney Eric Brousaides, 
clarifying that a State determines the form of documentation necessary 
to show that public agencies are in compliance with individualized 
education program (IEP) requirements.
Topic Addressed: Maintenance of State Financial Support
    [cir] Letter dated June 14, 2010 to National Association of State 
Directors of Special Education Executive Director Bill East, 
reiterating that the calculation of State financial support for special 
education and related services for children with disabilities includes 
financial support made available by agencies other than the State 
educational agency.
    [cir] Letter dated June 30, 2010 to Missouri Department of 
Elementary and Secondary Education Division of Special Education 
Assistant Commissioner Heidi Atkins-Lieberman, clarifying that a State 
that decides to discontinue participation in the IDEA section 619 
program may not reduce State financial support for special education 
and related services for children with disabilities.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Maintenance of Effort
    [cir] Letter dated June 28, 2010 to individual (personally 
identifiable information redacted), clarifying local educational agency 
maintenance of fiscal effort requirements.
Topic Addressed: Use of Federal Funds
    [cir] Letter dated June 1, 2010 to Michigan Department of Education 
Office of Special Education and Early Intervention Services official 
John Andrejack, clarifying requirements for expending the proportionate 
amount of Part B, IDEA funds for equitable services, use of funds for 
coordinated early intervening services, and local maintenance of 

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

Topic Addressed: Evaluations, Parental Consent, and Reevaluations
    [cir] Letter dated June 2, 2010 to Head Start/Hilton Foundation 
Training Program SpecialQuest Birth-Five Director Linda Brekken, 
regarding whether the response to intervention requirements in Part B 
of the IDEA are applicable to children ages three through five enrolled 
in Head Start programs.
    [cir] Letter dated June 3, 2010 to Missouri attorney Deborah S. 
Johnson, regarding the definition of consent in the regulations 
implementing Part B of the IDEA.

Electronic Access to This Document

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    Note: The official version of this document is the document
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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: October 25, 2010.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2010-27406 Filed 10-28-10; 8:45 am]