[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31532-31534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14532]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


List of Correspondence From July 1, 2016, Through March 31, 2018

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list of 
correspondence from the U.S. Department of Education (Department) 
received by individuals during the third and fourth quarters of 2016, 
all quarters of 2017, and the first quarter of 2018. The correspondence 
describes the Department's interpretations of the Individuals with 
Disabilities Education Act (IDEA) or the regulations that implement 
IDEA. This list and the letters or other documents described in this 
list, with personally identifiable information redacted, as 
appropriate, can be found at: www2.ed.gov/policy/speced/guid/idea/index.html.

FOR FURTHER INFORMATION CONTACT: Jessica Spataro, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5111, Potomac Center Plaza, 
Washington, DC 20202-2500. Telephone: (202) 245-6493.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you can call the Federal Relay Service (FRS), toll 
free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of this list and 
the letters or other documents described in this list in an accessible 
format (e.g., braille, large print, audiotape, or compact disc) by 
contacting Jessica Spataro at (202) 245-6493.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
for seven calendar quarters, July 1, 2016, through March 31, 2018. 
Under section 607(f) of IDEA, the Secretary is required to publish this 
list quarterly in the Federal Register. The list includes those letters 
that contain interpretations of the requirements of 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. The list identifies the date and topic of each 
letter and provides summary information, as appropriate. To protect the 
privacy interests of the individual or individuals involved, personally 
identifiable information has been redacted, as appropriate.

[[Page 31533]]

2016--Third Quarter Letters

Part B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Dear Colleague Letter dated August 1, 2016, clarifying that 
behavioral supports are an essential element to receiving a free 
appropriate public education.
    [cir] Dear Colleague Letter dated August 5, 2016, clarifying the 
requirements of IDEA in the context of virtual schools.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Use of Federal Funds
    [cir] Letter dated August 23, 2016, to Maryland Special Needs 
Advocacy Project Coordinator, Martha Goodman, regarding the calculation 
of the proportionate share of IDEA funds that must be used by a local 
educational agency (LEA) to provide special education and related 
services to parentally placed private school children with 
disabilities.

Section 615--Procedural Safeguards

Topic Addressed: Impartial Due Process Hearings
    [cir] Letter dated August 4, 2016, to Maryland attorney Michael 
Eig, regarding a parent's right to open a due process hearing to the 
public.

Part C--Infants and Toddlers With Disabilities

Section 635--Requirements for Statewide System

Topic Addressed: Implementation of a Statewide System
    [cir] Letter dated August 18, 2016, to New York attorney Regina 
Skyer, regarding multidisciplinary evaluations, eligibility, and 
screening procedures under Part C of IDEA.

Other Letters That Do Not Interpret Idea But May Be of Interest to 
Readers

    [cir] Dear Colleague Letter dated July 26, 2016, from the Office of 
Civil Rights (OCR) clarifying the obligation of schools to provide 
students with attention-deficit/hyperactivity disorder with equal 
educational opportunity under section 504 of the Rehabilitation Act of 
1973.

2016--Fourth Quarter Letters

Part B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: State Advisory Panel
    [cir] Letter dated December 27, 2016, to Technical Assistance for 
Excellence in Special Education, Executive Director John Copenhaver, 
clarifying requirements regarding the State Advisory Panel.
Topic Addressed: Children in Private Schools
    [cir] Letter dated December 27, 2016, to Massachusetts special 
education activist Ellen Chambers, clarifying the requirements for when 
an LEA must provide transportation services to parentally placed 
private school children with disabilities.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Charter Schools
    [cir] Dear Colleague Letter dated December 28, 2016, issued by 
OSERS and OCR providing guidance in the form of Frequently Asked 
Questions about the rights of students with disabilities in public 
charter schools.

Section 615--Procedural Safeguards

Topic Addressed: Independent Educational Evaluation
    [cir] Letter dated October 22, 2016, to Texas law clerk Jennifer 
Carroll, clarifying the requirements regarding when a school district 
must provide an independent educational evaluation.
Topic Addressed: Notice to Parents
    [cir] Letter dated December 27, 2016, to Florida attorney Rochelle 
Marcus, regarding whether IDEA obligates a school district to 
correspond with a parent's attorney.

2017--First Quarter Letters

Part B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Least Restrictive Environment
    [cir] Dear Colleague Letter dated January 9, 2017, reaffirming the 
Department's commitment to inclusive preschool education programs for 
children with disabilities and reiterating that the least restrictive 
environment requirements of IDEA apply to the placement of preschool 
children with disabilities.
Topic Addressed: Confidentiality of Education Records
    [cir] Letter dated February 27, 2017, to Sonoran Schools Inc., 
Chief Compliance Officer, Patrick Zacchini, clarifying when and how 
parents must be notified before records containing personally 
identifiable information are destroyed under Part B of IDEA.

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

Topic Addressed: Individualized Education Programs
    [cir] Letter dated January 18, 2017, to Wisconsin Disability Policy 
Partnership, Public Policy Director, Lisa Pugh, regarding progress 
reporting on postsecondary goals for transition-aged children with 
disabilities.
    [cir] Letter dated February 27, 2017, to [personally identifiable 
information redacted], regarding the annual update of postsecondary 
goals and transition services.

Section 615--Procedural Safeguards

Topic Addressed: Appeal
    [cir] Letter dated January 2, 2017, to [personally identifiable 
information redacted], regarding whether a parent may file a due 
process complaint against a State educational agency.
Topic Addressed: Impartial Due Process Hearings
    [cir] Letter dated February 27, 2017, to [personally identifiable 
information redacted], regarding record retention requirements, 
specifically the applicable Federal time period for which an SEA must 
retain, and make available to the general public, findings and 
decisions issued in due process hearings and State-level reviews 
conducted pursuant to IDEA.

2017--Second Quarter--No Letters

2017--Third Quarter Letter

Part B--Assistance for Education of All Children With Disabilities

Section 612--State Eligibility

Topic Addressed: Children in Private Schools
    [cir] Letter dated September 8, 2017, to Archdiocese of Washington, 
Director for Government and Grant Programs, Brian Radziwill, clarifying 
certain provisions in Part B of IDEA that pertain to children with 
disabilities enrolled by their parents in private schools.

[[Page 31534]]

2017--Fourth Quarter--No Letters

2018--First Quarter--No Letters

    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other 
documents of this Department published in the Federal Register, in text 
or Portable Document Format (PDF). To use PDF you must have Adobe 
Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: July 2, 2018.
Johnny W. Collett,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2018-14532 Filed 7-5-18; 8:45 am]
 BILLING CODE 4000-01-P