[Federal Register: March 28, 2002 (Volume 67, Number 60)]
[Notices]
[Page 14922-14923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr02-45]
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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 October 1, 2001 through December
31, 2001.
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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
[[Page 14923]]
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 Formats Center. Telephone: (202) 205-8113.
SUPPLEMENTARY INFORMATION:
The following list identifies correspondence from the Department
issued from October 1, 2001 through December 31, 2001.
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
Section 619--Preschool Grants
Topic Addressed: Allocation of Grants
Letter dated December 18, 2001 to U.S. Congressman Charles
F. Bass, regarding implementation of the Preschool Grants and
Assistance to States formulas and the options available for
distribution of funds under sections 611 and 619.
Section 612--State Eligibility.
Topic Addressed: Confidentiality of Education Records
Letter dated December 4, 2001 to U.S. Congressman Roscoe
E. Bartlett from Family Policy Compliance Office Director LeRoy Rooker,
regarding the circumstances under which an educational agency can
permit the disclosure of education records without prior written
parental consent.
Topic Addressed: Children In Private Schools
Letter dated October 4, 2001 to individual, (personally
identifiable information redacted), clarifying that there is no
inconsistency between the statute and the regulations implementing IDEA
regarding the extent of rights available to parentally-placed private
school children with disabilities and their parents.
Topic Addressed: State Educational Agency General Supervisory Authority
Letter dated November 6, 2001 to Ohio Department of
Education Interim Director of the Office for Exceptional Children Ed
Kapel, regarding a State's obligation to resolve complaints in
accordance with the complaint requirements in Part B within the
required timeline.
Topic Addressed: Assessments
Letter dated October 10, 2001 to U.S. Congressman Curt
Weldon, regarding the Federal requirements for including children with
disabilities in assessments and the implementation of the IDEA
provisions related to alternate assessments.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements.
Topic Addressed: Evaluations and Reevaluations
Letter dated November 5, 2001 to New Jersey Department of
Education Commissioner Vito A. Gagliardi, Sr., regarding the IDEA Part
B requirement that parental consent must be obtained before the initial
evaluation, the reevaluation, and the provision of special education
and related services and the fact that Part B does not permit public
agencies to override a parent's refusal of consent for initial services
or to initiate a due process hearing if a parent refuses consent to the
initial provision of special education and related services.
Topic Addressed: Educational Placements
Letter dated November 26, 2001 to Attorney Paul Veazey
regarding the role of the placement team, including the child's
parents, in the placement decision for a child with a disability and
the authority of a public agency to make an administrative
determination of the educational placement of a child with a disability
consistent with the placement team's decision.
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 Document Format (PDF) on the Internet at the following site:
www.ed.gov/legislation/FedRegister/.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
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: March 22, 2002.
Robert H. Pasternack,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 02-7473 Filed 3-27-02; 8:45 am]
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