2010-1082. Office of Special Education and Rehabilitative Services; List of Correspondence

AGENCY:

Department of Education.

ACTION:

List of Correspondence from April 1, 2009 through June 30, 2009.

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:

Laura Duos or Mary Louise Dirrigl. Telephone: [phone].

If you use a telecommunications device for the deaf (TDD), you can call the Federal Relay Service (FRS), toll free, at 1-800-877-8339.

Individuals with disabilities can 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 April 1, 2009 through June 30, 2009. 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 611—Authorization; Allotment; Use of Funds; Authorization of Appropriations

Topic Addressed: Use of Amounts by Secretary of the Interior

○ Letter dated June 30, 2009, to Bureau of Indian Education (BIE), Supervisory Education Specialist Gloria J. Yepa, regarding whether the BIE can use Part B of IDEA funds reserved for administration to pay a portion of the salary of an attorney who provides advice on the administration of the Grants to States program.

Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

Topic Addressed: Evaluations, Parental Consent, and Reevaluations

○ Letter dated April 7, 2009, to Chula Vista Elementary School District Union Representative Johncarlos Torres, regarding when screening of students to determine appropriate instructional strategies is permissible and when an evaluation for special education and related services is required.

Part C—Infants and Toddlers With Disabilities

Section 632—Definitions

Topic Addressed: Early Intervention Services

○ Letter dated June 19, 2009, to New York Department of Health, Bureau of Early Intervention Director, Bradley Hutton regarding New York's policy on respite services.

Electronic Access to This Document

You can 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 [phone].

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)

Dated: January 14, 2010.

Alexa Posny,

Assistant Secretary for Special Education and Rehabilitative Services.