FR Doc 03-3257
[Federal Register: February 10, 2003 (Volume 68, Number 27)]
[Notices]
[Page 6725-6727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe03-59]
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DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services; List of
Correspondence
AGENCY: Department of Education.
ACTION: List of correspondence from July 1, 2002 through September 30,
2002.
Download: 
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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
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individuals during the previous quarter that describes the
interpretations of the Department of Education of IDEA or the
regulations that implement IDEA.
FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507.
If you use a telecommunications device for the deaf (TDD), you may
call (202) 205-5637 or the Federal Information Relay Service (FIRS) at
1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to Katie Mincey, Director of the
Alternate Format Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from July 1, 2002 through September 30,
2002.
Included on the list are 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 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 B--Assistance for Education of all children with disabilities
Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations.
Topic Addressed: Grants to States
[sbull] Letter dated September 25, 2002 to Rhode Island Department
of Education Office of Special Needs Director Dr. Thomas P. DiPaolo,
clarifying that although the effective date of a Part B grant cannot be
changed, it is possible, subject to certain conditions, to grant pre-
award costs to a State to mitigate significant hardship on State and
local programs if there is very limited potential harm to the Federal
interest.
Topic Addressed: Authorization of Appropriations
[sbull] Memorandum dated September 30, 2002 to Governors and Chief
State School Officers, regarding nonregulatory guidance pertaining to
Federal education programs, including section 611 of IDEA, with advance
appropriations in fiscal year (FY) 2002.
Section 612--State Eligibility
Topic Addressed: Confidentiality of Education Records
[sbull] Letter dated July 30, 2002 to Pennsylvania Assistant
Director of Special Education John Tommasini from Family Policy
Compliance Office Director LeRoy S. Rooker, explaining that States must
resolve complaints filed by non-parent individuals or organizations
even if the parent refuses to consent to the disclosure of personally
identifiable information about the student; but, in such cases, the
State may not disclose personally identifiable information about the
student.
[sbull] Letter dated July 29, 2002 to U.S. Representative C.L.
``Butch'' Otter from Family Policy Compliance Office Director LeRoy S.
Rooker, regarding the right of parents to obtain copies of education
records and whether a parent's representative can inspect and review
education records.
[sbull] Letter dated July 18, 2002 to individual, (personally
identifiable information redacted), regarding the creation, retention,
and destruction of education records, and records handling and storage.
Topic Addressed: Maintenance of Effort
[sbull] Letter dated July 16, 2002 to Michael J. Hernandez, Esq.,
regarding the use of Medicaid reimbursement funds to construct or equip
special education classrooms.
Section 615--Procedural Safeguards
Topic Addressed: Due Process Hearings
[sbull] Letter dated September 12, 2002 to Louisiana Assistant
Legislative Auditor David K. Greer, regarding whether due process
hearings under the IDEA may be conducted by Louisiana's administrative
law judge panel and clarifying that as a general matter, the Office of
Special Education Programs does not interpret State law, or opine about
its application, unless State law appears to conflict with Federal
requirements.
Part C--Infants and Toddlers with Disabilities
Section 634--Eligibility
Topic Addressed: State Participation
[sbull] Letter dated August 13, 2002 to individual, (personally
identifiable information redacted), clarifying that participation by
States in Part C is voluntary.
Section 636--Individualized Family Service Plan
Topic Addressed: Natural Environments
[sbull] Letter dated July 30, 2002 to individual, (personally
identifiable information redacted), regarding the history of
implementation of the natural environments requirements of Part C of
the IDEA since the early intervention program was originally enacted,
and clarifying that, based on the child's individualized family
services plan (IFSP), appropriate services can be provided in other
environments.
Part D--National Activities to Improve Education of Children with
Disabilities
Subpart 2--Coordinated Research, Personnel Preparation, Technical
Assistance, Support, and Dissemination of Information.
Section 687--Technology Development, Demonstration, and Utilization;
and Media Services
Topic Addressed: Captioning
[sbull] Letter dated August 8, 2002 to House Education and
Workforce Committee Chairman John Boehner, generally describing the
process by which grant awards are made under the IDEA to provide
support for the captioning of educational, news, and informational
television, videos, and materials.
Other Letters Relevant to the Administration of IDEA Programs
Topic Addressed: Child with a disability
[sbull] Letter dated July 12, 2002 to U.S. Senator Mary L.
Landrieu, regarding the identification and evaluation of handicapped
persons under Section 504 of the Rehabilitation Act of 1973.
Topic Addressed: Accountability for Results
[sbull] Letter dated August 13, 2002 to Dr. Lucille Linde,
clarifying that the Department of Education does not have the authority
to mandate the use of specific assessment and instructional/
intervention programs in public schools and that these decisions are
made at the State and local school district levels.
[sbull] Dear Colleague letter dated July 24, 2002, regarding the
implementation of the No Child Left Behind Act and statewide
accountability systems, and providing guidance on adequate yearly
progress.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable
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Document Format (PDF) on the Internet at the following site: http://www.ed.gov/legislation/FedRegister
.
To use PDF you must have Adobe Acrobat Reader, which is available
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Government Printing Office (GPO), toll free, at 1-800-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is published in the
Federal Register. Free Internet access to the official edition of
the Federal Register and the Code of Federal Regulations is
available on GPO Access at: http://www.access.gpo.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: February 5, 2003.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 03-3257 Filed 2-7-03; 8:45 am]
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