[Federal Register: September 10, 1998 (Volume 63, Number 175)]
[Notices]
[Page 48561-48563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se98-153]
[[Page 48561]]
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Part III
Department of Education
_______________________________________________________________________
Office of Special Education and Rehabilitative Services: List of
Correspondence (January 2, 1998-March 31, 1998); Notice
[[Page 48562]]
DEPARTMENT OF EDUCATION
List of Correspondence--Office of Special Education and
Rehabilitative Services
AGENCY: Department of Education.
ACTION: List of correspondence from January 2, 1998 through March 31,
1998
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SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(d) of IDEA, the Secretary is required, on a
quarterly basis, to publish in the Federal Register ``a list of
correspondence from the Department of Education received by individuals
during the previous quarter that describes the interpretations of the
Department of Education of this Act or the regulations implemented
pursuant to this Act.''
FOR FURTHER INFORMATION CONTACT: JoLeta Reynolds or Rhonda Weiss.
Telephone: (202) 205-5507. Individuals who use a telecommunications
device for the deaf (TDD) may call (202) 205-5465 or the Federal
Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8
p.m., Eastern time, Monday through Friday, except Federal holidays.
Individuals with disabilities may obtain a copy of this notice in
an alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to Katie Mincey, Director of the Alternate Formats
Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued between January 2, 1998 and March 31, 1998.
Included on the list are those letters that contain interpretations
of the requirements of IDEA and its implementing regulations, as well
as letters that the Department believes will assist the public in
understanding the requirements of the law and its regulations. The date
and topic addressed by a letter are identified, and summary information
is also provided, as appropriate. To protect the privacy interests of
the individual or individuals involved, personally identifiable
information has been deleted, as appropriate.
Part A--General Provisions
Section 602 Definitions
Topic Addressed: Disability Categories
* Letter dated January 12, 1998 to an individual,
(personally identifiable information redacted), regarding provision of
special education services to a child with a sexually transmitted
disease.
* Letter dated March 31, 1998 to U. S. Congressman Thomas C.
Sawyer regarding eligibility of children with Attention Deficit
Disorder under the ``other health impairment'' category.
Section 607 Requirements for Prescribing Regulations
Topic Addressed: Applicable Regulations
* Letter dated February 20, 1998 to Ms. Larisa Cummings,
Esq., Oakland, California, regarding applicability of current
regulations while publication of final regulations is pending.
Part B--Assistance for Education of All Children With Disabilities
Section 612 State Eligibility
Topic Addressed: Free Appropriate Public Education
* Letter dated January 8, 1998 to Ms. Margie Best, Esq.,
Chicago, Illinois, regarding which school district is obligated to
provide special educational services to a disabled child whose parents
are divorced, if the child lives in a school district other than where
the mother resides, and the father's whereabouts are unknown.
* Letter dated January 8, 1998 to Mrs. Faanati Penitusi,
American Samoa Parent Network, regarding when charging of incidental
fees is permissible.
* Letter dated February 11, 1998 to an individual,
(personally identifiable information redacted), regarding a school
district's obligation to continue to make a free appropriate public
education (FAPE) available to a disabled student who breaks a student
behavior contract.
* Letter dated February 23, 1998 to an individual,
(personally identifiable information redacted), regarding school
district's obligation to ensure the provision of FAPE despite lack of
adequate personnel or resources.
Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons
* Letter dated March 11, 1998 to an individual, (personally
identifiable information redacted), regarding flexibility afforded to
States in meeting their obligations to provide FAPE to this population
of disabled students.
Topic Addressed: Least Restrictive Environment
* Letter dated February 4, 1998 to William R. Bauer,
Director, The Day School, Pittsburgh, Pennsylvania, regarding the
requirement in the IDEA Amendments of 1997 addressing a funding
mechanism by which a State distributes State funds based on the setting
in which a disabled child is receiving services.
Topic Addressed: Children With Disabilities Placed in Private Schools
by Their Parents
* Letter dated January 29, 1998 to U.S. Congressman Richard
Burr, regarding the applicability to public agencies, not personnel of
private schools or facilities, of the Part B requirements governing
services to children with disabilities placed in private schools by
their parents.
* Letter dated February 26, 1998 to Dr. James F. McKethan,
Director, Exceptional Children's Program, Cumberland County Schools,
Fayetteville, North Carolina, regarding the nature and extent of school
districts' obligations to this class of disabled students.
Topic Addressed: General Supervision
* Letter dated January 7, 1998 to Dr. Ora Spann, Director,
Office of Programs for Children with Disabilities, South Carolina
Department of Education, regarding State education standards.
* Letter dated January 8, 1998 to Dr. Bill East, Assistant
Director, Division of Special Education Services, Alabama Department of
Education, and letter dated January 8, 1998 to an individual,
(personally identifiable information redacted), regarding State
complaint procedures and State educational agency responsibility to
ensure timely resolution of State complaints.
Topic Addressed: Participation of Children With Disabilities in State
and District-Wide Assessments
* Letter dated February 2, 1998 to Ms. Patti J. Muhlenkamp,
Wyoming Department of Education, regarding importance of compliance
with this requirement.
Section 614 Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements
Topic Addressed: Evaluations
* Letter dated February 25, 1998 to Ms. Linda Maron, Acting
Assistant Executive Director for Unified Services, Minneapolis Public
Schools, Minneapolis, Minnesota, regarding requirements applicable to
evaluations and reevaluations of children suspected of having learning
disabilities and mental impairments.
* Letter dated March 3, 1998 to an individual (personally
identifiable
[[Page 48563]]
information redacted), regarding additional protections in IDEA
Amendments of 1997 to address over-identification of minority students
in special education.
Topic Addressed: Individualized Education Programs
* Letter dated January 23, 1998 to John B. Heskett,
Assistant Commissioner, Division of Special Education, Department of
Elementary and Secondary Education, Jefferson City, Missouri, regarding
participation on IEP teams of individuals invited at the request of
parents.
* Letter dated March 31, 1998 to U.S. Senator Tom Harkin
regarding use of positive behavioral interventions, strategies, and
supports.
Section 615 Procedural Safeguards
Topic Addressed: Notice to Parents
* Letter dated March 31, 1998 to an individual, (personally
identifiable information redacted), regarding the types of information
parents are entitled to receive about their child's educational
program.
Topic Addressed: Due Process Hearings
* Letter dated March 6, 1998 to an individual, (personally
identifiable information redacted), regarding the Department's lack of
jurisdiction over decisions reached in a due process hearing or
subsequent court action, and the Department's inability to grant relief
to parties involved in such proceedings.
Topic Addressed: Discipline Procedures
* Letter dated January 20, 1998 to U.S. Senator Thad Cochran
and letter dated March 13, 1998 to an individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining disabled students.
* Letter dated February 23, 1998 to an individual,
(personally identifiable information redacted), regarding educational
services for disabled students expelled from school.
Part C--Infants and Toddlers With Disabilities [Previously Part H]
Sections 631-641
Topic Addressed: General Information About Statutory Changes Made to
Part C by IDEA Amendments of 1997
* OSEP Memorandum 98-1 dated January 7, 1998 to interested
parties, entitled ``Information Related to Statutory Changes to Part H
of IDEA.''
Section 632 Definitions
Topic Addressed: Provision of Early Intervention Services at No Cost
* Letter dated March 4, 1998 to Maureen Greer, Assistant
Deputy Director, Bureau of Child Development, Family and Social
Services Administration, Indianapolis, Indiana, regarding when States
can access Medicaid and private insurance in ensuring the provision of
appropriate early intervention services.
Section 634 Eligibility
Topic Addressed: Obligation to Serve All Infants and Toddlers With
Disabilities in the State and Their Families
* Letter dated January 7, 1998 to Mr. Carlos Flores,
Manager, Prevention and Children Services Branch, Department of
Developmental Services, Sacramento, California, regarding the
relationship between the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 and Part H, now Part C.
Section 635 Requirements for Statewide System
Topic Addressed: Personnel Standards
* Letter dated March 6, 1998 to Ouida Holder, Coordinator,
Early Intervention Program, Alabama Department of Rehabilitation
Services, regarding personnel standards for providers of special
instruction.
Part D--National Activities to Improve Education of Children With
Disabilities
Section 652 Eligibility and Collaborative Process, Section 653
Applications, Section 654 Use of Funds
Topic Addressed: State Program Improvement Grants for Children With
Disabilities
* OSEP Memorandum 98-4 dated February 24, 1998 to interested
parties, entitled ``Guidance Related to State Program Improvement
Grants to Improve Education for Children with Disabilities.''
Electronic Access to This Document
Anyone may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
portable document format (pdf) on the World Wide Web at either of the
following sites:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
To use the pdf you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the pdf, call the U.S. Government Printing
Office at (202) 512-1530 or, toll free at 1-888-293-6498.
Anyone may also view these documents in text copy only on an
electronic bulletin board of the Department. Telephone: (202) 219-1511
or, toll free, 1-800-222-4922. The documents are located under Option
G--Files/Announcements, Bulletins, and Press Releases.
Note: The official version of a document is the document
published in the Federal Register.
Dated: September 3, 1998.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 98-24239 Filed 9-9-98; 8:45 am]
BILLING CODE 4000-01-P