31818 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Notices

DEPARTMENT OF EDUCATION

Office of Special Education and

Rehabilitative Services; List of

Correspondence

AGENCY: Department of Education.

ACTION: List of correspondence from

January 2, 2001 through March 31, 2001.

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 IDEA or the

regulations that implement IDEA.

FOR FURTHER INFORMATION CONTACT:

Melisande Lee or JoLeta Reynolds.

Telephone: (202) 205–5507. If you use a

telecommunications device for the deaf

(TDD) you may call (202) 205–5465 or

the Federal Information Relay Service

(FIRS) at 1–800–877–8339.

Individuals with disabilities may

obtain a copy of this notice in an

alternative 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

January 2, 2001 through March 31, 2001.

Included on the list are 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 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 B—Assistance for Education of All

Children With Disabilities

Section 611—Authorization; Allotment;

Use of Funds; Authorization of

Appropriations

Topic Addressed: Use of Funds

• Letter dated March 13, 2001 to

Maine Commissioner of Education, J.

Duke Albanese, regarding whether a

unit that functions as a separate legal

entity from the Maine Department of

Education (MDE) should be included in

MDE’s Annual Single Audit.

• Letter dated February 13, 2001 to

Alaska Commissioner of Education,

Richard S. Cross, regarding a finding in

a Federal Fiscal Year (FFY) 1996 audit

report questioning the personal service

expenditures allocated to the Special

Education-Grants to States Federal

program.

Section 612—State Eligibility

Topic Addressed: Free Appropriate

Public Education

• Letter dated January 19, 2001

(personally identifiable information

redacted), regarding the obligation of

States and local school districts to

provide a free appropriate public

education (FAPE) and opportunities for

parent participation in a child’s

evaluation, eligibility, and educational

placement.

• Letter dated March 1, 2001

(personally identifiable information

redacted), regarding the extension of

compensatory education services

beyond age 21 awarded in settlement of

litigation, the complaint mechanisms

available under the IDEA, and the roles

of Federal and State agencies that

provide educational services.

• Letter dated March 30, 2001 to

School Board Attorney John W. Bowen,

regarding application of the

requirements of the IDEA and of section

504 of the Rehabilitation Act of 1973 to

Florida’s Opportunity Scholarship

Program legislation.

Topic Addressed: Child Find

• Letter dated March 30, 2001 to

Colorado Department of Education

Special Education Director, Dr. Lorrie

Harkness, regarding (1) the

responsibility to identify and evaluate

children with Attention Deficit

Disorder/Attention Deficit Hyperactivity

Disorder and (2) the definition of

‘‘educational records.’’

Topic Addressed: Procedural Safeguards

• Letter dated March 30, 2001

(personally identifiable information

redacted), clarifying that a State may

hold in abeyance those issues in a

complaint that are currently being

appealed in a judicial proceeding.

Topic Addressed: State Educational

Agency General Supervisory Authority

• Letter dated March 19, 2001 to

California Assistant Superintendent of

Public Instruction, Alice Parker,

regarding a State’s obligation to monitor

the compliance of local educational

agencies (LEAs), and to take action in

response to noncompliance.

• Letter dated March 30, 2001 to

Pennsylvania Bureau of Special

Education Director, Dr. Fran

Warkomski, regarding a State’s

responsibility to resolve complaints in a

way that provides individual relief and

addresses systemic problems.

Topic Addressed: Participation in

Assessments

• Letter dated January 19, 2001,

(personally identifiable information

redacted), regarding the use of a

calculator as an accommodation or

individual modification for the

participation of students with

disabilities in State and district-wide

assessments.

• OSEP memorandum 01–06 dated

January 17, 2001 providing guidance

selected for its relevance to parents and

families of students with disabilities

about the participation of these students

in State and district-wide assessments.

• Memorandum dated January 12,

2001 regarding the role and authority of

the Individualized Education Program

(IEP) team in the participation of

children with disabilities in State and

district-wide assessments of student

achievement for children with

disabilities.

Section 613—Local Educational Agency

Eligibility

Topic Addressed: Schoolwide Programs

• Letter dated January 12, 2001,

regarding the inclusion of students with

disabilities in schoolwide reform efforts,

and advising LEAs that a portion of

IDEA Part B funds can be combined

with funds from Title I of the

Elementary and Secondary Education

Act of 1965 and with other Federal,

State and local funds to carry out

schoolwide programs that include

children with disabilities, as long as

students with disabilities receive

services in accordance with a properly

developed IEP and are afforded all of

the rights and services guaranteed to

children with disabilities under IDEA.

Part C—Infants and Toddlers with

Disabilities

Sections 631–641

Topic Addressed: Federal Interagency

Coordinating Council

• Letter dated January 2, 2001

regarding principles of family

involvement and suggested standards of

practice developed by the Federal

Interagency Coordinating Council

(FICC) to encourage meaningful

involvement of family members at all

levels of policy and service delivery

planning.

Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Notices 31819

• Letter dated January 17, 2001 to

TRICARE Management Activity

Executive Director, H. James T. Sears,

regarding the FICC’s development of a

service guide, TRICARE and IDEA Part

C: A Guide to Services, that addresses

the interface between TRICARE, the

Department of Defense’s military health

system, and Part C of IDEA.

Other Letters Relevant To the

Administration of IDEA Programs

Topic Addressed: Freedom of

Information Act

• Letter dated March 27, 2001 to

individual, (personally identifiable

information redacted), regarding factors

that are considered in determining

whether fees can be waived under the

Freedom of Information Act (FOIA).

Miscellaneous

Topic Addressed: Multiple Chemical

Sensitivity

• Letter dated January 8, 2001

transmitting information to school

personnel, parents, and other interested

individuals regarding Multiple

Chemical Sensitivity (MCS).

Electronic Access to This Document

You may 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/legislation/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–

800–293–6498; or in the Washington,

DC, area at (202) 512–1530.

Note: The official version of this document

is 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.access.gpo.gov/nara/index.html

(Catalog of Federal Domestic Assistance

Number 84.027, Assistance to States for

Education of Children with Disabilities)

Dated: June 6, 2001.

Francis V. Corrigan,

Deputy Director, National Institute on

Disability and Rehabilitation Research.

[FR Doc. 01–14676 Filed 6–11–01; 8:45 am]

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