[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Notices]
[Page 29524-29525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-44]
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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 January 2, 2004, through March 31,
2004.
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SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act, as
amended (IDEA). Under section 607(d) of the 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 (Department) of the IDEA
or the regulations that implement the IDEA.
FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 205-5507 (press 3).
If you use a telecommunications device for the deaf (TDD), you may
call 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 the contact persons listed under FOR
FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The following list identifies correspondence
from the Department issued from January 2, 2004, through March 31,
2004.
Included on the list are those letters that contain interpretations
of the requirements of the 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 A--General Provisions
Section 602--Definitions
Topic Addressed: Child With a Disability
[cir] Letter dated February 2, 2004, to individual (personally
identifiable information redacted), clarifying that if a child is
evaluated as having one of the disabilities specified in the definition
of child with a disability in 34 CFR 300.7(a)(1), and, by reason of
that disability, needs special education and related services, a public
agency may not deny the provision of a free appropriate public
education (FAPE) to the child because the child is advancing from grade
to grade.
Section 605--Acquisition of Equipment; Construction or Alteration of
Facilities
Topic Addressed: Construction of Facilities
[cir] Letter dated March 26, 2004, to Mississippi Water Valley
School District Program Developer Butch Stevens listing the general
principles for determining whether expenditures for construction of
facilities are allowable under the IDEA.
Part B--Assistance for Education of All Children With Disabilities
Section 611--Authorization; Allotment; Use of Funds; Authorization of
Appropriations
Topic Addressed: Distribution of Funds
[cir] OSEP memorandum 04-07 dated March 1, 2004, regarding
implementation of the funding formula under the IDEA, specifically the
year of age cohorts for which FAPE is ensured.
Topic Addressed: Distribution of Funds Provided to the Secretary of the
Interior
[cir] Letter dated January 20, 2004, to Bureau of Indian Affairs
Special Education Director Keith Neves, clarifying that in order to
comply with the requirements of section 611(i) of IDEA, the Bureau of
Indian Affairs (BIA) must be able to demonstrate that for each Federal
fiscal year as specified in its grant award letter, 80 percent of its
section 611(c) funds are used to provide special education and related
services to children with disabilities ages 5 through 21 enrolled in
BIA operated or funded schools and 20 percent of its section 611(c)
funds are distributed to the tribes or tribal organizations for the
coordination of services for children with disabilities ages 3 through
5.
Section 612--State Eligibility
Topic Addressed: Free Appropriate Public Education
[cir] Letter dated January 28, 2004, to individual (personally
identifiable information redacted), clarifying that the IDEA does not
require that private schools provide special education and related
services that meet the needs of all students with disabilities, and it
does not require that States certify all private schools to provide
services to all students.
Topic Addressed: Confidentiality of Education Records
[cir] Letter dated February 25, 2004, to Alabama Department of
Education State School Nurse Consultant Martha Holloway from Family
Policy Compliance Office Director LeRoy S. Rooker, explaining, in
response to an inquiry regarding immunization records of students, that
the Health Insurance Portability and Accountability Act of 1996 did not
apply because the records were education records subject to the Family
Educational Rights and Privacy Act (FERPA), and explaining limitations
to the ``health and safety emergency'' exception under FERPA.
[cir] Letters dated February 25, 2004, to Pennsylvania Department
of Education Assistant Counsel Amy C. Foerster and February 18, 2004,
to California Department of Education Special Education Consultant Dr.
Allan M. Lloyd-Jones from Family Policy Compliance Office Director
LeRoy S. Rooker, clarifying the requirements under FERPA and the IDEA
regarding the release of education records in connection with studies
conducted by other agencies or organizations
[[Page 29525]]
pertaining to autism and other developmental disabilities.
Section 615--Procedural Safeguards
Topic Addressed: Independent Educational Evaluations
[cir] Letter dated February 20, 2004 to California Department of
Education Assistant Superintendent Alice D. Parker, regarding the
rights of parents in the selection of an evaluator to perform an
independent educational evaluation.
Part C--Infants and Toddlers With Disabilities
Section 635--Requirements for Statewide System
Topic Addressed: Child Find
[cir] Letter dated February 12, 2004, to individual (personally
identifiable information redacted), regarding the State lead agency's
child find responsibilities under Part C of IDEA and whether a hospital
can disclose information regarding an infant or toddler to a State's
lead agency.
Section 636--Individualized Family Service Plan
Topic Addressed: Transition
[cir] Letter dated February 11, 2004, to Texas Interagency Council
on Early Childhood Intervention Executive Director Mary Elder,
regarding whether parental consent is required to disclose referral
information from a lead agency under Part C of IDEA to the State
education agency or local education agency about children who will
shortly turn three and transition from receiving early intervention
services under Part C to potentially receiving special education and
related services under Part B.
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
Letter dated January 14, 2004, to individual (personally
identifiable information redacted), regarding the types of programming
that could be captioned using IDEA funds.
Other Letters That Do Not Interpret the Idea But May Be of Interest to
Readers
Topic Addressed: Accountability
Letter to Chief State School Officers dated March 2, 2004,
providing guidance under the No Child Left Behind Act of 2001 (NCLB)
regarding how States might seek an exception to the requirements
regarding the number of proficient scores of students with the most
significant cognitive disabilities who take alternate assessments based
on alternate achievement standards that may be included in annual
yearly progress decisions.
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
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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.gpoaccess.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: May 14, 2004.
Troy R. Justesen,
Acting Deputy Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 04-11681 Filed 5-21-04; 8:45 am]
BILLING CODE 4000-01-P