[Federal Register: November 28, 2005 (Volume 70, Number 227)]
[Notices]
[Page 71269-71270]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no05-26]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of Special Education and Rehabilitative Services; List of
Correspondence
AGENCY: Department of Education.
ACTION: List of Correspondence from July 1, 2005 through September 30,
2005.
-----------------------------------------------------------------------
SUMMARY: The Secretary is publishing the following list pursuant to
section 607(d) of the Individuals with Disabilities Education Act, as
amended by the Individuals with Disabilities Education Improvement Act
of 2004 (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 U.S. Department of Education
(Department) received by individuals during the previous quarter that
describes the interpretations of the Department of IDEA or the
regulations that implement IDEA.
FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds.
Telephone: (202) 245-7468.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) 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 July 1, 2005 through September 30,
2005.
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 of 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: State Administration
[cir] Dear Colleague letter dated July 25, 2005, advising States
that the Department is invoking its transition authority under section
303 of IDEA, which terminates on December 3, 2005, to give States more
time to ensure that their interagency agreements are current before the
new restriction added to section 611(e)(1) of IDEA on use of Part B
funds for State administration takes effect.
[[Page 71270]]
Section 612--State Eligibility
Topic Addressed: Evaluation
[cir] Letter dated September 21, 2005 to Texas Commissioner of
Education Shirley Neeley, regarding steps that the Department has taken
to address educational challenges for displaced students resulting from
Hurricane Katrina and advising the Texas Education Agency on how to
ensure timely completion of evaluations of children suspected of having
a disability in districts enrolling a significant number of displaced
students.
[cir] Letter dated August 9, 2005 to Virgin Islands Educational
Consultant Eleanor Hirsh, providing an explanation regarding new
requirements relating to (1) pre-referral activities and timeliness of
referrals for initial evaluation to determine eligibility for special
education and related services; (2) use of evaluations conducted under
Part C of IDEA to determine eligibility under Part B of IDEA; and (3)
placement options for preschool-aged children with disabilities.
Topic Addressed: Maintenance of State Financial Support
[cir] Letter dated September 21, 2005 to Louisiana Superintendent
of Education Cecil J. Picard, regarding the steps the Department is
taking to assist the State and school districts in educating displaced
students as a result of Hurricane Katrina and informing the State the
Department will waive the State-level maintenance of effort requirement
as permitted under section 612(a)(18)(C) of IDEA.
Section 613--Local Educational Agency Eligibility
Topic Addressed: Charter Schools
[cir] Letter dated September 13, 2005 to Hawaii Department of
Education Special Education Director Dr. Paul Ban, regarding the
requirements of Part B of IDEA that are applicable to public charter
schools under Hawaii's unitary school system.
Section 615--Procedural Safeguards
Topic Addressed: Student Discipline
[cir] Letter dated July 28, 2005 to Charlotte-Mecklenburg, North
Carolina Commissioner Bill James, regarding requirements applicable to
disciplining students with disabilities.
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:
http://www.ed.gov/news/fedregister/index.html.
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 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
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)
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E5-6578 Filed 11-25-05; 8:45 am]
BILLING CODE 4000-01-P