[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Notices]
[Pages 14547-14549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6649]


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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, 1999 through September 30, 
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 between 8:00 am and 
8:00 pm, Eastern time, Monday through Friday, except Federal holidays.
    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 July 1, 1999 and September 30, 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: Child With a Disability
     Letter dated September 14, 1999 to School Psychologist 
Anthony W. Coe, regarding criteria for establishing eligibility of 
children with pervasive developmental delay for services under Part B 
of IDEA, including any applicable State diagnostic criteria, and 
clarifying that the categories or conditions identified in the 
Diagnostic and Statistical Manual (DSM)-IV, are not synonymous with 
criteria for determining whether a child is a ``child with a 
disability'' under Part B of IDEA.
Topic Addressed: Related Services
     Letter dated August 2, 1999 to individual, (personally 
identifiable information redacted), regarding the U.S. Supreme Court's 
1999 decision in Cedar Rapids Community School District v.Garret F., 
which clarifies that required nursing services provided during school 
hours can be an eligible ``school health service,'' the Department's 
views regarding the impact of the decision, and provisions in IDEA that 
are designed to assist States and school districts in financing the 
costs of required school health services.
     Letter dated August 11, 1999 to U.S. Congressman David 
Camp, regarding the impact on school districts of the U.S. Supreme 
Court's 1999 decision in Cedar Rapids Community School District v. 
Garret F., and an explanation of the impact of fully funding IDEA at 40 
percent of the average per pupil expenditures in public elementary and 
secondary schools in the United States.
     Letter dated September 21, 1999 to individual, (personally 
identifiable information redacted), regarding the impact on school 
districts of the U.S. Supreme Court's 1999 decision in Cedar Rapids 
Community School District v. Garrett F. and clarifying that the number 
of disabled students requiring the one-on-one nursing services required 
by the Garrett F. decision is limited.

[[Page 14548]]

Part B: Assistance for Education of All Children with Disabilities

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

Topic Addressed: Distribution of Part B Funds
     Letter dated September 20, 1999 to Walnut Creek School 
District Superintendent Michael De Sa, and letter dated September 20, 
1999 to individual, (personally identifiable information redacted), 
regarding provisions in the IDEA Amendments of 1997 that revise the 
formula for distribution of funds awarded under Part B of IDEA and 
describing increases in Federal funding levels for special education 
programs in the past several years, despite funding reductions in other 
Federal programs.
Topic Addressed: Use of Part B Funds
     Letter dated August 5, 1999 to Louisiana Department of 
Education Director Virginia C. Beridon regarding criteria for 
determining whether use of Part B funds for international travel is an 
allowable cost.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
     Letter dated August 6, 1999 to Attorney Brian J. Bocketti, 
regarding State flexibility under section 504 of the Rehabilitation Act 
of 1973 (section 504) in determining nonresident tuition rates for 
students with disabilities in public school choice programs as long as 
appropriate educational services are made available and funded.
     Letter dated September 14, 1999 to Colorado Department of 
Education Federal Complaints Officer Charles M. Masner, regarding the 
responsibility of the State educational agency or public agency to 
appoint a hearing officer or to resolve a State complaint if a parent 
alleges either that the award of a regular high school diploma to their 
child was appropriate or that the award of a regular high school 
diploma to their child was not appropriate.
     Letter dated September 29, 1999 to individual, (personally 
identifiable information redacted), regarding a State's right to 
establish proficiency standards for high school graduation and 
clarifying that such State standards may not be established or 
implemented in a nondiscriminatory manner in violation of section 504 
and Title II of the Americans With Disabilities Act, and the 
responsibility of the individualized education program (IEP) team under 
Part B of IDEA to determine if eligible students with disabilities 
require modifications to participate in State assessments.
Topic Addressed: Least Restrictive Environment
     Letter dated September 21, 1999 to individual, (personally 
identifiable information redacted), regarding the need to place certain 
disabled students in special schools or residential schools, and 
clarifying that the Part B regulatory requirement for a continuum of 
alternative placements does not compel a State to create an appropriate 
residential placement within a State if an appropriate residential 
placement for the child is otherwise available.
Topic Addressed: State Educational Agency General Supervisory 
Responsibility
     Letter dated August 5, 1999 to individual, (personally 
identifiable information redacted), and letter dated August 5, 1999 to 
Florida Department of Education Bureau of Instructional Support and 
Community Services Chief Shan Goff, regarding a State's obligation to 
resolve a complaint against a school district where a child's parents 
no longer reside, including: (1) Requiring appropriate corrective 
action by that district; and (2) using the State complaint procedures 
as a means of addressing both systemic and child-specific violations of 
Part B of IDEA.
     Letter dated August 19, 1999 to California Department of 
Education Superintendent of Public Instruction Delaine Eastin and Youth 
and Adult Correctional Agency Secretary Robert Presley, informing 
California of its receipt of IDEA sections 611 and 619 Part B funds for 
Federal Fiscal Year 1999 and its status as a high risk grantee, as well 
as the special conditions imposed on its receipt of these grant awards.
Topic Addressed: Information Required for State Program Grants
     Letter dated August 12, 1999 to Native American Protection 
& Advocacy Project, Inc. Attorneys Sarah J. Somers and Therese E. Yanan 
regarding the obligations of all States, including the Bureau of Indian 
Affairs (BIA), to submit final policies and procedures that comply with 
the requirements of the IDEA Amendments of 1997 as a condition for 
receipt of their Federal Fiscal Year 2000 Part B of IDEA grant awards, 
the difficulties experienced by children with disabilities attending 
schools funded by the BIA in obtaining appropriate educational services 
and in resolving disagreements with schools, and the obligations of the 
BIA to implement a due process system that meets the requirements of 
section 615 of IDEA and to ensure the availability of the State 
complaint procedures.

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

Topic Addressed: Individualized Education Programs
     Letter dated August 5, 1999 to Ohio Protection and 
Advocacy Association member Suzanne Faustini regarding the absence of a 
requirement in Part B of IDEA that recommendations of parents or other 
team members not adopted by the IEP team be included in the IEP, 
clarifying that the IEP is developed by consensus rather than by 
majority vote and that the public agency must give parents prior 
written notice explaining why the recommendations were not adopted.
     Letter dated September 14, 1999 to Attorney Gary D. Lander 
regarding whether a school board member may be a member of an IEP team, 
at the request of a parent or a public agency.

Section 615--Procedural Safeguards

Topic Addressed: Mediation
     Letter dated August 26, 1999 to individual, (personally 
identifiable information redacted), regarding the mediation 
confidentiality requirements of the IDEA Amendments of 1997 and the 
Department's regulations that prohibit the use of mediation discussions 
as evidence in a due process hearing or civil proceeding, but 
clarifying congressional intent that this requirement not be used to 
supersede any discovery rights in such proceedings or any parental 
access rights under the Family Educational Rights and Privacy Act of 
1974.
Topic Addressed: Discipline Procedures
     Letter dated July 27, 1999 to U.S. Congressman Rush Holt 
regarding obligations of school districts to take prompt and 
appropriate steps whenever a student with or without a disability 
threatens school safety and explaining the options available to school 
authorities in disciplining a disabled student who threatens school 
safety.
     Letter dated September 20, 1999 to individual, (personally 
identifiable information redacted), regarding options available to 
school authorities in disciplining students with disabilities, 
particularly the use of proactive measures, including appropriate 
behavioral interventions, and information about some of the programs 
that the Department funds regarding the

[[Page 14549]]

use of appropriate behavioral interventions.

Section 619--Preschool Grants

Topic Addressed: Procedures for Allocating Subgrants to Eligible 
Entities
     Letter dated July 9, 1999 to Arizona Superintendent of 
Public Instruction Lisa Graham Keegan regarding the formula for the 
Preschool Grants program and how State educational agencies allocate 
subgrants to local educational agencies, procedures for calculating 
base payments and population and poverty payments, and clarifying that 
there are no provisions in Part B of IDEA authorizing waivers of these 
requirements.

Part D: National Activities To Improve Education of Children With 
Disabilities

Subpart 1--State Program Improvement Grants for Children With 
Disabilities

Section 653--Applications

Topic Addressed: Information About State Program Improvement Grants
     OSEP memorandum 99-14 dated July 30, 1999, to interested 
parties providing guidance related to State program improvement grants.

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(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: March 14, 2000.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 00-6649 Filed 3-16-00; 8:45 am]
BILLING CODE 4000-01-U