[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26080-26081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11713]


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DEPARTMENT OF EDUCATION


List of Correspondence From January 1, 2016, Through March 31, 
2016, and April 1, 2016, Through June 30, 2016

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) 
received by individuals during the first and second quarters of 2016. 
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) 245-7605.
    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 January 1, 2016, through March 31, 
2016, and April 1, 2016, through June 30, 2016. 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 
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 A--General Provisions

Section 608--State Administration

Topic Addressed: Rulemaking
    [cir] Letter dated March 3, 2016, to individual (personally 
identifiable information redacted), regarding whether certain New York 
State regulations are consistent with the requirements of Part B of the 
IDEA.

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 April 26, 2016, regarding the 
obligations of public agencies in meeting the special education and 
related services needs of children with disabilities who reside in 
nursing homes.
Topic Addressed: State Advisory Panel
    [cir] Letter dated February 9, 2016, to Technical Assistance for 
Excellence in Special Education, Executive Director John D. Copenhaver, 
clarifying whether an individual who is not the parent of a child with 
a disability under Part B of the IDEA can serve as a member of the 
State advisory panel.

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

Topic Addressed: Individualized Education Program (IEP) Team
    [cir] Letter dated February 17, 2016, to Illinois State Board of 
Education official, David Andel, reiterating the policy of the Office 
of Special Education Programs (OSEP) regarding attendance of attorneys 
at IEP Team meetings, and clarifying that the parent is not required to 
notify the public agency prior to an IEP Team meeting that the parent 
will be bringing an attorney to an IEP Team meeting.
Topic Addressed: Eligibility Determinations
    [cir] Letter dated April 25, 2016, to Decoding Dyslexia Missouri 
representative, Kelli Unnerstall, regarding a public agency's 
responsibility to conduct evaluations of children whose reading 
difficulties result from dyslexia, and a parent's right to challenge 
the public agency's evaluation.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluation
    [cir] Letter dated January 19, 2016, to Maryland attorney Diana M. 
Savit, regarding whether professionals conducting independent 
educational evaluations initiated by parents and school personnel 
conducting evaluations for the public agency must have the same 
qualifications and reiterating OSEP's policy regarding the use of audio 
or video recording devices at IEP Team meetings.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Flexibility To Serve Children 3 Years of Age Until 
Entrance to Elementary School
    [cir] Letter dated May 9, 2016, to Maryland Special Needs Advocacy 
Project Coordinator Martha Goodman, regarding whether a State that 
chooses to develop a State policy to make Part

[[Page 26081]]

C services available to children three years of age and older may 
develop an IEP, to be implemented after the child turns three, before a 
parent chooses Part C or Part B services for their child.
    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 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: June 1, 2017.
Ruth E. Ryder,
Deputy Director, Office of Special Education Programs, delegated the 
duties of the Assistant Secretary for Special Education and 
Rehabilitative Services.
[FR Doc. 2017-11713 Filed 6-5-17; 8:45 am]
 BILLING CODE 4000-01-P