55788 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; List of 

Correspondence 

AGENCY: Department of Education. 

ACTION: List of Correspondence from 

January 1, 2010 through March 31, 2010. 

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, 2010 through March 31, 2010. 

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 7, 2010 to 

Arizona Department of Education 

Deputy Associate Superintendent for 

Exceptional Student Services Collette E. 

Chapman, about (1) a State’s billing for 

indirect costs for IDEA American 

Recovery and Reinvestment Act of 2009 

(ARRA) funds retained at the State level 

and (2) adjustments to the statutory caps 

on State administration under the IDEA 

and Title I of the Elementary and 

Secondary Education Act of 1965, as 

amended, that help defray the costs of 

data collection associated with the 

ARRA. 

Section 612—State Eligibility 

Topic Addressed: Personnel 

Qualifications 

Æ Letter dated January 27, 2010 to 

New Jersey Speech-Language-Hearing 

Association School Affairs Chair Sue A. 

Goldman, clarifying that the IDEA does 

not permit States to obtain a waiver of 

State-approved certification 

requirements for related services 

providers who currently do not meet 

State certification requirements but does 

permit States to use alternate 

certification routes for such personnel. 

Topic Addressed: Maintenance of State 

Financial Support 

Æ Letter dated February 12, 2010 to 

the American Association of School 

Administrators Deputy Executive 

Director Bruce Hunter, clarifying that 

State Fiscal Stabilization Funds under 

the ARRA may be used, under certain 

circumstances, to meet Part B of the 

IDEA State and local maintenance of 

effort requirements. 

Section 614—Evaluations, Eligibility 

Determinations, Individualized 

Education Programs, and Educational 

Placements 

Topic Addressed: Evaluation 

Procedures 

Æ Letter dated January 13, 2010 to an 

individual (personally identifiable 

information redacted) regarding 

students with high cognition who also 

require special education and related 

services under the IDEA. 

Topic Addressed: Individualized 

Education Programs (IEPs) 

Æ Letter dated January 7, 2010 to 

Texas attorney Nona Matthews, 

regarding the requirement to include in 

a child’s IEP information on the 

frequency, duration, and location of the 

special education and related services 

provided to the child. 

Æ Letter dated January 7, 2010 to 

educational advocate Dorothy M. 

Richards, regarding the role of a public 

agency representative on the IEP Team. 

Æ Letter dated February 12, 2010 to 

Alabama attorney James Irby, regarding 

how an IEP Team could ensure that 

students with disabilities who need 

additional reading instruction are not 

prevented from participating in 

mandatory physical education 

instruction. 

Section 615—Procedural Safeguards 

Topic Addressed: Independent 

Educational Evaluations 

Æ Letter dated January 4, 2010 to 

individuals (personally identifiable 

information redacted) regarding whether 

a public agency’s procedures relating to 

a parent’s right to obtain an 

independent educational evaluation at 

public expense are consistent with the 

IDEA. 

Topic Addressed: Impartial Due Process 

Hearing 

Æ Letter dated February 2, 2010 to 

Miami-Dade County Public Schools 

Assistant Attorney Mary C. Lawson, 

clarifying that a local educational 

agency may not bring an attorney to a 

resolution meeting if a parent brings an 

advocate or other qualified 

representative to the meeting, in lieu of 

an attorney. 

Æ Letter dated February 12, 2010 to 

Alabama attorney James Irby, regarding 

parent participation at resolution 

meetings. 

Part C—Infants and Toddlers With 

Disabilities 

Section 636—Individualized Family 

Service Plan 

Æ Letter dated February 12, 2010 to 

Florida Department of Health Early 

Steps Bureau Chief Janice M. Kane, 

clarifying the relationship of peerreviewed research to the frequency and 

intensity of the early intervention 

services to be included in an infant’s or 

toddler’s individualized family service 

plan. 

Other Letters That Do Not Interpret Idea 

But May Be of Interest to Readers 

Topic Addressed: Seclusion and 

Restraints 

Æ Letter dated January 26, 2010 to 

National Leadership Consortium on 

Developmental Disabilities 

representative Nancy R. Weiss, 

regarding the use of seclusion and 

restraints and other aversive behavioral 

interventions in schools. 

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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 55789 

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: September 7, 2010. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2010–22882 Filed 9–13–10; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Advisory Commission on Accessible 

Instructional Materials in 

Postsecondary Education for Students 

With Disabilities 

AGENCY: U.S. Department of Education, 

Office of Special Education and 

Rehabilitative Services, Advisory 

Commission on Accessible Instructional 

Materials in Postsecondary Education 

for Students with Disabilities. 

ACTION: Notice of a Partially Closed 

Meeting. 

SUMMARY: The notice sets forth the 

schedule and agenda of the meeting of 

the Advisory Commission on Accessible 

Instructional Materials in Postsecondary 

Education for Students with Disabilities. 

The notice also describes the functions 

of the Commission. Notice of the 

meeting is required by section 10(a)(2) 

of the Federal Advisory Committee Act 

and is intended to notify the public of 

its opportunity to attend. 

DATES: September 27–28, 2010. 

TIME: September 27, 2010: 8 a.m.–4:30 

p.m. The Commission will meet in 

closed session between the hours of 1:30 

p.m. and 3 p.m.; September 28, 2010: 8 

a.m.–4 p.m. 

ADDRESSES: The Commission will meet 

at the Office of Special Education and 

Rehabilitative Services, United States 

Department of Education, Potomac 

Center Plaza, 10th Floor Auditorium, 

550 12th Street, SW., Washington, DC 

20202. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Shook, Program Specialist, 

Office of Special Education and 

Rehabilitative Services, United States 

Department of Education, 550 12th 

Street, SW., Washington, DC 20202; 

telephone: (202) 245–7642, fax: 202– 

245–7638. 

SUPPLEMENTARY INFORMATION: The 

Advisory Commission on Accessible 

Instructional Materials in Postsecondary 

Education for Students with Disabilities 

(the Commission) is established under 

Section 772 of the Higher Education 

Opportunity Act, Public Law 110–315, 

dated August 14, 2008. The Commission 

is established to (a) conduct a 

comprehensive study, which will—(I) 

Assess the barriers and systemic issues 

that may affect, and technical solutions 

available that may improve, the timely 

delivery and quality of accessible 

instructional materials for 

postsecondary students with print 

disabilities, as well as the effective use 

of such materials by faculty and staff; 

and (II) make recommendations related 

to the development of a comprehensive 

approach to improve the opportunities 

for postsecondary students with print 

disabilities to access instructional 

materials in specialized formats in a 

time frame comparable to the 

availability of instructional materials for 

postsecondary nondisabled students. 

In making recommendations for the 

study, the Commission shall consider— 

(I) How students with print disabilities 

may obtain instructional materials in 

accessible formats within a time frame 

comparable to the availability of 

instructional materials for nondisabled 

students; and to the maximum extent 

practicable, at costs comparable to the 

costs of such materials for nondisabled 

students; (II) the feasibility and 

technical parameters of establishing 

standardized electronic file formats, 

such as the National Instructional 

Materials Accessibility Standard as 

defined in Section 674(e)(3) of the 

Individuals with Disabilities Education 

Act, to be provided by publishers of 

instructional materials to producers of 

materials in specialized formats, 

institutions of higher education, and 

eligible students; (III) the feasibility of 

establishing a national clearinghouse, 

repository, or file-sharing network for 

electronic files in specialized formats 

and files used in producing 

instructional materials in specialized 

formats, and a list of possible entities 

qualified to administer such 

clearinghouse, repository, or network; 

(IV) the feasibility of establishing 

market-based solutions involving 

collaborations among publishers of 

instructional materials, producers of 

materials in specialized formats, and 

institutions of higher education; (V) 

solutions utilizing universal design; and 

(VI) solutions for low-incidence, highcost requests for instructional materials 

in specialized formats. 

The purpose of the meeting is to 

swear in the members of the 

Commission, provide the members with 

ethics and other administrative training, 

and elect a Chair and Vice-Chair of the 

Commission. In addition, the 

Commission, at the direction of the 

Chair and Vice-Chair, will meet to 

discuss their plans to complete the 

study within the one-year framework 

provided by Congress. On September 

27, the Commission will meet in closed 

session from 1:30 p.m. to 3 p.m. to 

discuss the qualifications of members to 

serve as Chair and Vice-Chair. These 

discussions pertain solely to internal 

personnel rules and practices of an 

agency and will disclose information of 

a personal nature where disclosure 

would constitute an unwarranted 

invasion of personal privacy. As such, 

the discussions are protected by 

exemptions 2 and 6 of section 552b(c) 

of Title 5 U.S.C. This notice is appearing 

in the Federal Register less than 15 days 

before the meeting due to efforts to 

schedule the meeting before the end of 

the fiscal year. 

Detailed minutes of the meeting, 

including summaries of the activities of 

the closed sessions and related matters 

that are informative to the public and 

consistent with the policy of section 5 

U.S.C. 552b(c), will be available to the 

public within 14 days of the meeting. 

Records are kept of all Commission 

proceedings and are available for public 

inspection at the Office of Special 

Education and Rehabilitative Services, 

United States Department of Education, 

550 12th Street, SW., Washington, DC 

20202, Monday–Friday during the hours 

of 8 a.m. to 4:30 p.m. 

Additional Information 

Individuals who will need 

accommodations for a disability in order 

to attend the meeting (e.g., interpreting 

services, assistive listening devices, or 

material in alternative format) should 

notify Elizabeth Shook at (202) 245– 

7642, no later than September 20, 2010. 

We will make every attempt to meet 

requests for accommodations after this 

date, but cannot guarantee their 

availability. The meeting site is 

accessible to individuals with 

disabilities. 

Electronic Access to this Document: 

You may 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/index.html. To use PDF you 


jlentini on DSKJ8SOYB1PROD with NOTICES