Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 45843 

of Education, 400 Maryland Avenue, 

SW., room 4091, Potomac Center Plaza 

(PCP), Washington, DC 20202–2550. 

Telephone: (202) 245–7506. 

If you use a TDD, call the Federal 

Relay Service (FRS), toll free, at 1–800– 

877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., Braille, large 

print, audiotape, or computer diskette) 

by contacting the Grants and Contracts 

Services Team, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5075, PCP, Washington, DC 

20202–2550. Telephone: (202) 245– 

7363. If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

Electronic Access to this Document: 

You can view this document, as well as 

all other documents of this Department 

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. 

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. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Andrew J. Pepin, Executive 

Administrator for the Office of Special 

Education and Rehabilitative Services to 

perform the functions of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

Dated: August 31, 2009. 

Andrew J. Pepin, 

Executive Administrator for Special 

Education and Rehabilitative Services. 

[FR Doc. E9–21436 Filed 9–3–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; List of 

Correspondence 

AGENCY: Department of Education. 

ACTION: List of Correspondence from 

October 1, 2008 through December 31, 

2008. 

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: (202) 245–7468. 

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 October 1, 2008 through 

December 31, 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 A—General Provisions 

Section 602—Definitions 

Topic Addressed: Highly Qualified 

Æ Letter dated December 15, 2008 to 

National Association of Private Special 

Education Centers Executive Director 

and CEO Sherry Kolbe, concerning 

requirements for highly qualified 

special education teachers and 

assessments of children with 

disabilities. 

Part B—Assistance for Education of All 

Children With Disabilities 

Section 611—Authorization; Allotment; 

State-Level Activities; Authorization of 

Appropriations 

Topic Addressed: State-Level Activities 

Æ Letter dated December 11, 2008 to 

Louisiana State Department of 

Education Acting Director of Division of 

Educational Improvement and 

Assistance Susan W. Batson, concerning 

the use of funds reserved for State-level 

activities for professional development 

to implement Louisiana’s Positive 

Behavior Supports Initiative. 

Section 613—Local Educational Agency 

Eligibility 

Topic Addressed: Use of Funds 

Æ Letter dated October 31, 2008 to 

Fiscal and Policy Advisor for Rural and 

Sparsely Populated Consortium of 

California James Kennedy, concerning 

the excess cost and supplement-notsupplant requirements in Part B of the 

IDEA that apply to local educational 

agencies (LEAs). 

Topic Addressed: Early Intervening 

Services 

Æ Office of Special Education 

Programs (OSEP) Memorandum 08–09, 

dated July 28, 2008 to Chief State 

School Officers, entitled Coordinated 

Early Intervening Services Under Part B 

of the Individuals with Disabilities 

Education Act. 

Section 614—Evaluations, Eligibility 

Determinations, Individualized 

Education Programs, and Educational 

Placements 

Topic Addressed: Parental Consent 

Æ Letter dated November 17, 2008 to 

Harrisburg, Pennsylvania attorney 

Jeffrey F. Champagne, clarifying the 

parental consent requirements in Part B 

of the IDEA that apply when children 

with disabilities receive special 

education and related services in 

preschool from an intermediate 

educational unit and subsequently 

receive special education and related 

services in kindergarten from a school 

district. 

Section 615—Procedural Safeguards 

Topic Addressed: Due Process 

Complaints 

Æ Letter dated October 30, 2008 to 

Maryland Assistant State 

Superintendent for the Division of 

Special Education/Early Intervention 

Services Carol Ann Baglin, clarifying 

that an LEA may not require a 

confidentiality agreement as a 


srobinson on DSKHWCL6B1PROD with NOTICES
45844 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 

precondition to holding a resolution 

meeting. 

Æ Letter dated December 11, 2008 to 

individuals (personally identifiable 

information redacted), clarifying when a 

parent or an LEA may file a due process 

complaint regarding an individualized 

education program (IEP) that is not the 

child’s most recent IEP. 

Topic Addressed: Independent 

Educational Evaluations 

Æ Letter dated December 11, 2008 to 

Lehigh University Professor Perry A. 

Zirkel, clarifying when a parent of a 

child suspected of having a specific 

learning disability has the right to an 

independent educational evaluation at 

public expense under Part B of the 

IDEA. 

Section 616—Monitoring, Technical 

Assistance, and Enforcement 

Topic Addressed: Correction Of 

Noncompliance 

Æ OSEP Memorandum 09–02 dated 

October 17, 2008 to Chief State School 

Officers, entitled Reporting on 

Correction of Noncompliance in the 

Annual Performance Report Required 

under Sections 616 and 642 of the 

Individuals with Disabilities Education 

Act. 

Æ Letter dated October 31, 2008 to 

Mountain Plains Regional Resource 

Center Director John Copenhaver, 

clarifying the Department’s authority to 

require States to ensure that their LEAs 

correct all identified noncompliance 

with the requirements of the IDEA. 

Section 618—Program Information 

Topic Addressed: Significant 

Disproportionality 

Æ Letter dated November 4, 2008 to 

Montana Office of Public Instruction 

Department of Special Education 

Services Assistant Superintendent 

Robert Runkel, concerning methods for 

the collection and examination of data 

in making determinations of significant 

disproportionality under Part B of the 

IDEA. 

Part D—National Activities To Improve 

Education of Children With Disabilities 

Section 674—Technology Development, 

Demonstration, and Utilization; Media 

Services; and Instructional Materials 

Topic Addressed: National Instructional 

Materials Access Center 

Æ Letter dated November 14, 2008 to 

American Printing House for the Blind, 

Inc. President Dr. Tuck Tinsley, 

concerning the National Instructional 

Materials Access Center’s (NIMAC) 

eligibility requirements for authorized 

users of NIMAC’s database. 

Other Letters That Do Not Interpret the 

Idea But May Be of Interest to Readers 

Topic Addressed: Report Cards and 

Transcripts 

Æ Dear Colleague Letter dated October 

17, 2008 from former Assistant 

Secretary of the Department’s Office for 

Civil Rights Stephanie J. Monroe, 

concerning whether information about 

students’ disabilities and receipt of 

special education and related services 

may be disclosed on report cards and 

transcripts. 

Topic Addressed: Family Educational 

Rights and Privacy Act 

Æ Dear Colleague letter dated 

December 17, 2008 from former Deputy 

Secretary Raymond Simon, providing a 

brief summary of the final regulations 

for the Family Educational Rights and 

Privacy Act that were published in the 

Federal Register on December 9, 2008 

(73 FR 74806). 

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 (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: August 31, 2009. 

Andrew J. Pepin, 

Executive Administrator for Special 

Education and Rehabilitative Services. 

[FR Doc. E9–21437 Filed 9–3–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; List of 

Correspondence 

AGENCY: Department of Education. 

ACTION: List of Correspondence from 

January 1, 2009 through March 31, 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: (202) 245–7468. 

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 

January 1, 2009 through March 31, 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: State-Level Activities 

Æ Letter dated January 15, 2009 to 

Ohio Department of Education Chief 

Counsel Matthew J. DeTemple, 


srobinson on DSKHWCL6B1PROD with NOTICES