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Friday,

March 9, 2001

Part IV

Department of
Education
Office of Special Education and
Rehabilitative Services; List of
Correspondence; Notice

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14292 Federal Register / Vol. 66, No. 47 / Friday, March 9, 2001 / Notices

DEPARTMENT OF EDUCATION and placements under individualized • Letter dated July 25, 2000 to U.S.
education programs (IEP) for children Representative Sue Myrick regarding
Office of Special Education and with autism. options available to parents to resolve
Rehabilitative Services; List of disputes relating to the identification,
Correspondence Part B—Assistance for Education of All
evaluation, educational placement, or
Children With Disabilities
AGENCY: Department of Education. provision of FAPE to a child with a
Section 611—Authorization; Allotment; disability and in addressing such
ACTION: List of correspondence from July Use of Funds; Authorization of concerns as they relate to an existing
1, 2000 through September 30, 2000. Appropriations. school’s compliance with the IDEA’s
SUMMARY: The Secretary is publishing Section 619—Preschool Grants. least restrictive environment
the following list pursuant to section requirements.
Topic Addressed: Allocation of Grants
607(d) of the Individuals with Topic Addressed: Confidentiality
Disabilities Education Act (IDEA). • Letter dated July 28, 2000 to
Under section 607(d) of IDEA, the Wyoming Department of Education • Letter dated July 20, 2000 to the
Secretary is required, on a quarterly Special Programs Unit Director, Rebecca Honorable Kenneth Apfel, Social
basis, to publish in the Federal Register Walk, regarding Wyoming’s Security Administration Commissioner,
a list of correspondence from the implementation of the new Preschool regarding applicability of the Family
Department of Education received by Grants and Grants to States formulas Educational Rights and Privacy Act’s
individuals during the previous quarter and the options available for (FERPA) consent and IDEA, Part B’s
that describes the interpretations of the distribution of funds under sections 611 confidentiality provisions to disclosure
Department of Education of IDEA or the and 619. of personally identifiable information
regulations that implement IDEA. • Letter dated September 18, 2000 to contained in education records in order
Arizona Superintendent of Public to determine the eligibility of children
FOR FURTHER INFORMATION CONTACT:
Instruction, Lisa Graham Keegan, with disabilities for benefits under the
Melisande Lee or JoLeta Reynolds.
regarding adjustments to Arizona’s Supplemental Security Income program.
Telephone: (202) 205–5507. If you use a
distribution of the population payment Topic Addressed: General Supervision
telecommunications device for the deaf
allocation under sections 611 and 619.
(TDD) you may call (202) 205–5465 or • Letter dated June 20, 2000 to U.S.
the Federal Information Relay Service Topic Addressed: Use of Funds Congressman Charles W. Stenholm
(FIRS) at 1–800–877–8339. • Letter dated July 20, 2000 to U.S. regarding the flexibility Federal
Individuals with disabilities may Senator John Breaux regarding the regulations provide States in
obtain a copy of this notice in an availability of Part B funds to purchase establishing due process and alternative
alternative format (e.g., Braille, large playground equipment. dispute resolution mechanisms.
print, audiotape, or computer diskette) • Letter dated September 21, 2000 to
on request to Katie Mincey, Director of Louisiana State Director of Special Topic Addressed: Assessments
the Alternate Formats Center. Education, Virginia C. Beridon, • OSEP memorandum 00–24 dated
Telephone: (202) 205–8113. regarding the availability of pre-award August 24, 2000 to State Directors of
SUPPLEMENTARY INFORMATION: The costs and Part B funds under the Cash Special Education clarifying
following list identifies correspondence Management Improvement Act of 1990 requirements for including students
from the Department issued between and the Education Department General with disabilities in State and district-
July 1, 2000 through September 30, Administrative Regulations (EDGAR). wide assessments.
2000.
Included on the list are those letters Topic Addressed: Authorization of Section 613—Local Educational Agency
that contain interpretations of the Appropriations Eligibility
requirements of IDEA and its • Memorandum dated August 29, Topic Addressed: Charter Schools
implementing regulations, as well as 2000 to Governors and Chief State
School Officers regarding nonregulatory • Letter dated July 20, 2000 to
letters and other documents that the
guidance pertaining to Federal individual, (personally identifiable
Department believes will assist the
education programs, including section information redacted), regarding the
public in understanding the
611 of IDEA, with advance status of charter schools established as
requirements of the law and its
appropriations in fiscal year (FY) 2000. local educational agencies (LEAs) in the
regulations. The date and topic
District of Columbia, a jurisdiction that
addressed by a letter are identified, and Section 612—State Eligibility performs both State and local functions,
summary information is also provided,
Topic Addressed: Free Appropriate and the procedural safeguards available
as appropriate. To protect the privacy
Public Education to parents of children with disabilities
interests of the individual or individuals
who attend these charter schools.
involved, personally identifiable • Letter dated August 22, 2000 to
information has been deleted, as Illinois State Board of Education Special Section 615—Procedural Safeguards
appropriate. Education Director, Dr. Gordon M. Topic Addressed: Manifestation
Part A—General Provisions Riffel, regarding the availability of Determination Review
compensatory education services after
Section 602—Definitions the right to a free appropriate public • Letter dated July 25, 2000 to David
education (FAPE) has terminated. P. Osterhout clarifying the
Topic Addressed: Child With a circumstances that constitute a change
Disability Topic Addressed: Procedural Safeguards in placement that would trigger a
• Letter dated July 25, 2000 to • OSEP memorandum 00–20 dated manifestation determination review and
individual, (personally identifiable July 17, 2000 to Chief State School the use of positive behavioral
information redacted), regarding the Officers regarding State complaint interventions, strategies, and supports to
provision of appropriate instructional resolution procedures under Part B of address the needs of students with
methodologies, educational services, IDEA. behavioral issues.

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Federal Register / Vol. 66, No. 47 / Friday, March 9, 2001 / Notices 14293

Topic Addressed: Transfer of Rights Topic Addressed: Early Intervention Special Education regarding the State
Services Improvement Grant application process
• Letter dated July 20, 2000 to Kansas and procedures.
State Department of Education General • Letter dated August 16, 2000 to
Bureau of Indian Affairs Education Other Letters Relevant to the
Counsel, Rodney J. Bieker, regarding the
Specialist, Julie Goings, regarding the Administration of Idea Programs
circumstances under which a school
role and responsibilities of the Bureau
district can, without the consent of the of Indian Affairs, States and tribes in Topic Addressed: Disability Harassment
student to whom educational rights providing services to children with
have transferred, invite the student’s • Dear Colleague Letter dated July 25,
disabilities from birth to age five who
parents to an IEP meeting or disclose 2000 providing an overview of the
are members of the tribe.
information from the student’s existing legal and educational principles
educational records to the parents. Topic Addressed: Infant or Toddler related to disability harassment.
With a Disability
Topic Addressed: Student Discipline Electronic Access to This Document
• Letter dated September 25, 2000 to
• Letter dated August 3, 2000 to individual, (personally identifiable You may view this document, as well
Kansas State Department of Education information redacted), regarding the as all other Department of Education
General Counsel, Rodney J. Bieker, flexibility Part C provides States in documents published in the Federal
regarding calculating disciplinary defining the developmental delay Register, in text or Adobe Portable
removals of up to 10 school days in category of eligibility of infants and Document Format (PDF) on the Internet
toddlers with disabilities and in at either of the following sites:
determining whether a change in
establishing standards that exceed
placement has occurred. http://ocfo.ed.gov/fedreg.htm
Federal requirements.
• Letter dated August 11, 2000 to U.S. http://www.ed.gov/news.html
Representative J.D. Hayworth regarding Topic Addressed: Procedural Safeguards
• OSEP memorandum 00–21 dated To use PDF you must have Adobe
the options available to school
July 17, 2000 to Chief State School Acrobat Reader, which is available free
authorities in disciplining students with
Officers regarding guidance on State at either of the previous sites. If you
disabilities under IDEA, Part B and the
complaint resolution procedures under have questions about using PDF, call the
Americans with Disabilities Act and U.S. Government Printing Office (GPO),
whether parents of other students have Part C of IDEA.
toll free, at 1–800–293–6498; or in the
the right to be notified of incidents Topic Addressed: Federal Interagency Washington, DC, area at (202) 512–1530.
involving unusual or threatening Coordinating Council
behavior by students with disabilities Note: The official version of this document
• Letter dated August 11, 2000 is published in the Federal Register. Free
given the confidentiality requirements
regarding application of Section 644 of Internet access to the official edition of the
under IDEA, Part B and FERPA.
the IDEA and other Federal Federal Register and the Code of Federal
PART C—Infants and Toddlers with requirements to activities of the Federal Regulations is available on GPO Access at:
Disabilities Interagency Coordinating Council. http://www.access.gpo.gov/nara/
Sections 631–641 Part D—National Activities To Improve index.html
Education of Children With Disabilities (Catalog of Federal Domestic Assistance
Topic Addressed: Definitions Number 84.027, Assistance to States for
Subpart 1—State Program Improvement
Education of Children with Disabilities)
• Letter dated September 18, 2000 to Grants for Children With Disabilities
Illinois Department of Human Services Dated: March 5, 2001.
Section 653—Applications
Secretary, Linda Renee Baker, regarding Andrew J. Pepin,
the State’s inability to serve as a Topic Addressed: Information About Executive Administrator, Office of Special
‘‘parent’’ under the Part C regulatory State Program Improvement Grants Education and Rehabilitative Services.
definition for a child who is a ‘‘ward’’ • OSEP memorandum 00–25 dated [FR Doc. 01–5778 Filed 3–8–01; 8:45 am]
of the State. September 28, 2000 to State Directors of BILLING CODE 4000–01–P

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