[Federal Register: September 18, 2001 (Volume 66, Number 181)]
[Notices]
[Page 48122-48123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se01-29]
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DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services List of
Correspondence
AGENCY: Department of Education.
ACTION: List of correspondence from April 1, 2001 through June 30,
2001.
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SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(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 Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of IDEA or the regulations that implement IDEA.
FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507. If you use a telecommunications device for
the deaf (TDD) you may call (202) 205-5465 or the Federal Information
Relay Service (FIRS) 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 Katie Mincey, Director of the
Alternate Formats Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between April 1, 2001 through June 30, 2001.
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 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
Appropriations
Topic Addressed: Distribution of Funds
Letter dated June 14, 2001 to U.S. Senator Richard J.
Lugar, describing actual and proposed increases in Federal funding
levels for special education programs and initiatives to reduce the
cost of special education.
OSEP memorandum 01-14 dated June 6, 2001, regarding
implementation of the 20 percent rule in 34 CFR 300.233 and clarifying
which funds under Part B of IDEA can be included under the 20 percent
calculation.
OSEP memorandum 01-13 dated June 4, 2001, regarding
implementation of the new funding formula under IDEA and the year of
age cohorts for which a free appropriate public education (FAPE) is
ensured.
Topic Addressed: Use of Funds
Letter dated May 24, 2001 to U.S. Congressman Mac
Thornberry, clarifying that although IDEA funds may not be used to pay
litigation expenses, these funds may be used to increase cooperative
problem solving and to promote the use of alternative dispute
resolution.
Letter dated April 16, 2001 to U.S. Congresswoman Rosa L.
DeLauro, regarding the use of non-Federal funding to supplement Federal
Part B funds for children with disabilities placed by their parents in
private or parochial schools.
Section 612--State Eligibility
Topic Addressed: Free Appropriate Public Education
Letter dated May 18, 2001 (personally identifiable
information redacted), regarding the inability of complaint mechanisms
under the IDEA to assist individuals who are well over the age limit in
Part B to receive special education services.
Topic Addressed: Children in Private Schools
Letter dated May 18, 2001 (personally identifiable
information redacted), regarding placement of children with
disabilities in private schools under Part B and possible funding
sources for private school placement.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated May 24, 2001 (personally identifiable
information redacted), regarding a State's obligation to ensure that
referral and placement of students with disabilities by a local
educational agency complies with Federal and State requirements under
the IDEA.
Letter dated April 16, 2001 to U.S. Congressman Wayne T.
Gilchrest, and letter dated April 30, 2001 (personally identifiable
information redacted), regarding the finality of due process hearings
and whether the State statute concerning limitations to reimbursement
for private school tuition and exceptions for those limitations
complies with the requirements of the IDEA.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements Topic Addressed:
Evaluations And Reevaluations
Letter dated April 16, 2001 (personally identifiable
information redacted), clarifying the obligations of school districts
and the rights of parents regarding reevaluations of children who have
or are suspected of having disabilities.
Topic Addressed: Individualized Education Programs
Letter dated April 16, 2001 to U.S. Congresswoman Jo Ann
Emerson, regarding the obligation of public agencies to provide
eyeglasses to a student and the procedural safeguards available to
parents who disagree with the content of their child's individualized
education program.
[[Page 48123]]
Section 615--Procedural Safeguards
Topic Addressed: Due Process Hearings
Letter dated April 19, 2001 to Virginia Department of
Education Director Judith A. Douglas, regarding whether a State
educational agency is required to convene a due process hearing
initiated by someone other than the parent of a child with a disability
or a public agency.
Topic Addressed: Surrogate Parents
Letter dated April 16, 2001 to Pinal County, Arizona
Deputy County Attorney Linda L. Harant, regarding the appointment of
surrogate parents for children who are wards of a tribal court.
Topic Addressed: Student Discipline
Letter dated April 16, 2001 to Professor Perry A. Zirkel,
regarding the calculation of disciplinary removals of up to 10 school
days to determine whether a change in placement has occurred and the
provision of FAPE during periods of suspension or expulsion from
school.
Section 619--Preschool Grants
Topic Addressed: Use of Funds
Letter dated June 29, 2001 to Connecticut Bureau of Early
Childhood Education and Social Services Chief Paul Flinter, regarding
allowable uses of Preschool Grant State set-aside funds.
Part C--Infants and Toddlers with Disabilities
Section 635--Requirements for a Statewide System
Topic Addressed: Eligibility Criteria
Letter dated May 17, 2001 to South Dakota Office of
Special Education Director Deborah Barnett and South Dakota Interagency
Coordinating Council Member Joanne Wounded Head, regarding the use of
informed clinical opinion in determining eligibility, the provision of
respite care and transportation as part of early intervention services,
and the need for appropriately trained staff.
Letter dated May 3, 2001 to Arkansas Department of Human
Services Director Kurt Knickrehm, clarifying the need to review public
awareness and child find activities to ensure that culturally
appropriate materials are provided to all populations in the State and
that States can establish initial eligibility criteria but cannot set
additional criteria for individual services for a child who has already
been determined to be eligible under Part C.
Letter dated May 2, 2001 to Dr. Garry Gardner, regarding
the flexibility that Part C provides States in defining the
``developmental delay'' category for determining the eligibility of
infants and toddlers with disabilities and the procedures that States
must follow in making changes to this category.
Section 636--Individualized Family Service Plan
Topic Addressed: Early Intervention Services
Letter dated April 16, 2001 to U.S. Senator Robert C.
Byrd, regarding the individualized family service plan (IFSP) process
in determining the intensity and frequency of early intervention
services under Part C, along with the financial responsibility for
these services.
Topic Addressed: Natural Environments
Letter dated June 14, 2001 to U.S. Congressman Ike
Skelton, regarding the history and changes to the natural environments
requirements of Part C of IDEA since the early intervention program was
originally enacted, and clarifying that the need for parent networking
and parent training could be addressed through the provision of
appropriate services in the child's individualized family services plan
(IFSP).
Other Letters Relevant to the Administration of IDEA Programs
Topic Addressed: Assistance Under Other Federal Programs
OSEP memorandum 01-09 dated May 24, 2001, regarding
information about new regulations affecting the determination of
childhood disability under the Social Security Administration's
Supplemental Security Income program.
Letter dated April 16, 2001 to Joseph Kinney, regarding
use of Federal Medicaid funds to pay for required services under Part B
of the IDEA for children with disabilities.
Electronic Access to This Document
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Note: The official version of this document is published in the
Federal Register. Free Internet access to the official edition of
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available on GPO Access at: http://www.access.gpo.gov/nara/
index.html.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: September 13, 2001.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 01-23242 Filed 9-17-01; 8:45 am]
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