FR Doc E8-5462[Federal Register: March 18, 2008 (Volume 73, Number 53)]
[Notices]
[Page 14460-14462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr08-66]
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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 October 1, 2007 through December
31, 2007.
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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 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 IDEA or the regulations that
implement IDEA.
FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 245-7468.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an
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alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact persons listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from October 1, 2007 through December 31,
2007. 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 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
deleted, as appropriate.
Part A--General Provisions
Section 602--Definitions
Topic Addressed: Child With a Disability
Letter dated November 28, 2007 to individual (personally
identifiable information redacted), regarding criteria for making
eligibility determinations under Part B of IDEA.
Part B--Assistance for Education of All Children With Disabilities
Section 612--State Eligibility
Topic Addressed: Child Find
Letter dated December 21, 2007 to Texas Education Agency
General Counsel David Anderson, Esq., clarifying that a State has no
child find obligations under Part B of IDEA to children housed in a
U.S. Immigration and Customs Enforcement residential facility.
Topic Addressed: Least Restrictive Environment
Letter dated November 30, 2007 to Chapman Management Group
member Tom Trigg, clarifying the placement requirements in Part B of
IDEA.
Topic Addressed: Methods of Ensuring Services
Letter dated December 20, 2007 to Indiana Department of
Education Medicaid Liaison John Hill, clarifying whether school-based
Medicaid billing is optional or required under IDEA.
Topic Addressed: Personnel Qualifications
Letter dated November 7, 2007 to Mountain Plains Regional
Resource Center Director Dr. John Copenhaver, clarifying the
relationship between the requirements regarding highly qualified
teachers and the provision of extended school year services.
Topic Addressed: Prohibition on Mandatory Medication
Letter dated October 22, 2007 to U.S. Senator James M.
Inhofe regarding the application and implementation of the statutory
prohibition on mandatory medication.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements
Topic Addressed: Evaluations, Parental Consent, and Reevaluations
Letter dated October 19, 2007 to Mountain Plains Regional
Resource Center Director Dr. John Copenhaver, clarifying the
application of the requirements for parent consent for initial
evaluations when a response to intervention process is used for
evaluating children with disabilities.
Letter dated October 19, 2007 to Bowling Green State
University Special Needs Assistant Brigitte Green-Churchwell,
explaining that an evaluation under Part B of IDEA is not required
before terminating a child's eligibility due to graduation from
secondary school with a regular diploma or due to exceeding the age of
eligibility for a free appropriate public education under State law.
Section 615--Procedural Safeguards
Topic Addressed: Independent Educational Evaluations
Letter dated December 21, 2007 to California Attorney
Nancy J. LoDolce, clarifying whether age and grade level scores, along
with recommendations pertaining to specific methodologies and/or use of
materials, can be included in evaluations conducted by independent
educational evaluators.
Topic Addressed: Procedural Safeguards Notice
Letter dated November 30, 2007 to Texas Education Agency
Special Programs Director Kathy Clayton, regarding a State's obligation
to communicate to parents the information contained in the procedural
safeguards notice under Part B of IDEA.
Letter dated November 14, 2007, to Virginia Assistant
Superintendent for Special Education and Student Services H. Douglas
Cox, regarding a revision to the procedural safeguards notice model
form developed by the Office of Special Education Programs.
Topic Addressed: Impartial Due Process Hearing
Letter dated October 25, 2007 to Advocacy Center for
Persons with Disabilities Education Team Manager Robert Jacobs,
clarifying whether a State educational agency (SEA) may contract with
another agency to hold due process hearings for the SEA and the
applicable appeals process.
Letter dated December 12, 2007 to Connecticut Attorney
David Shaw, regarding State rules for hearing officer review of
negotiated settlement agreements reached outside of mediation or the
resolution process and enforcement of these settlement agreements.
Part C--Infants and Toddlers With Disabilities
Section 635--Requirements for a Statewide System
Topic Addressed: Complaint Resolution
Letter dated November 28, 2007 to Connecticut Attorney
Lawrence W. Berliner, regarding Part C complaint resolution procedures
and clarifying that the current Part C regulations do not give an early
intervention services provider an opportunity to respond to a
complaint.
Other Letters That Do Not Interpret Idea but May Be of Interest to
Readers
Topic Addressed: Accelerated Programs
Dear Colleague Letter dated December 26, 2007 from the
Department's Office for Civil Rights Assistant Secretary Stephanie
Monroe, regarding issues in the enrollment of students with
disabilities in accelerated programs such as Advanced Placement and
International Baccalaureate classes or 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/news/fedregister/index.html.
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
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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.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: March 12, 2008.
Tracy R. Justesen,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E8-5462 Filed 3-17-08; 8:45 am]
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