[Federal Register Volume 63, Number 201 (Monday, October 19, 1998)]
[Notices]
[Pages 55932-55933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27981]
[[Page 55931]]
_______________________________________________________________________
Part III
Department of Education
_______________________________________________________________________
List of Correspondence--Office of Special Education and Rehabilitative
Services; Notice
Federal Register / Vol. 63, No. 201 / Monday, October 19, 1998 /
Notices
[[Page 55932]]
DEPARTMENT OF EDUCATION
List of Correspondence--Office of Special Education and
Rehabilitative Services
AGENCY: Department of Education.
ACTION: List of Correspondence from April 1, 1998 through June 30,
1998.
-----------------------------------------------------------------------
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 IDEA or the regulations that implement IDEA.
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 a.m. and 8
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 April 1, 1998 and June 30, 1998.
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 A--General Provisions
Section 602--Definitions
Topic Addressed: Use and Transfer of Ownership of Equipment
Letter Dated June 21, 1998 to Susan Goodman, Esq.,
Assistive Technology Funding and Systems Change Project, Washington,
DC, regarding transfer of ownership of equipment purchased with Part B
funds to a State vocational rehabilitation agency for use by an
individual transitioning to and participating in a State vocational
rehabilitation services program funded under Title I of the
Rehabilitation Act of 1973, as amended.
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: Distribution of IDEA State Grant Funds
OSEP Memorandum 98-10 dated May 29, 1998, to State
Directors of Special Education, regarding State Awards, Set-Aside
Amounts, and Flow-Through Funds for LEAs.
Section 612--State Eligibility
Topic Addressed: Free Appropriate Public Education for Eligible Youth
with Disabilities Incarcerated in Adult Prisons
Letter delivered May 15, 1998 to U.S. Congressman Frank E.
Riggs, regarding the importance of providing educational services to
disabled youths incarcerated in adult prisons and the flexibility
afforded States in meeting this statutory requirement.
Topic Addressed: Least Restrictive Environment
Letter dated June 26, 1998 to U.S. Congressman Wayne
Gilchrest, regarding a State's continued ability under the IDEA
Amendments of 1997 to place a disabled student at a costly, intensive
private school, if that placement is determined necessary for that
student to receive FAPE.
Topic Addressed: General Supervision
Letter dated May 7, 1998 to Patricia A. Hertzler, Esq.,
Port Royal, Pennsylvania, regarding a public agency's responsibility to
maintain, for three years, records demonstrating that all eligible
children with disabilities are provided FAPE, consistent with their
IEPs.
Letter dated June 22, 1998 to Donna Hutcheson, Funding
Advocate, Illinois Assistive Technology Project, regarding the
responsibilities of State Educational Agencies in ensuring the
provision of assistive technology devices and services to children with
disabilities.
Topic Addressed: Interagency Coordination
Letter dated April 30, 1998 to U.S. Senator Christopher J.
Dodd, regarding interagency financing of costly programs designed by
school districts for students whose disabilities have behavioral
components.
Topic Addressed: Personnel Standards
Letter dated May 14, 1998, to Linda J. Garvin, Pediatric
Registered Nurse/Advocate, Oceanside, California, regarding State
standards under Part B for private providers of special education
services.
Section 614--Evaluations, Eligibility Determinations, Individualized
Education Programs, and Educational Placements
Topic Addressed: Individualized Education Programs
OSEP Memorandum 98-8 to Chief State School Officers and
Directors of Special Education, and letter dated May 27, 1998 to
individual (personally identifiable information redacted), regarding
effective date of new IEP requirements.
Letter dated April 29, 1998 to Linda Garvin, Educational
Advocate/FEAT, Oceanside, California, regarding presence of non-
attorney advocates at an IEP meeting.
Section 615--Procedural Safeguards
Topic Addressed: Finality of Hearing Decisions
Letter dated April 3, 1998 to Philip A. Drumheiser,
Advocate for Children with Disabilities, of Carlisle, Pennsylvania,
regarding Department's lack of jurisdiction under Part B to review a
decision in a due process hearing or a decision from a due process
hearing appealed to the State educational agency.
Topic Addressed: Student Discipline
Letter dated May 27, 1998 to individual, (personally
identifiable information redacted), and letter dated June 16, 1998 to
individual, (personally identifiable information redacted), regarding
the requirements of IDEA Amendments of 1997 that are applicable to
students whose disabilities have behavioral components and the
importance of using positive behavioral interventions and supports.
Letter dated June 26, 1998 to individual, (personally
identifiable information redacted), regarding options available to
school authorities in disciplining students with disabilities.
[[Page 55933]]
Part C--Infants and Toddlers With Disabilities (Previously Part H)
Sections 631-641
Topic Addressed: Period of Obligation of Federal Education Funds
Letter dated May 19, 1998 to Howard A. Peters III,
Secretary, Illinois Department of Human Services, regarding the
Department's lack of authority to grant a State's request for an
extension of the period of obligation of any Federal grant funds.
Section 636--Individualized Family Service Plan
Topic Addressed: Natural Environments
Letter dated April 27, 1998 to individual, (personally
identifiable information redacted), regarding a State's responsibility
to ensure the provision of early intervention services in natural
environments, to the maximum extent appropriate to the needs of the
child, and the Individualized Family Service Plan Team's responsibility
to determine the location in which those services are provided.
Part D--National Activities To Improve Education of Children With
Disabilities
Section 673--Personnel Preparation
Topic Addressed: Professional Development
Letter dated April 3, 1998 to Dr. David L. Porretta,
President, National Consortium for Physical Education and Recreation
for Individuals with Disabilities, regarding priorities for
professional development programs for adapted physical educators.
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 (pdf) 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 the 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.
(Catalog of Federal Domestic Assistance Number 84.027, Assistance to
States for Education of Children with Disabilities)
Dated: October 14, 1998.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 98-27981 Filed 10-16-98; 8:45 am]
BILLING CODE 4000-01-P
