[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Pages 56072-56073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22322]



List of Correspondence From July 1, 2013, Through September 30, 

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

ACTION: Notice.


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: http://www2.ed.gov/policy/speced/guid/idea/index.html.

FOR FURTHER INFORMATION CONTACT: Jessica Spataro or Mary Louise 
Dirrigl. Telephone: (202) 245-7605.
    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) 245-7605.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from July 1, 2013, through September 30, 
2013. 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, as well as 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 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Dear Colleague Letter dated July 19, 2013, addressing 
concerns expressed by stakeholders about the unique educational needs 
of highly mobile children with disabilities under Part B of the IDEA.
    [cir] Dear Colleague Letter dated August 20, 2013, providing an 
overview of a school district's responsibilities under Part B of the 
IDEA to address bullying of students with disabilities.
Topic Addressed: Least Restrictive Environment
    [cir] Letter dated July 31, 2013, to University of Wisconsin's 
Center on Disability Health and Adapted Physical Activity Professor 
Garth Tymeson, regarding physical education for preschool children with 
Topic Addressed: Methods of Ensuring Services
    [cir] Letter dated September 5, 2013, to PAVE Parent Training and 
Information Program Director Vicky McKinney, regarding requirements 
governing the use of public benefits or insurance to pay for services 
under Part B of the IDEA.

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

Topic Addressed: Evaluations, Parental Consent, and Reevaluations
    [cir] Letter dated September 10, 2013, to Lehigh University 
Professor of Education and Law Perry A. Zirkel, regarding whether a 
particular general education intervention could be considered a process 
based on a child's response to scientific, research-based intervention.
Topic Addressed: Individualized Education Programs (IEPs)
    [cir] Letter dated September 3, 2013, to Colorado attorney W. Kelly 
Dude, regarding whether secondary transition services identified in the 
IEPs of high school students with disabilities could include the 
opportunity to take courses at postsecondary institutions prior to high 
school graduation.
    [cir] Letter dated September 24, 2013, to Maine Department of 
Education Special Services Director Jan Breton, regarding the State's 
assessment of a school district's policy regarding written

[[Page 56073]]

submissions by parents prior to IEP Team meetings.
Topic Addressed: Educational Placements
    [cir] Letter dated August 5, 2013, to National Center for Homeless 
Education Director Diana Bowman, regarding the requirements in Part B 
of the IDEA that apply to the school of origin and transportation for 
homeless children with disabilities.

Section 615--Procedural Safeguards

Topic Addressed: Due Process Complaints
    [cir] Letter dated August 1, 2013, to New Jersey attorney Michael 
Inzelbuch, regarding due process complaint procedures and criteria for 
independent educational evaluations at public expense.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Implementation of a Statewide System
    [cir] Letter dated September 24, 2013, to Marilyn Arons, President 
of the Melody Arons Center of Applied Preschool Research and Education, 
Inc., clarifying the central directory and State complaint requirements 
in Part C of the IDEA.

Section 640--Payor of Last Resort

Topic Addressed: Use of Family's Public and Private Insurance for Early 
Intervention Services
    [cir] Letter dated July 19, 2013, to IDEA Infant and Toddler 
Coordinators Association Executive Director Maureen Greer, responding 
to several questions regarding the requirements for parental consent, 
use of private insurance, and family fees when a State implements a 
system of payments (using public benefits or insurance, private 
insurance, and/or family fees) under Part C 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 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 
    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: September 15, 2014.
Michael K. Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
[FR Doc. 2014-22322 Filed 9-17-14; 8:45 am]