[Federal Register Volume 65, Number 36 (Wednesday, February 23, 2000)]
[Notices]
[Pages 9178-9179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4258]



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Part V





Department of Education





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List of Correspondence--Office of Special Education and Rehabilitative 
Services; Notice

  Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / 
Notices  

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DEPARTMENT OF EDUCATION


List of Correspondence--Office of Special Education and 
Rehabilitative Services

AGENCY: Department of Education.

ACTION: List of Correspondence from January 4, 1999 through March 31, 
1999.

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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: JoLeta Reynolds or Rhonda Weiss. 
Telephone: (202) 205-5507. Individuals who use a telecommunications 
device for the deaf (TDD) 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 alternate 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 January 4, 1999 and March 31, 1999.
    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: Other Health Impairment
     Letter dated February 12, 1999 to individuals (personally 
identifiable information redacted), regarding possible eligibility of 
children with multiple chemical sensitivity disorder for services under 
Part B of IDEA under the ``other health impairment'' category and the 
responsibility of the individualized education program team to 
determine what accommodations would be appropriate for eligible 
children.
Topic Addressed: Special Education and Rated Services
     Letter dated March 11, 1999 to Massachusetts Speech-
Language-Hearing Association President Robert Gilmore and School 
Affairs Committee Member Karen L. Grossman, regarding a State's ability 
to consider speech-language pathology services as either special 
education or a related service and to consider any related service as 
special education if doing so would be consistent with applicable State 
education standards and the State's discretionary authority in 
establishing those standards.
     Letter dated March 23, 1999 to Vice President of National 
Board for Professional Teaching Standards Sally Mernissi, regarding the 
importance of physical education in educating students with 
disabilities and comments on draft standards for physical education 
teachers.

Section 607--Requirements for Prescribing Regulations

Topic Addressed: Applicability of Regulations
     Letter dated March 30, 1999 to U.S. Congressman Jerry 
Moran, regarding regulations that were applicable pending the March 12, 
1999 publication of final regulations implementing the IDEA Amendments 
of 1997.

Part B--Assistance for Education of All Children With Disabilities

Section 611--Authorization; Allotment; Use of Funds; Authorization of 
Appropriations

Topic Addressed: Availability of Subgrant Funds to Local Educational 
Agencies
     Letter dated March 30, 1999 to Mr. David Tokofsky, Los 
Angeles Board of Education regarding States' requirement to reserve 
certain excess funds for LEA subgrants under section 611(f)(4)(A) of 
the IDEA Amendments of 1997 and responding to inquiries regarding audit 
process under Single Audit Act of 1984, as amended in 1986.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated January 13, 1999 to U.S. Senator Dianne 
Feinstein, regarding State and local school district responsibility to 
ensure the provision of a free appropriate public education and 
increased opportunities for parent participation in a child's 
evaluation, eligibility, and educational placement, but clarifying that 
IDEA does not automatically require inter-district transfers requested 
by parents.
Topic Addressed: Confidentiality
     Letter dated February 26, 1999 to individual (personally 
identifiable information redacted), from Family Policy Compliance 
Office Director LeRoy S Rooker, regarding the Family Educational Rights 
and Privacy Act (FERPA) and FERPA's applicability to Part B of IDEA and 
to education records of students with disabilities, and clarifying that 
there is no requirement in FERPA that a State establish a procedure for 
the destruction of records or inform parents of the State's intention 
to destroy such records when no longer needed.
Topic Addressed: Payment for Education of Children Enrolled in Private 
Schools Without Consent of or Referral by the Public Agency
     Letter dated March 19, 1999 to Educational Consultant and 
Advocate Susan Luger, regarding the absence of any provision in Part B 
of IDEA that makes a child's prior receipt of special education and 
related services from a public agency a prerequisite to a parent's 
obtaining tuition reimbursement from a hearing officer or court for the 
cost of a unilateral private school placement.
Topic Addressed: State Educational Agency General Supervisory 
Responsibility
     Letter dated March 11, 1999 to individual (personally 
identifiable information redacted), regarding required procedures for 
handling complaints that are also the subject of pending due process 
hearings under Part B of IDEA.
Topic Addressed: Maintenance of Effort
     Letter dated January 7, 1999 to Alaska Department of 
Education Commissioner Shirley J. Holloway, regarding State and local 
maintenance of effort requirements in the IDEA Amendments of 1997 and 
how those requirements are applied in light of criteria in Alaska's 
funding formula.

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

Topic Addressed: Individualized Education Programs
     Letter dated February 24, 1999 to U.S. House of 
Representatives Education and Work Force Committee Chairman William 
Goodling, regarding provisions in the IDEA Amendments of 1997 that 
decrease unnecessary paperwork requirements and clarifying that some of 
the paperwork requirements resulting from the Act's individualized 
education program requirements apply only to specific groups of 
children.

Section 615--Procedural Safeguards

Topic Addressed: Finality of Due Process Hearing Decisions
     Letter dated February 26, 1999 to Chief Counsel David 
Anderson, Texas Education Agency, regarding Texas' responsibility to 
implement Texas law in a manner that ensures the timely implementation 
of due process hearing decisions.
Topic Addressed: Prior Written Notice
     Letter dated March 4, 1999 to individual (personally 
identifiable information redacted), regarding the State and local 
educational agencies' responsibility to locate, identify, and evaluate 
children suspected of having disabilities under Part B of IDEA and to 
provide parents with prior written notice regarding the agency's 
refusal to evaluate the child to determine eligibility for services 
under Part B of IDEA or to change the child's educational program.
Topic Addressed: Student Discipline
     Letter dated February 5, 1999 to Prince William County, 
Virginia School Board Chairman At-Large Lucy S. Beauchamp, regarding 
options available to school authorities in disciplining students with 
disabilities who bring weapons to school.
    Durbin, regarding options available to school authorities in 
disciplining a student with a disability in possession of a weapon at 
school when school authorities and parents cannot reach agreement on an 
appropriate placement for the student.
     Letter dated March 30, 1999 to U.S. Senator Ted Stevens, 
regarding provisions in the IDEA Amendments of 1997 authorizing school 
personnel and hearing officers to place certain disabled students in an 
appropriate interim alternative educational setting for up to 45 days 
and the availability of Part B of IDEA funds to assist school districts 
in financing the costs of such placements.

Part C--Infants and Toddlers With Disabilities

Sections 631-641

Topic Addressed: Availability of Federal Impact Aid
     Memorandum dated February 2, 1999 to Part C Lead Agency 
Directors and State Representatives for Impact Aid, from former 
director of the Office of Special Education Programs Thomas Hehir and 
Impact Aid Program Director Catherine Schagh, regarding the 
availability of Federal Impact Aid for local educational agencies 
serving federally-connected infants and toddlers with disabilities 
(specifically including dependents of uniformed service members and 
those living on Indian lands) who are eligible for services under Part 
C of IDEA and the criteria for obtaining and using such funds.

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 either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use the PDF you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the PDF, call the U.S. Government Printing 
Office (GPO) toll free at 1-800-293-6498; or in the Washington, D.C., 
area at (202) 512-1530.

    Dated: February 17, 2000.

    (Catalog of Federal Domestic Assistance Number 84.027, 
Assistance to States for Education of Children with Disabilities)
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 00-4258 Filed 2-22-00; 8:45 am]
BILLING CODE 4000-01-U