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
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 45845 

regarding whether funds reserved for 

State-level activities under Part B of the 

IDEA can be used in conjunction with 

other State and Federal funds to provide 

technical assistance to schools and local 

educational agencies (LEAs) identified 

for correction or improvement under the 

Elementary and Secondary Education 

Act of 1965, as amended by the No 

Child Left Behind Act of 2001. 

Topic Addressed: Subgrants to Local 

Educational Agencies 

Æ Letter dated February 13, 2009 to 

District of Columbia Attorney Leigh M. 

Manasevit, regarding how population 

and poverty payments are calculated for 

a State School for the Blind and a State 

Department of Juvenile Services that 

have established their eligibility under 

Part B of the IDEA. 

Æ Letter dated February 4, 2009 to 

Minnesota Department of Education 

Supervisor of the Division of Program 

Finance Carol Hokenson, clarifying how 

the requirements for State educational 

agencies to allocate funds under Part B 

of the IDEA to eligible LEAs apply to 

cooperatives and member districts in 

Minnesota. 

Section 612—State Eligibility 

Topic Addressed: Children in Private 

Schools 

Æ Letter dated March 26, 2009 to 

Missouri Attorney Teri B. Goldman, 

clarifying the requirements in Part B of 

the IDEA that apply when a parent reenrolls their parentally-placed private 

school or home-schooled child with a 

disability in a public school. 

Æ Letter dated January 28, 2009 to 

Maryland Attorney Michael J. Eig, 

clarifying that the LEA of the parent’s 

residence, not the LEA where the 

private school the child attends is 

located, is responsible for conducting an 

evaluation for purposes of making a free 

appropriate public education available 

to a child who did not previously 

receive special education services from 

the LEA of residence and is parentallyplaced in a private school located in 

another LEA. 

Topic Addressed: Least Restrictive 

Environment 

Æ Letter dated March 30, 2009 to 

individual (personally identifiable 

information redacted), concerning the 

requirements for a continuum of 

alternative placements and clarifying 

that the least restrictive environment 

requirements in Part B of the IDEA are 

applicable to children with disabilities 

who attend public charter schools. 

Section 615—Procedural Safeguards 

Topic Addressed: Impartial Due Process 

Hearings 

Æ Letter dated January 15, 2009 to 

Massachusetts Commissioner of 

Education Mitchell D. Chester, 

concerning the requirements in Part B of 

the IDEA for impartial due process 

hearing officers and mediators. 

Part C—Infants and Toddlers With 

Disabilities 

Section 641—State Interagency 

Coordinating Council 

Topic Addressed: Composition 

Æ Letter dated January 28, 2009 to 

Rhode Island State Interagency 

Coordinating Council (SICC) 

Chairperson Dawn Wardyga, concerning 

parent membership on the SICC. 

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. E9–21434 Filed 9–3–09; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8597–1] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental 

Review Process (ERP), under section 

309 of the Clean Air Act and section 

102(2)(c) of the National Environmental 

Policy Act as amended. Requests for 

copies of EPA comments can be directed 

to the Office of Federal Activities at 

202–564–7146. 

An explanation of the ratings assigned 

to draft environmental impact 

statements (EISs) was published in FR 

dated July 17, 2009 (74 FR 34754). 

Draft EISs 

EIS No. 20090221, ERP No. D–AFS– 

F65076–WI, Northwest Sands 

Restoration Project, Restoring the Pine 

Barren Ecosystem, Implementation, 

Washburn District Ranger, 

Chequamegon-Nicolet National 

Forest, Bayfield County, WI. 

Summary: EPA does not object to the 

proposed project. Rating LO. 

EIS No. 20090222, ERP No. D–AFS– 

G65109–NM, Rinconada 

Communication Site, Designation of 

Site to Serve Present and Future High 

Power Communication Needs and to 

Permit the Development of a Radio 

Transmission Facility within Site, Mt. 

Taylor Ranger District, Cibola 

National Forest, Cibola County, NM. 

Summary: EPA does not object to the 

proposed action. Rating LO. 

EIS No. 20090226, ERP No. D–FHW– 

K40272–CA, 6th Street Viaduct 

Seismic Improvement Project, 

Retrofitting or Demolition and 

Replacement of the Existing Viaduct 

over the Los Angeles river between 

Mateo and Mill Streets, Los Angeles 

County, CA. 

Summary: EPA expressed 

environmental concerns about impacts 

to aquatic resources, air quality/ 

construction mitigation, and 

environmental justice issues. EPA also 

requested additional cumulative 

impacts analysis. Rating EC2. 

Final EISs 

EIS No. 20090251, ERP No. F–NPS– 

C61012–NY, Fort Stanwix National 

Monument General Management Plan, 

Implementation, Funding, City of 

Rome, Oneida County, NY. 

Summary: No formal comment letter 

was sent to the preparing agency. 


srobinson on DSKHWCL6B1PROD with NOTICES