[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77063-77064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31435]



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DEPARTMENT OF EDUCATION


List of Correspondence From April 1, 2012, Through June 30, 2012

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

ACTION: Notice.

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SUMMARY: The Secretary is publishing the following list of 
correspondence from the U.S. Department of Education (Department) to 
individuals during the previous quarter. The correspondence describes 
the Department's interpretations of the Individuals with Disabilities 
Education Act (IDEA) or the regulations that implement the IDEA. This 
list and the letters or other documents described in this list, with 
personally identifiable information redacted, as appropriate, can be 
found at: 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) or a text 
telephone (TTY), 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 documents described in this list in an accessible 
format (e.g., braille, large print, audiotape, or compact disc) by 
contacting Jessica Spataro or Mary Louise Dirrigl at (202) 245-7468.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from April 1, 2012, through June 30, 2012. 
Under section 607(f) of the IDEA, the Secretary is required to publish 
this list quarterly in the Federal Register. The list includes those 
letters that contain interpretations of the requirements of the IDEA 
and its implementing regulations, and it may also include letters and 
other documents that the Department believes will assist the public in 
understanding the requirements of the law. The list identifies the date 
and topic of each letter, and it provides summary information, 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 602--Definitions

Topic Addressed: Special Education and Related Services
    [cir] Letter dated May 9, 2012, to Special Education Advocate Ellen 
M. Chambers, regarding whether instruction or services provided in a 
school district's regular education program can be considered 
``specially-designed instruction'' or ``related services.''

Section 612--State Eligibility

Topic Addressed: Least Restrictive Environment
    [cir] Letter dated June 22, 2012, to Disability Rights Wisconsin 
Managing Attorney Jeffrey Spitzer-Resnick, regarding how the least 
restrictive environment requirements apply to work placements that are 
part of a student's transition plan.
Topic Addressed: Children In Private Schools
    [cir] Letter dated June 13, 2012, to East End Special Education 
Parents, Inc., President Kathleen Chamberlain, regarding children with 
disabilities enrolled by their parents in private schools when free 
appropriate public education (FAPE) is at issue and clarification of 
child find requirements for parentally placed private school children.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Maintenance of Effort
    [cir] Letter dated April 4, 2012, to Center for Law and Education 
co-director Kathleen Boundy, regarding the local educational agency 
(LEA) maintenance of

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

Topic Addressed: Revocation Of Consent
    [cir] Letter dated June 6, 2012, to West Virginia attorney James 
Gerl, regarding whether an LEA may offer mediation when parents revoke 
consent to the continued provision of special education and related 
services to their child.
Topic Addressed: Evaluations, Parental Consent, and Reevaluations
    [cir] Letter dated April 9, 2012, to individual (personally 
identifiable information redacted), regarding various requirements of 
Part B of the IDEA, including functional behavioral assessments, out-
of-State transfer students, State complaint procedures, and education 
records.
    [cir] Letter dated April 11, 2012, to Cumberland County Schools 
Exceptional Children's Programs Executive Director Ruben A. Reyes, 
regarding timeframes for initial evaluations.
Topic Addressed: Individualized Education Programs for Transfer 
Students
    [cir] Letter dated April 10, 2012, to Little Cypress-Mauriceville 
Special Programs Director Robert H. Finch, regarding comparable 
services for transfer students.

Section 615--Procedural Safeguards

Topic Addressed: Prior Written Notice
    [cir] Letter dated April 26, 2012, to Family Soup Executive 
Director Cindy E. Chandler, regarding when an LEA must provide prior 
written notice to parents.
Topic Addressed: Resolution Process
    [cir] Letter dated April 23, 2012, to Maryland attorney Michael J. 
Eig, regarding parent participation in resolution meetings.
Topic Addressed: Discipline Procedures
    [cir] Letter dated June 21, 2012, to New York attorney Edward 
Sarzynski, regarding how discipline procedures apply to bus suspensions 
(when school districts temporarily prohibit a student from riding the 
bus).
    [cir] Letter dated June 22, 2012, to Virginia Department of 
Education Assistant Superintendent H. Douglas Cox, regarding timelines 
for expedited due process hearings when school is not in session.

Section 616--Monitoring, Technical Assistance, and Enforcement

Topic Addressed: Federal and State Monitoring
    [cir] Letter dated June 26, 2012, to U.S. Congresswoman Lynn C. 
Woolsey, regarding the Office of Special Education Programs' monitoring 
of States' compliance with requirements of the IDEA.
    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: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department

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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: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: December 26, 2012.
Michael Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2012-31435 Filed 12-28-12; 8:45 am]
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