[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Pages 33247-33248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14857]


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DEPARTMENT OF EDUCATION


List of Correspondence From April 1, 2018, Through December 31, 
2018

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 second, third, and fourth quarters 
of 2018. The correspondence describes the Department's interpretations 
of the Individuals with Disabilities Education Act (IDEA) or the 
regulations that implement 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, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5112, Potomac Center Plaza, 
Washington, DC 20202-2500. Telephone: (202) 245-6493.
    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 at (202) 245-6493.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
for three calendar quarters, April 1, 2018, through December 31, 2018. 
Under section 607(f) of 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 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.

2018--Second Quarter Letters

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

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Letter dated April 18, 2018, to Rhode Island attorney David 
Kane, clarifying the obligation of local educational agencies (LEAs) to 
provide compensatory services to make up for special education and 
related services missed when children with disabilities participate in 
required scheduled State assessment testing.
Topic Addressed: State Educational Agency (SEA) General Supervisory 
Authority
    [cir] Letter dated April 19, 2018, to individual Marcie Lipsitt, 
regarding an SEA's authority to order compensatory services as a remedy 
through the State complaint process.

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

Topic Addressed: Individualized Education Programs (IEPs)
    [cir] Letter dated April 19, 2018, to Lehigh University Professor 
of Education and Law, Perry A. Zirkel, regarding dissenting opinions 
from IEP Team members.
    [cir] Letter dated April 19, 2018, to California attorney Brian 
Carol, regarding implementation of an IEP for a preschool student who 
attends school less than five days per week.
Topic Addressed: Evaluations and Reevaluations
    [cir] Letter dated May 10, 2018, to Lehigh University Professor of 
Education and Law, Perry A. Zirkel, clarifying the requirements for 
evaluating a child suspected of having a specific learning disability 
to determine whether the child is eligible to receive special education 
and related services under IDEA.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluations
    [cir] Letter dated June 28, 2018, to individual (personally 
identifiable information redacted), regarding whether the school must 
continue to provide special education and related services during the 
time in which the parents request an independent educational evaluation 
because they disagree with a reevaluation and subsequent IEP team 
eligibility determination.

2018--Third Quarter Letters

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

Section 602--Definitions

Topic Addressed: Related Services
    [cir] Letter dated August 2, 2018, to National Center on Deaf-
Blindness Director, Linda McDowell, regarding whether the services of 
interveners can be considered an appropriate related service for 
children who are deaf-blind.

Section 612--State Eligibility

Topic Addressed: Child Find
    [cir] Letter dated August 2, 2018, to California attorney Lawrence 
Siegel, clarifying whether there is a general notification requirement 
to all parents regarding special education laws and processes.

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

Topic Addressed: Evaluations and Reevaluations
    [cir] Letter dated August 2, 2018, to individual (personally 
identifiable information redacted), regarding LEA responsibilities for 
children with disabilities who transfer to a new State within the same 
school year.

Section 615--Procedural Safeguards

Topic Addressed: Placement in Alternative Educational Setting
    [cir] Letter dated July 27, 2018, to Tennessee attorney Carrie 
Mason, clarifying when partial day exclusions from school would count 
toward a disciplinary change in placement under the discipline 
procedures of the IDEA.

[[Page 33248]]

Topic Addressed: Independent Educational Evaluation
    [cir] Letter dated August 23, 2018, to individual (personally 
identifiable information redacted), regarding whether a public agency 
may limit the amount of time an independent evaluator is allotted to 
observe a child in the child's educational setting when the evaluator 
is paid by the parent.
Topic Addressed: Impartial Due Process Hearings
    [cir] Letter dated August 23, 2018, to Texas attorney Devin 
Fletcher, regarding the scheduling of due process hearings and 
expedited due process hearings when there are less than 20 school days 
left in the school year.

2018--Fourth Quarter Letters

Part C--Infants and Toddlers With Disabilities

Section 634--Eligibility

Topic Addressed: Evaluations
    [cir] Letter dated December 20, 2018, to National Center for 
Hearing Assessment and Management, Early Childhood Hearing Outreach 
Initiative, Director, William Eiserman, regarding the evaluation 
process for an infant or toddler suspected of being deaf or hard of 
hearing to determine eligibility for early intervention services under 
Part C of IDEA.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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.

Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2019-14857 Filed 7-11-19; 8:45 am]
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