[Federal Register: November 7, 2002 (Volume 67, Number 216)]
[Notices]
[Page 67828-67830]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no02-41]
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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, 2002 through June 30,
2002.
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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.
[[Page 67829]]
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 Format Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION:
The following list identifies correspondence from the Department
issued from April 1, 2002 through June 30, 2002.
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 602--Definitions.
Topic Addressed: Special Education AND Related Services
[sbull] Letter dated April 19, 2002 to individual, (personally
identifiable information redacted), regarding the circumstances under
which transportation must be provided as a related service; and
clarifying that IDEA does not address whether parents are entitled to
reimbursement for transporting their child if transportation is not a
required related service on the individualized education program.
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
[sbull] OSEP memorandum 02-06 dated April 26, 2002, regarding
implementation of the new funding formula under IDEA, specifically the
year of age cohorts for which a free appropriate public education
(FAPE) is ensured.
Topic Addressed: Use of Funds
[sbull] Letter dated May 22, 2002 to Louisiana Department of
Education Division of Appropriation Control Director Kitty Littlejohn
regarding the ability to add program income, generated from
registration fees assessed on participants at conferences conducted by
the State Department of Education, to the IDEA Part B grant award.
Section 612--State Eligibility.
Topic Addressed: Condition of Assistance and Annual Count
[sbull] Letter dated April 2, 2002 to individual, (personally
identifiable information redacted), clarifying that (1) the Florida
Department of Education (FDE) operates a one-tier due process system;
(2) the FDE is revising its eligibility documents which will be
reviewed by the Office of Special Education Programs; (3) the FDE is
developing a State Improvement Plan; and (4) a school district may
include in its annual count children placed by their parents in private
schools through Florida's program of Scholarships to Public or Private
Schools of Choice for Students with Disabilities if these children are
being provided special education or related services under 34 CFR
300.452-300.462.
Topic Addressed: State Educational Agency General Supervisory Authority
[sbull] Letter dated June 27, 2002 to Dina O. Harris, Esq., John F.
Walsh, Esq. and Arizona Assistant Attorney General Kacey Gregson,
regarding the ability of a State educational agency (SEA) to reduce or
withhold funds from a local educational agency (LEA) that is not
meeting its obligation to provide FAPE to all students with
disabilities it is responsible for serving.
Topic Addressed: Personnel Standards
[sbull] Letter dated April 2, 2002 to G. Emerson Dickman, Esquire,
clarifying requirements regarding qualifications of personnel under
both the IDEA and the No Child Left Behind Act (NCLB Act) and a
parent's right to be informed about the qualifications of individuals
providing services to a child.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements
Topic Addressed: Individualized Education Programs
[sbull] Letter dated June 27, 2002 to Illinois State Board of
Education Director of Special Education Dr. Anthony E. Sims, clarifying
that, although the Part B ``at no cost'' requirement does not preclude
incidental fees normally charged to nondisabled students or their
parents as part of the regular education program, it would be
impermissible for a public agency to charge parents a fee for extended
school year services if summer school services, for which incidental
fees are charged, are not a part of the extended school year services
provided to the student.
Section 615--Procedural Safeguards
Topic Addressed: Timelines For Appeals
[sbull] Letter dated June 26, 2002 to Connecticut Department of
Education Bureau Chief George P. Dowaliby clarifying that to require
that issues be raised at a planning and placement team meeting before
they can be addressed at a due process hearing establishes
impermissible notice and exhaustion burdens inconsistent with the IDEA
and its implementing regulations.
[sbull] Letters dated June 25, 2002 to Minnesota Department of
Children Families and Learning Director of Special Education Norena A.
Hale, Mississippi State Department of Education Program Improvement and
Outreach Bureau Director Dr. Melody Bounds, and Missouri Department of
Elementary and Secondary Education Coordinator of Special Education
Services Melodie Friedebach, clarifying that the States must revise or
delete their 30-day time limits because Circuit Court decisions
applicable to these States have specifically rejected a 30-day time for
appealing due process hearing decisions since it conflicts with the
policies and purposes of the IDEA.
[sbull] Letter dated June 4, 2002 to Arkansas Department of
Education Associate Director of Special Education Marcia Harding,
requesting that Arkansas revise its 30-day time limit for filing a
civil action under IDEA to be consistent with a case involving the
Arkansas time limit.
[sbull] Letters dated June 4, 2002 to Minnesota Department of
Children, Families and Learning Director of Special Education Norena A.
Hale, Mississippi State Department of Education Program Improvement and
Outreach Bureau Director Dr. Melody Bounds, Missouri Department of
Elementary and Secondary Education Coordinator of Special Education
Services Melodie Friedebach, and Nebraska Department of Education
Special Populations Administrator Gary M. Sherman, requesting that the
States either explain why case law rejecting a 30-day time limit for
judicial review of IDEA claims is not applicable to civil actions in
their States or revise their 30-day time limits.
[[Page 67830]]
Part C--Infants and Toddlers with Disabilities
Section 636--Individualized Family Service Plan
Topic Addressed: Early Intervention Services
[sbull] Letter dated June 11, 2002 to Kentucky Acting Part C
Coordinator Ms. Trish Howard, clarifying that (1) guidelines
established by a State to assist teams in developing an individualized
family service plan (IFSP) may not be implemented in a manner that
restricts the authority and responsibility of the IFSP team and (2)
that the IFSP team makes the final determination of the frequency and
intensity of early intervention services needed by the child.
Other Letters Relevant to the Administration of IDEA Programs
Topic Addressed: Free Appropriate Public Education
[sbull] Dear Colleague letter dated June 14, 2002 regarding
preliminary guidance for programs which must be implemented by the
2002-2003 school year on public school choice, supplemental education
services, and collective bargaining agreements under the provisions of
the NCLB Act.
[sbull] Letter dated May 10, 2002 to Florida Department of
Education Bureau of Instructional Support and Community Services Chief
Shan Goff, regarding Florida's obligation under Federal civil rights
laws to ensure that its Scholarship Program for Students with
Disabilities is administered in a nondiscriminatory manner.
Topic Addressed: Personnel Standards
[sbull] Letter dated April 30, 2002 to Alabama Superintendent of
Education Edward R. Richardson, clarifying Title I paraprofessional
requirements under the NCLB Act.
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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: October 31, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-28363 Filed 11-6-02; 8:45 am]
BILLING CODE 4000-01-P