Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 13109 

• Total number of migrant and 

seasonal farmworkers with disabilities 

served by the project who exited the 

project each reporting period without 

achieving an employment outcome. 

• Total number of migrant and 

seasonal farmworkers with disabilities 

served by the project who exited the 

project each reporting period without 

achieving an employment outcome but 

who transfer to another State. 

• Percentage of migrant and seasonal 

farmworkers with disabilities served by 

the project who achieved employment 

outcomes each reporting period 

(number of migrant and seasonal 

farmworkers with disabilities served by 

the project who achieved employment 

outcomes each reporting period divided 

by the number of migrant and seasonal 

farmworkers with disabilities who 

received services through the project 

that reporting period). 

• Total number of migrant and 

seasonal farmworkers with disabilities 

served by the project who remain 

employed three months after achieving 

an employment outcome. 

• Annual cost per participant who 

achieved an employment outcome 

(annual cost refers to the annual Federal 

funds awarded to the project divided by 

the actual number of migrant and 

seasonal farmworkers in the project who 

achieved employment outcomes that 

reporting period). 

Each grantee must annually report on 

these measures in its annual 

performance report. We require 

reporting of annual performance 

measures at the time of the continuation 

award processing to ensure that grantees 

report information for individuals 

served exclusively by their project. 

VII. Agency Contact 

For Further Information Contact: 

Sonja T. Turner, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 5089, PCP, Washington, DC 

20202–2800. Telephone: (202) 245–7557 

or by e-mail: sonja.turner@ed.gov. 

If you use a TDD, call the 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. 

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. 

Dated: March 15, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–5976 Filed 3–17–10; 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 

July 1, 2009 through September 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: (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 July 1, 

2009 through September 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 612—State Eligibility 

Topic Addressed: Children in Private 

Schools 

Æ Letter dated September 25, 2009 to 

Impartial Hearing Officer Sinai 

Halberstam, clarifying that the U.S. 

Supreme Court’s ruling in Forest Grove 

School District v. T.A., 129 S.Ct. 2484 

(2009) is consistent with the 

Department’s regulations governing 

children with disabilities enrolled in 

private schools by their parents. 

Topic Addressed: Participation in 

Assessments 

Æ Letter dated August 25, 2009 to 

individual (personally identifiable 

information redacted), regarding the use 

of a portfolio assessment as an alternate 

assessment. 

Æ Letter dated September 23, 2009 to 

Texas Education Agency General 

Counsel David Anderson, clarifying 

when students with disabilities 

incarcerated in State and local juvenile 

or adult correctional facilities must 

participate in Statewide assessments. 

Section 613—Local Educational Agency 

Eligibility 

Topic Addressed: Use of Federal Funds 

Æ Letter dated September 25, 2009 to 

Fiscal and Policy Advisor for Greater 

California Special Education Fiscal 

Support Alliance J. Sarge Kennedy, 

regarding the excess costs, supplement 

not supplant, and local educational 

agency (LEA) maintenance of effort 

requirements in Part B of the IDEA. 

Section 614—Evaluations, Eligibility 

Determinations, Individualized 

Education Programs, and Educational 

Placements 

Topic Addressed: Evaluations, Parental 

Consent, and Reevaluations 

Æ Letter dated August 24, 2009 to 

New York attorney Tara Moffett, 


sroberts on DSKD5P82C1PROD with NOTICES
13110 Federal Register / Vol. 75, No. 52 / Thursday, March 18, 2010 / Notices 

regarding whether a school district is 

required to conduct additional testing of 

a child with a disability in order for that 

child to receive accommodations on the 

Scholastic Aptitude Test (SAT) or 

American College Test (ACT). 

Topic Addressed: Revocation of Consent 

Æ Letter dated August 21, 2009 to 

Virginia Assistant Superintendent for 

Special Education and Student Services 

H. Douglas Cox, regarding what LEAs 

are required to do when parents, both of 

whom have legal authority to make 

educational decisions for their child, 

disagree on the revocation of consent for 

special education and related services. 

Topic Addressed: Individualized 

Education Programs 

Æ Letter dated August 21, 2009 to 

Maryland Assistant State 

Superintendent for the Division of 

Special Education/Early Intervention 

Services Carol Ann Heath, denying the 

request to waive the requirement for a 

measurable postsecondary goal in 

employment for students with 

disabilities who have severe medical 

conditions and developmental needs 

and denying the State’s request to 

exclude data on this population of 

students when reporting on the relevant 

State Performance Plan/Annual 

Performance Report indicator. 

Section 615—Procedural Safeguards 

Topic Addressed: Discipline Procedures 

Æ Letter dated August 21, 2009 to 

New Jersey attorney Rotimi Owoh, 

clarifying when a LEA is required to 

conduct a manifestation determination 

review prior to a short-term disciplinary 

removal of a child with a disability. 

Other Letters That Do Not Interpret Idea 

But May Be of Interest to Readers 

Topic Addressed: Seclusion and 

Restraints 

Æ Letter dated July 31, 2009 to Chief 

State School Officers from Secretary of 

Education Arne Duncan, encouraging 

schools to review and, if appropriate, 

revise their current policies and 

guidelines on the use of seclusion and 

restraints in schools to ensure that every 

student is safe and protected from 

unnecessary or inappropriate restraint 

or seclusion. 

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. 

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: March 12, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–5977 Filed 3–17–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Proposed Waivers for the 

Comprehensive Centers Program and 

Funding of Continuation Grants 

AGENCY: Office of Elementary and 

Secondary Education. 

ACTION: Notice. 

SUMMARY: The Secretary proposes to 

waive the requirements in 34 CFR 

75.250 and 75.261(c)(2) of the Education 

Department General Administrative 

Regulations (EDGAR) that, respectively, 

generally prohibit project periods 

exceeding five years and project period 

extensions involving the obligation of 

additional Federal funds. The proposed 

waivers would enable the 21 current 

eligible grantees under the 

Comprehensive Centers program to 

continue to receive Federal funding 

beyond the five-year limitation 

contained in 34 CFR 75.250. 

DATES: We must receive your comments 

on or before April 19, 2010. 

ADDRESSES: Address all comments about 

these proposed waivers to Frances 

Walter, U.S. Department of Education, 

400 Maryland Ave., SW., Room 3W113, 

Washington, DC 20202–2800. You may 

provide comments by e-mail addressed 

to fran.walter@ed.gov. You must include 

the term ‘‘Comprehensive Centers 

Program Waivers’’ in the subject line of 

your electronic message. 

FOR FURTHER INFORMATION CONTACT: 

Frances Walter. Telephone: (202) 205– 

9198 or via Internet: 

Fran.walter@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll-free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding this notice of proposed 

waivers. 

During and after the comment period, 

you may inspect all public comments 

about this notice of proposed waivers in 

Room 3W113, 400 Maryland Avenue, 

SW., Washington, DC, between the 

hours of 8:30 a.m. and 4:00 p.m., 

Washington, DC time, Monday through 

Friday of each week, except Federal 

holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed waivers. If 

you want to schedule an appointment 

for this type of aid, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Background 

Under the Comprehensive Centers 

program, the Department supports 

grants to operate regional technical 

assistance centers and national content 

centers as authorized by sections 203 

through 207 of the Educational 

Technical Assistance Act of 2002 

(ETAA) (20 U.S.C. 9602). The purpose 

of these centers is to provide technical 

assistance to States as States work to 

help local educational agencies (LEAs) 

and schools to close achievement gaps 

in core content areas and raise student 

achievement in schools, especially to 

help those in need of improvement (as 

defined by section 1116(b) of the 

Elementary and Secondary Act of 1965, 

as amended (ESEA)) in implementing 

the school improvement provisions 

under section 1116 of the ESEA. 

Eligible applicants for Comprehensive 

Center grants are research organizations, 

institutions, agencies, institutions of 

higher education, partnerships among 

such entities, or individuals, with the 

demonstrated ability or capacity to carry 

out the activities described in the notice 

inviting applications published in the 

Federal Register on June 3, 2005 (70 FR 

53283) and corrected on June 20, 2005 

(70 FR 35415). 

We do not believe it would be in the 

public interest to hold new 


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