[Federal Register Volume 74, Number 34 (Monday, February 23, 2009)]
[Notices]
[Pages 8073-8074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3814]
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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, 2008 through September 30,
2008.
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SUMMARY: The Secretary is publishing the following list pursuant to
section 607(f) of the Individuals with Disabilities Education Act
(IDEA). Under section 607(f) of the 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 the IDEA or the regulations that
implement the IDEA.
FOR FURTHER INFORMATION CONTACT: Laurel Nishi or Mary Louise Dirrigl.
Telephone: (202) 245-7468.
If you use a telecommunications device for the deaf (TDD), you can
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities may obtain a copy of this notice in
an accessible 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, 2008 through September 30,
2008. 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 of and topic addressed by each
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
redacted, as appropriate.
Part B--Assistance for Education of All Children With Disabilities
Section 612--State Eligibility
Topic Addressed: Least Restrictive Environment.
[cir] Letter dated July 9, 2008 to Vermont Parent Information
Center Lead Family Consultant Martha Frank, clarifying the factors that
must be considered when a parent requests a public placement for their
child at a private postsecondary institution.
Topic Addressed: State Educational Agency General Supervisory
Authority.
[cir] Letter dated July 1, 2008 to individuals (personally
identifiable information redacted), concerning requirements for timely
State complaint resolutions.
[cir] Letter dated July 1, 2008 to Decatur, Georgia Attorney
Jonathan A. Zimring concerning the minimum State complaint procedures
in the regulations for Part B of the IDEA and concerns about the
Georgia State educational agency's resolution of a particular State
complaint.
[cir] Letter dated July 9, 2008 to individual (personally
identifiable information redacted), concerning the minimum State
complaint procedures in the regulations for Part B of the IDEA and
concerns about a State educational agency's resolution of a particular
State complaint.
[cir] Letter dated July 9, 2008 to The ARC of Pennsylvania
Executive Director Stephen H. Suroviec, declining his request for the
Office of Special Education Programs to conduct an investigation of the
Pennsylvania Department of Education's (PDE) due process system,
describing the minimum State complaint procedures in the regulations
for Part B of the IDEA,
[[Page 8074]]
and responding to concerns about the PDE's resolution of a particular
State complaint.
[cir] Letter dated August 7, 2008 to Idaho Commission for the Blind
and Visually Impaired Administrator Angela Jones, concerning a separate
State agency that would provide outreach programs for children who are
blind or visually impaired.
Topic Addressed: Obligations Related to and Methods of Ensuring
Services.
[cir] Letter dated July 23, 2008 to Kinney Management Services, LLC
representative Joseph Kinney, reiterating the Department's position
that Medicaid billing issues are governed primarily by Medicaid
requirements and State law, and explaining the parental consent
requirements that apply when access to public benefits or insurance is
sought.
Section 615--Procedural Safeguards
Topic Addressed: Prior Written Notice.
[cir] Letter dated August 15, 2008 to Missouri Department of
Elementary and Secondary Education Assistant Commissioner Heidi Atkins
Lieberman, concerning whether the prior written notice requirements in
Part B of the IDEA are applicable when a parent proposes a change or a
public agency proposes a change with which a parent agrees.
Topic Addressed: Protections for Children Not Yet Eligible for
Special Education and Related Services.
[cir] Letter dated August 15, 2008 to Kentucky School Boards
Association Senior Attorney Teresa T. Combs, clarifying the
requirements in Part B of the IDEA that apply to evaluations of
children suspected of having specific learning disabilities when those
students are subject to disciplinary measures.
Part C--Infants and Toddlers With Disabilities
Section 632--Definitions
Topic Addressed: Early Intervention Services.
[cir] Letter dated July 1, 2008 to District of Columbia State
Superintendent of Education's Early Care and Education Administration's
Infants and Toddlers with Disabilities Division Program Manager Tracie
Bullock Dickson, concerning when nebulizer treatments may be considered
a health service under Part C of the IDEA.
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)
Delegation of Authority: The Secretary of Education has delegated
authority to Andrew J. Pepin, Executive Administrator for Special
Education and Rehabilitative Services to perform the functions of the
Assistant Secretary for Special Education and Rehabilitative Services.
Dated: February 18, 2009.
Andrew J. Pepin,
Executive Administrator for Special Education and Rehabilitative
Services.
[FR Doc. E9-3814 Filed 2-20-09; 8:45 am]
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