24714 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Notices

DEPARTMENT OF EDUCATION

List of Correspondence—Office of

Special Education and Rehabilitative

Services

AGENCY: Department of Education.

ACTION: List of Correspondence from

June 4, 1997 through September 30,

1997.

SUMMARY: The Secretary is publishing

the following list pursuant to section

607(d) of the Individuals with

Disabilities Education Act (IDEA).

Under section 607(d) of IDEA, the

Secretary is required, on a quarterly

basis, to publish in the Federal Register

‘‘a list of correspondence from the

Department of Education received by

individuals during the previous quarter

that describes the interpretations of the

Department of Education of this Act or

the regulations implemented pursuant

to this Act.’’

FOR FURTHER INFORMATION CONTACT:

JoLeta Reynolds or Rhonda Weiss.

Telephone: (202) 205–5507. Individuals

who use a telecommunications device

for the deaf (TDD) may call (202) 205–

5465 or the Federal Information Relay

Service (FIRS) at 1–800–877–8339

between 8:00 a.m. and 8:00 p.m.,

Eastern time, Monday through Friday,

except Federal holidays.

Individuals with disabilities may

obtain a copy of this notice in an

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

audiotape, or computer diskette) on

request to Katie Mincey, Director of the

Alternate Formats Center. Telephone:

(202) 205–8113.

SUPPLEMENTARY INFORMATION: The

following list identifies correspondence

from the Department issued between

June 4, 1997, the effective date of the

Individuals with Disabilities Education

Act Amendments of 1997, Public Law

105–17 (IDEA Amendments of 1997),

and September 30, 1997.

Included on the list are those letters

that contain interpretations of the

requirements of IDEA and its

implementing regulations, as well as

letters that the Department believes will

assist the public in understanding the

requirements of the law and its

regulations. The date and topic

addressed by a 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 deleted, as

appropriate.

Part A—General Provisions

Section 602 Definitions

Topic Addressed: Educating Children

With Particular Disabilities

• Letter dated July 15, 1997 to an

individual, (personally identifiable

information redacted), regarding

students with deafness and hearing

impairments.

• Letter dated July 21, 1997 to an

individual, (personally identifiable

information redacted), regarding

requirements for evaluating students

suspected of having Attention Deficit

Disorder (ADD) and for serving eligible

students with ADD.

• Letter dated September 23, 1997 to

an individual, (personally identifiable

information redacted), regarding a

student who has cancer and has been

unable to attend school.

Section 607 Requirements For

Prescribing Regulations

Topic Addressed: Scope of

Department’s Responsibility To

Disseminate Reports Developed

Pursuant to Section 607(d) of IDEA

• Letter dated August 12, 1997 to Jed

Oliver, Austin, Texas.

Part B—Assistance for Education of All

Children With Disabilities

Section 612 State Eligibility

Topic Addressed: Free Appropriate

Public Education for Eligible Youth

With Disabilities Incarcerated in Adult

Prisons

• Letter dated June 30, 1997 to

Thomas M. Maddock, California

Department of Corrections.

• Letter dated September 4, 1997 to

State of California Governor Pete

Wilson, regarding responsibilities of all

States to serve this population.

• Letter dated September 12, 1997 to

Mr. Jack E. Shook, Illinois State Board

of Education, concerning a State’s

responsibility to resolve a complaint

filed under Part B of IDEA on behalf of

an incarcerated youth with a disability.

Topic Addressed: Interagency

Coordination and Role of State

Medicaid Agency: Confidentiality

Rights

• Letter dated July 22, 1997 to John T.

Benson, Superintendent, Wisconsin

Department of Public Instruction.

Topic Addressed: Personnel Standards

• Letter dated June 9, 1997 to Mr.

Joseph Fisher, Assistant Commissioner,

Tennessee Department of Education,

regarding the applicability of the public

participation provisions of IDEA–97 to a

proposal that modifies information

contained in a prior year’s Part B State

plan.

• Letter dated August 18, 1997 to

Kimberly K. McClanahan, Austin,

Texas, regarding State licensure for

school psychologists.

Topic Addressed: Participation of

Children With Disabilities in State and

District-Wide Assessments

• Dear Colleague letter dated

September 29, 1997, from Judith E.

Heumann, Assistant Secretary for the

Office of Special Education and

Rehabilitative Services, and Norma V.

Cantu, Assistant Secretary for the Office

for Civil Rights.

Section 614 Evaluations, Eligibility

Determinations, Individualized

Education Programs, and Educational

Placements

Topic Addressed: Evaluations

• Letter dated September 9, 1997 to

Dr. Dennis Clarkson, East Helena,

Montana, regarding criteria for

administration of standardized tests.

Section 615 Procedural Safeguards

Topic Addressed: Independent

Educational Evaluations

• Letter dated September 9, 1997 to

Jerri Katzerman and Kathleen Ross,

Phoenix, Arizona, regarding disclosure

to school district of the results of an

independent educational evaluation

without parental consent.

Topic Addressed: Authority of Due

Process Hearing Officers and State-Level

Review Officers

• Letter dated June 11, 1997 to Mike

Armstrong, Director, Division of

Exceptional Children’s Services,

Kentucky Department of Education,

regarding the authority of due process

hearing officers and State-level review

officers to impose financial penalties

and sanctions, to issue an order against

the State educational agency (SEA) even

if the SEA is not a party to the hearing,

and to determine what placement

constitutes a child’s current educational

placement when agreement cannot be

reached.

• Letter dated June 11, 1997 to Mr.

Richard Steinke, former Director of

Special Education, Maryland

Department of Education, and

• Letter dated June 11, 1997 to an

individual (personally identifiable

information redacted), regarding the

authority of due process hearing officers

to compel the attendance of witnesses.
Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Notices 24715

Topic Addressed: Pendency Placement

• Letter dated July 1, 1997 to Mr.

Howard Klebanoff, Fairfield,

Connecticut, regarding whether a school

district is required to maintain a

placement developed for a two-year-old

child with a disability under the Part H

program during the pendency of a due

process hearing conducted under Part B

of IDEA.

Topic Addressed: Suspensions of up To

Ten School Days

• Letter dated July 15, 1997 to U.S.

Congressman Robert C. Scott and Letter

dated September 4, 1997 to U.S. Senator

William Frist.

Electronic Access to This Document:

Anyone may view this document, as

well as all other Department of

Education documents published in the

Federal Register, in text or portable

document format (pdf) on the World

Wide Web at either of the following

sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the pdf you must have the

Adobe Acrobat Reader Program with

Search, which is available free at either

of the previous sites. If you have

questions about using the pdf, call the

U.S. Government Printing Office toll

free at 1–888–293–6498.

Anyone may also view these

documents in text copy only on an

electronic bulletin board of the

Department. Telephone: (202) 219–1511

or, toll free, 1–800–222–4922. The

documents are located under Option

G—Files/Announcements, Bulletins,

and Press Releases.

Note: The official version of a document is

the document published in the Federal

Register.

Dated: April 28, 1998.

(Catalog of Federal Domestic Assistance

Number 84.027, Assistance to States for

Education of Children with Disabilities)

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 98–11708 Filed 5–1–98; 8:45 am]

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