[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Notices]
[Pages 14689-14690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4215]


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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, 2005 through December 
31, 2005.

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SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(f) of the Individuals with Disabilities Education Act, as 
amended by the Individuals with Disabilities Education Improvement Act 
of 2004 (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 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 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, 2005 through December 31, 
2005. 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 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 B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Individualized Education Programs
     Letter dated October 25, 2005 to Mississippi State 
Department of Education Bureau Director Melody Bounds, regarding 
challenges faced by Mississippi in providing special education and 
related services to students with disabilities displaced by Hurricane 
Katrina, application of the requirements in Part B of the IDEA relating 
to individualized education programs (IEPs) for transfer students, and 
issues relating to waiver of other applicable requirements in Part B of 
IDEA; and informing Mississippi of a specific extension of the timeline 
for submission of its State performance plan (SPP) granted pursuant to 
the Secretary's transition authority in section 303 of the Individuals 
with Disabilities Education Improvement Act of 2004.

[[Page 14690]]

     Letter dated October 25, 2005 to Louisiana State 
Department of Education Assistant Superintendent Dr. Robin Jarvis, 
regarding challenges faced by Louisiana in providing special education 
and related services to students with disabilities displaced by 
Hurricane Katrina, the flexibility that Louisiana has to establish 
State timelines for evaluating these students, and application of the 
requirements in Part B of IDEA relating to IEPs for transfer students; 
and informing Louisiana of specific extensions of the timelines for 
submission of documentation relating to its Federal Fiscal Year 2003 
Annual Performance Report under Part B of IDEA and its SPP granted 
under the Secretary's transition authority in section 303 of the 
Individuals with Disabilities Education Improvement Act of 2004.
Topic Addressed: Confidentiality of Education Records
     Letter dated October 12, 2005 to Iowa Department of 
Education Program Consultant-Medicaid Dann Stevens from Family Policy 
Compliance Office Director LeRoy S. Rooker, regarding the disclosure of 
education records to the Medicaid agency for reimbursement purposes and 
clarifying that prior written consent is required under the Family 
Educational Rights and Privacy Act (FERPA) and Part B of IDEA in order 
for an educational agency or institution to disclose personally 
identifiable information about students with disabilities to a State 
Medicaid agency.
     Letter dated September 13, 2005 to Carroll Independent 
School District (Grapevine, Texas) Superintendent Gary S. Mathews, from 
Family Policy Compliance Office Director LeRoy S. Rooker, regarding 
provisions in Part B of IDEA that apply to the destruction of records 
and clarifying when test protocols are considered education records.

Part C--Infants and Toddlers With Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Programs
     Letters dated November 4, 2005 to Florida State Department 
of Health Bureau Chief for Early Interventions Janice Kane, Louisiana 
Office of Public Health Children's Special Health Services Program 
Manager Linda Pippins, and Mississippi Department of Health First Steps 
Early Intervention Program Coordinator Danita Munday, regarding 
challenges faced by these States in meeting the early intervention 
needs of infants and toddlers with disabilities and their families in 
the wake of Hurricane Katrina, clarifying the parent consent, interim 
individualized family service plan, residency, natural environments, 
and personnel standards requirements under Part C of IDEA; and 
informing these States of a specific extension of the timeline for 
submission of the SPP granted pursuant to the Secretary's transition 
authority in section 303 of the Individuals with Disabilities Education 
Improvement Act of 2004.

Title III--Miscellaneous Provisions

Section 303--Secretary's Transition Authority

Topic Addressed: Smooth Transition to the Implementation of the 2004 
Amendments To the Idea
     Letter dated October 25, 2005 to Texas Education Agency 
Idea Coordinator Kathy Clayton, regarding requests for waivers of 
certain IDEA requirements and extensions of required timelines for 
submission of the SPP in the wake of Hurricane Katrina.

Other Letters That Do Not Interpret the Idea But May Be of Interest to 
Readers

Topic Addressed: No Child Left Behind Act of 2001
     Letter dated October 21, 2005 to Chief State School 
Officers, regarding the highly qualified teacher (HQT) provisions of 
the No Child Left Behind Act of 2001 (NCLB) and the elements the 
Department will use in determining if a State is implementing the law 
and making a good faith effort to reach the HQT goal.
     Letter dated December 14, 2005 to Chief State School 
Officers, permitting States to develop assessments under NCLB based on 
modified achievement standards that are aligned with grade-level 
content standards for a second year in order to determine adequate 
yearly progress for students with disabilities under Title I of the 
Elementary and Secondary Education Act of 1965, as Amended.
Topic Addressed: Protection of Education Records
     Letter dated October 7, 2005 to Virginia Attorney B. Alan 
McGraw, Esq., from Family Policy Compliance Office Director LeRoy S. 
Rooker, clarifying that FERPA would not permit unauthorized individuals 
to access a student records management system.

Electronic Access to This Document

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Education documents published in the Federal Register, in text or Adobe 
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http://www.ed.gov/news/fedregister/index.html.
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the Washington, DC, area at (202) 512-1530.


    Note: The official version of this document is the document 
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.gpoaccess.gov/nara/index.html.


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

    Dated: March 16, 2006.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
 [FR Doc. E6-4215 Filed 3-22-06; 8:45 am]
BILLING CODE 4000-01-P