[Federal Register: August 31, 1998 (Volume 63, Number 168)]
[Notices]
[Page 46327-46329]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au98-111]
[[Page 46327]]
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Part III
Department of Education
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List of Correspondence, Office of Special Education and Rehabilitative
Services: Notice
[[Page 46328]]
DEPARTMENT OF EDUCATION
List of Correspondence--Office of Special Education and
Rehabilitative Services
AGENCY: Department of Education.
ACTION: List of correspondence from October 1, 1997 through December
31, 1997.
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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 8:00 a.m. and 8:00 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 October 1, 1997 and December 31,
1997.
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 B--Assistance for Education of all Children with Disabilities
Section 612 State Eligibility
Topic Addressed: Free Appropriate Public Education
* Letter dated October 3, 1997 to an individual, (personally
identifiable information redacted), regarding possible eligibility for
special education and related services under Part B of IDEA for
children ineligible for Supplemental Security Income benefits.
* Letter dated October 7, 1997 to Ms. Joann Biondi, Berkeley
Unified School District, Berkeley, California, regarding which school
district is responsible for educating a child with a disability whose
parents are divorced.
Topic Addressed: Free Appropriate Public Education for Eligible Youth
With Disabilities Incarcerated in Adult Prisons
* Letters dated November 6, 1997 to Mr. Russell Shaddix,
Eureka City Schools, Eureka, California; Mr. Richard D. Teagarden and
Mr. Dan Halcomb, Yuba County Office of Education, Marysville,
California; and Mr. George Galaza, Warden, California State Prison,
Corcoran, California, regarding flexibility afforded to States in
meeting their obligations to provide a free appropriate public
education to this population of disabled students.
Topic Addressed: Least Restrictive Environment
* Letter dated October 3, 1997 to Sister Mary Ramona,
Felician School for Exceptional Children, Inc., Lodi, New Jersey,
regarding the continuum of alternative placements.
* Letter dated October 22, 1997 to Mr. Donald C. Buell,
Hinsdale Township High School District No. 86, Oak Brook, Illinois,
regarding absence of Part B definitions of terms ``regular classes''
and ``inclusion.''
* Letter dated December 31, 1997 to Mr. Mark Hall,
Neighborhood Schools Now!, Chantilly, Virginia, regarding the
relationship of the individualized education program and least
restrictive environment requirements of the IDEA Amendments Act of
1997.
Topic Addressed: General Supervision
* Letter dated November 6, 1997 to Mrs. Leslie M. Averna,
Associate Commissioner, Division of Educational Programs and Services,
Connecticut Department of Education, regarding intervals for a State's
monitoring cycle.
* Letter dated November 18, 1997 to Honorable Sandy Garrett,
Oklahoma State Superintendent of Public Instruction, regarding the
scope of a State educational agency's general supervisory
responsibility, including its primary responsibility for resolution of
complaints alleging violations of Part B.
Topic Addressed: Confidentiality
* Letter dated December 23, 1997 to individual, (personally
identifiable information redacted), regarding obligations of States to
disclose individual student data in a non-personally identifiable
manner.
Section 614--Evaluations, Eligibility Determinations,
Individualized Education Programs, and Educational Placements
Topic Addressed: Evaluations
* Letter dated November 14, 1997 to an individual
(personally identifiable information redated), regarding absence of
time periods in Part B within which a school district must respond to a
parent's request for evaluation.
Topic Addressed: Individualized Education Programs
* Letter dated October 29, 1997 to an individual,
(personally identifiable information redated), regarding regular
education teacher's participation on the IEP team.
* Letter dated November 21, 1997 to Mr. Edward J. Sarzynski,
Esq. of Binghamton, New York, regarding IEPs for children receiving
home schooling.
* Letter dated November 6, 1997 to an individual,
(personally identifiable information redacted), regarding consideration
of a child's need for assistive technology.
Section 615--Procedural Safeguards
Topic Addressed: Surrogate Parents
* Letter dated December 3, 1997 to Mr. John Copenhaver,
Mountain Plains Regional Resource Center, regarding attorney's fees for
a surrogate parent and limitations on removal of surrogate parents.
Topic Addressed: Due Process Hearings
* Letter dated October 22, 1997 to Dr. Juanita S. Pawlisch,
Wisconsin Department of Public Instruction, regarding the applicability
of a State statute of limitations to a parent's right to request a due
process hearing under Part B.
Topic Addressed: Pendency Placement
* Letter dated November 26, 1997 to Dr. Paul Chassy, Esq. of
Kensington, Maryland, regarding determination of child's pendency
placement if parties are unable to agree.
Topic Addressed: Discipline Procedures
* OSEP Memorandum 97-7 dated September 19, 1997 entitled
``Initial Disciplinary Guidance related to Removal of Children with
Disabilities from Their Current Educational Placements for Ten School
Days or Less.''
[[Page 46329]]
* Letter dated October 9, 1997 to U.S. Congressman Zach
Wamp, regarding suspensions of up to ten school days.
* Letter dated October 3, 1997 to an individual, (personally
identifiable information redacted), regarding when a hearing officer
may order the change in the placement of a child with a disability to
an appropriate interim alternative educational setting for up to 45
days.
* Letter dated December 3, 1997 to Mr. Richard Bachman,
Principal, Midwest City High School, Midwest City, Oklahoma, regarding
when a student with a disability can be excluded from school for more
than 45 days.
* Letter dated November 6, 1997 to U.S. Congressman Ike
Skelton, letter dated December 17, 1997 to Mr. Paul E. Miller,
Principal, Laquey R-V High School, Laquey, Missouri, and letter dated
December 18, 1997 to individual, (personally identifiable information
redacted), regarding options available to school authorities in
disciplining disabled students.
* Letter dated December 8, 1997 to Dr. James V. Parker, Jr.,
Wilkes County Board of Education, Washington, Georgia, regarding
resources for providing alternative programming for disabled students
disciplined under the Act.
* Letter dated December 17, 1997 to U.S. Congressman John
Tanner, regarding applicability of Gun-Free Schools Act to student 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 (pfd) 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 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: August 21, 1998.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
[FR Doc. 98-22965 Filed 8-28-98; 8:45 am]
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