[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Page 16613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05579]



[[Page 16613]]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


List of Correspondence From April 1, 2022, Through December 31, 
2022

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) 
received by individuals during quarters two, three, and four of 
calendar year 2022. The correspondence describes the Department's 
interpretations of the Individuals with Disabilities Education Act 
(IDEA) or the regulations that implement IDEA. The letters and other 
documents described in this list, with personally identifiable 
information redacted, as appropriate, can be found at https://sites.ed.gov/idea/policy-guidance/.

FOR FURTHER INFORMATION CONTACT: Rebecca Walawender, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5103, Potomac Center Plaza, 
Washington, DC 20202-2500. Telephone: (202) 245-7399. Email: 
[email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
for three quarters, April 1, 2022, through December 31, 2022. Under 
section 607(f) of IDEA, the Secretary is required to publish this list 
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.

2022--Second Quarter

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

Section 612--State Eligibility

    Topic Addressed: Least Restrictive Environment.
    [cir] Letter dated April 7, 2022, to Garth Tymeson, regarding the 
provision of physical education, including adapted physical education 
and the least restrictive environment, to children with disabilities 
under the Individuals with Disabilities Education Act (IDEA).

Section 615--Procedural Safeguards

    Topic Addressed: Impartial Due Process Hearings.
    [cir] Letter dated April 15, 2022, to Perry Zirkel, related to 
implementation of State complaint, due process complaint, and due 
process hearing procedures required under the Individuals with 
Disabilities Education Act (IDEA).

2022--Third Quarter

    No letters.

2022--Fourth Quarter

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

Section 612--State Eligibility

    Topic Addressed: Child Find.
    [cir] Letter dated November 1, 2022, to Virginia Sharpless, 
addressing child find procedures to assist, and not hinder, parents 
when they are requesting an initial evaluation of their child for 
special education and related services.
    Topic Addressed: Children In Private Schools.
    [cir] Letter dated November 16, 2022, to Jacquelyn Flanigan, 
clarifying that any student found eligible under the Individuals with 
Disabilities Education Act (IDEA) who is enrolled by their parent in a 
private school, whether or not they have a current or prior 
individualized education program or services plan, must be counted when 
calculating the proportionate share of IDEA Part B funds for equitable 
services to parentally-placed private school children with 
disabilities. The letter also addressed the use of a Memorandum of 
Understanding between a public agency and a private school addressing 
the provision of equitable services.
    Accessible Format: On request to the person listed under FURTHER 
INFORMATION CONTACT, individuals with disabilities can obtain a copy of 
this notice and the letters or other documents described in this notice 
in an accessible format. The Department will provide the requestor with 
an accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    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.

Katherine Neas,
Deputy Assistant Secretary. Delegated the authority to perform the 
functions and duties of the Assistant Secretary for the Office of 
Special Education and Rehabilitative Services.
[FR Doc. 2023-05579 Filed 3-17-23; 8:45 am]
BILLING CODE 4000-01-P