[Federal Register: February 22, 2002 (Volume 67, Number 36)]
[Notices]
[Page 8445-8447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22fe02-115]
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Part VII
Department of Education
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Office of Special Education and Rehabilitative Services; List of
Correspondence; Notice
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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 July 1, 2001 through September 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) 205-5637 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 from July 1, 2001 through September 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 A--General Provisions
Section 607--Requirements for Prescribing Regulations
Topic Addressed: Applicability of Regulations
OSEP memorandum 01-18 dated September 12, 2001 to State
Directors of Special Education, regarding the availability of
electronic copies of letters of clarification and selected OSEP
memoranda on the OSEP web page at: http://www.ed.gov/offices/OSERS/
OSEP/
Part B--Assistance for Education of all Children With Disabilities
Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations.
Topic Addressed: Allocation of Grants
Letter dated July 6, 2001 to Federated States of
Micronesia Secretary of Health, Education and Social Affairs Dr. Eliuel
K. Pretrick, regarding funding for the Special Education Program for
Pacific Island Entities grant under Part B of IDEA.
Topic Addressed: Distribution of Funds Provided to the Secretary of the
Interior
Letter dated July 23, 2001 to Arizona Special Education
Coordinator David Dickman, regarding the use of funds and formula
allocations to provide special education and related services to Indian
children with disabilities on reservations.
Topic Addressed: Use of Funds
Letter dated September 19, 2001 to Alabama State
Superintendent of Education Dr. Ed Richardson, regarding the use of
Part B funds to pay for litigation costs incurred as a result of
compliance with specific provisions of the Part B of IDEA award.
Topic Addressed: Use of Funds and Allocation of Grants
Letter dated July 24, 2001 to U.S. Representative Patsy
Mink, regarding the purpose and use of IDEA funding, including funding
of the IDEA at 40 percent of the average per pupil expenditures in
public elementary and secondary schools in the United States, the
allocation and distribution of IDEA grants to States, and payments for
children with disabilities under the Impact Aid program.
Section 612--State Eligibility.
Topic Addressed: Condition of Assistance
Letter dated July 2, 2001 to individual, (personally
identifiable information redacted), regarding (1) the Office of Special
Education's obligation to ensure compliance with the IDEA and its
implementing regulations, including its monitoring of Florida's
implementation and (2) the discretion a State has in choosing whether
the State educational agency or the public agency directly responsible
for the education of the child conducts due process hearings.
Topic Addressed: Free Appropriate Public Education
Letter dated July 5, 2001 to Seattle Children's Home
President R. David Cousineau and Manager David L. Halbett, regarding
the child find, educational, and financial responsibilities under the
IDEA for children with disabilities placed in psychiatric residential
treatment programs.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated September 21, 2001 to New York State SAFE
(Schools Are For Everyone) President Holly B. Nann, regarding the
requirements for filing a complaint with a State educational agency and
the obligations the State has in responding to a filed complaint.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements.
Topic Addressed: Evaluations and Reevaluations
Letter dated September 24, 2001 to Virginia Department of
Education Assistant Superintendent H. Douglas Cox, regarding the Part B
of IDEA requirement that parental consent must be obtained before the
initial evaluation, the reevaluation, and the provision of special
education and related services and the fact that Part B of the IDEA
does not permit public agencies to override a parent's refusal of
consent for initial services.
Topic Addressed: Individualized Education Programs
Letter dated July 2, 2001 to Marilyn Shepherd, Ed.D.,
clarifying issues regarding the presence of media at individualized
education program (IEP) meetings, including that, although parents or
the agency have the discretion to invite individuals who have knowledge
or special expertise regarding the child to participate at IEP
meetings, members of the news media are not there as IEP team members
who have knowledge or special expertise regarding the child and his or
her specific IEP development in accordance with Part B, and their
presence as observers during discussions of sensitive issues could be
potentially injurious to the interest of the child.
Letter dated July 23, 2001 to U.S. Senator Hillary Rodham
Clinton, clarifying that although Federal rules do not disallow the
presence of an attorney at an IEP meeting, participation by an attorney
could create a potentially
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adversarial atmosphere and should be strongly discouraged.
Section 615--Procedural Safeguards
Topic Addressed: Independent Educational Evaluations
Letter dated September 10, 2001 to Wisconsin Director of
Special Education Dr. Stephanie J. Petska, regarding the qualifications
that school districts may require of individuals who conduct
independent educational evaluations.
Part C--Infants and Toddlers With Disabilities
Section 636--Individualized Family Service Plan
Topic Addressed: Natural Environments
Letter dated August 6, 2001 to U.S. Senator Richard
Shelby, regarding the history of implementation of the natural
environments requirements of Part C of the IDEA since the early
intervention program was originally enacted, and clarifying that, based
on the child's individualized family services plan (IFSP), appropriate
services can be provided in center-based programs.
Electronic Access to This Document
You may 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:
http://www.ed.gov/legislation/FedRegister/.
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 1-800-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is 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: http://www.access.gpo.gov/nara/
index.html.
Dated: February 14, 2002.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Loretta L. Petty,
Acting Assistant Secretary for Special Education and, Rehabilitative
Services.
[FR Doc. 02-4285 Filed 2-21-02; 8:45 am]
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