[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Pages 65703-65704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27453]



List of Correspondence

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

ACTION: List of Correspondence from January 1, 2011 through March 31, 


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. This list and the letters or other Departmental 
documents described in this list, with personally identifiable 
information redacted, as appropriate, can be found at: http://www2.ed.gov/policy/speced/guid/idea/index.html.

FOR FURTHER INFORMATION CONTACT: Jessica Spataro 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 list and 
the letters or other Departmental documents described in this list in 
an accessible format (e.g., braille, large print, audiotape, or 
computer diskette) by contacting Jessica Spataro or Mary Louise Dirrigl 
at (202) 245-7468.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from January 1, 2011 through March 31, 2011. 
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 

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

Section 612--State Eligibility

Topic Addressed: Least Restrictive Environment

    [cir] Letter dated January 5, 2011, to Texas West Independent 
School District Assistant Superintendant Jan Hungate, regarding the 
least restrictive environment requirements in Part B of the IDEA that 
apply to children with disabilities who reside in a residential 
facility located in the district.
    [cir] Letter dated March 7, 2011, to Statewide Parent
    Advocacy Network of New Jersey Executive Co-Director Diana Autin, 
regarding whether certain placements for children with autism may be 
permissible under Part B of the IDEA.

Topic Addressed: Children in Private Schools

    [cir] Letter dated January 5, 2011, to New York State Education 
Department Associate Commissioner Rebecca Cort, regarding whether, 
absent a ruling by a court or hearing officer, a local educational 
agency (LEA) can reach an agreement to provide tuition reimbursement to 
a parent who unilaterally places his or her child with a disability at 
a private school that the State has not approved to provide special 

Topic Addressed: General Supervisory Authority

    [cir] Letter dated March 2, 2011, to District of Columbia Acting 
State Superintendent of Education Hosanna Mahaley, reiterating the 
Office of Special Education Programs' (OSEP's) previous guidance that 
the IDEA makes no provision for funding special education and related 
services for individuals with disabilities incarcerated in Federal 

Section 613--Local Educational Agency Eligibility

Topic Addressed: Use of Federal Funds

    [cir] Letter dated January 6, 2011, to Washington Office of 
Superintendent of Public Instruction Special Education Section Director 
Douglas Gill, regarding whether there are any restrictions on 
maintenance of effort reductions that may have been available to LEAs 
as a result of the increase in Part B of the IDEA funding under the 
American Recovery and Reinvestment Act of 2009.

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

Topic Addressed: Evaluations, Parental Consent and Reevaluations

    [cir] Letter dated January 6, 2011, to Lehigh University Professor 
of Education and Law Perry A. Zirkel, clarifying how LEAs that use a 
response- to- intervention (RTI) process can determine whether a child 
enrolled in a private school by his or her parents has a specific 
learning disability.

[[Page 65704]]

    [cir] Letter dated February 10, 2011, to non-attorney advocate 
Amber Mintz, regarding the review of existing evaluation data on the 

Topic Addressed: Individualized Education Program

    [cir] Letter dated January 24, 2011, to individual (personally 
identifiable information redacted), regarding the participation of an 
individual who can interpret the instructional implications of 
evaluation results on the individualized education program (IEP) Team.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations

    [cir] Letter dated January 19, 2011, to individual (personally 
identifiable information redacted), regarding whether States and school 
districts may establish criteria governing how and when parents must 
provide the results of a private evaluation if the public agency wishes 
to schedule an IEP Team meeting to discuss that evaluation.

Part C--Infants and Toddlers With Disabilities

Section 637--State Application and Assurances

Topic Addressed: Early Childhood Transition

    Letter dated February 9, 2011, to Infant and Toddler Coordinators 
Association President Brad Hutton and National Association of State 
Directors of Special Education Director Bill East, clarifying certain 
requirements in Parts B and C of the IDEA that were explained in OSEP's 
Early Childhood Transition Frequently Asked Questions (FAQ) document, 
which is available on the Technical Assistance Network's Web site at 
    Electronic Access to This Document: 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 via the Federal Digital System 
at: http://www.gpo.gov/fdsys. At this site you can view this document, 
as well as all other documents of this Department published in the 
Federal Register, in text or Adobe Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: http://www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

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

    Dated: October 18, 2011.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2011-27453 Filed 10-21-11; 8:45 am]