[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Page 9338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3635]


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DEPARTMENT OF EDUCATION


List of Correspondence

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: List of Correspondence from July 1, 2010 through September 30, 
2010.

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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 the 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 the IDEA or the regulations that 
implement the IDEA.

FOR FURTHER INFORMATION CONTACT: Laura Duos or Mary Louise Dirrigl. 
Telephone: (202) 245-7468.
    If you use a telecommunications device for the deaf (TDD), you can 
call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of this notice in 
an accessible 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 July 1, 2010 through September 30, 
2010. Included on the list are those letters that contain 
interpretations of the requirements of the 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 
redacted, as appropriate.

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

SECTION 612--State Eligibility

Topic Addressed: Least Restrictive Environment
    [cir] Letter dated August 23, 2010 to Conference of Educational 
Administrators of Schools and Programs for the Deaf, Inc. President 
Edward H. Bosso, Jr., regarding factors to be considered in determining 
placement for students who are deaf.

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

Topic Addressed: Revocation of Consent
    [cir] Letter dated August 31, 2010 to Kansas State Department of 
Education Attorney Mark Ward, reiterating that a local educational 
agency (LEA) must accept either parent's revocation of consent for the 
child's continued receipt of special education and related services, 
provided that the parent has legal authority to make educational 
decisions on behalf of the child.
Topic Addressed: Individualized Education Programs (IEPs)
    [cir] Letter dated August 5, 2010 to Little Cypress-Mauriceville 
Director of Special Programs Dr. Robert H. Finch, regarding 
individualized education program (IEP) goals for transfer students with 
disabilities during the time period when the new public agency is 
required to provide services comparable to those described in the 
child's IEP from the previous public agency.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
    [cir] Letter dated August 13, 2010 to individuals (personally 
identifiable information redacted), regarding public agency criteria 
for independent educational evaluations, particularly the 
qualifications of examiners conducting psychological evaluations.
Topic Addressed: Prior Written Notice
    [cir] Letter dated August 5, 2010 to Missouri Division of Special 
Education Assistant Commissioner Heidi Atkins-Lieberman, regarding 
whether a public agency is required to include a child's specific 
category of eligibility in a prior written notice provided under Part B 
of the IDEA.
Topic Addressed: Mediation And Resolution Agreements
    [cir] Letter dated July 13, 2010 to Texas Education Agency General 
Counsel David Anderson, regarding the effect of a settlement agreement 
resulting from a mediation or resolution meeting on claims raised in 
subsequent State complaints.

Section 616--Monitoring, Technical Assistance, and Enforcement and 
Section 642--Federal Administration

Topic Addressed: State Performance Plans
    [cir] Letter dated September 16, 2010 to Florida Infants and Young 
Children Executive Director Pat Grosz, regarding requirements for 
States to establish targets of 100 percent for all compliance 
indicators in State Performance Plans and Annual Performance Reports 
under Part C of the IDEA.

Electronic Access to This Document

    You can 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.

    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: February 11, 2011.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2011-3635 Filed 2-16-11; 8:45 am]
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