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Federal Register
/Vol. 63, No. 168/Monday, August, 31 1998/Notices
DEPARTMENT OF EDUCATIONList of Correspondence—Office ofSpecial Education and RehabilitativeServices
AGENCY
:
Department of Education.
ACTION
:
List of correspondence fromOctober 1, 1997 through December 31,1997.
SUMMARY
:
The Secretary is publishingthe following list pursuant to section607(d) of the Individuals withDisabilities Education Act (IDEA).Under section 607(d) of IDEA, theSecretary is required, on a quarterlybasis, to publish in the
Federal Register
‘‘a list of correspondence from theDepartment of Education received byindividuals during the previous quarterthat describes the interpretations of theDepartment of Education of this Act orthe regulations implemented pursuantto this Act.’’
FOR FURTHER INFORMATION CONTACT
:
JoLeta Reynolds or Rhonda Weiss.Telephone: (202) 205–5507. Individualswho use a telecommunications devicefor the deaf (TDD) may call (202) 205–5465 or the Federal Information RelayService (FIRS) at 1–800–877–8339between 8:00 a.m. and 8:00 p.m.,Eastern time, Monday through Friday,except Federal holidays.Individuals with disabilities mayobtain a copy of this notice in analternate format (e.g., Braille, large print,audiotape, or computer diskette) onrequest to Katie Mincey, Director of theAlternate Formats Center. Telephone:(202) 205–8113.
SUPPLEMENTARY INFORMATION
:
Thefollowing list identifies correspondencefrom the Department issued betweenOctober 1, 1997 and December 31, 1997.Included on the list are those lettersthat contain interpretations of therequirements of IDEA and itsimplementing regulations, as well asletters that the Department believes willassist the public in understanding therequirements of the law and itsregulations. The date and topicaddressed by a letter are identified, andsummary information is also provided,as appropriate. To protect the privacyinterests of the individual or individualsinvolved, personally identifiableinformation has been deleted, asappropriate.
Part B—Assistance for Education of allChildren with Disabilities Section 612State Eligibility
Topic Addressed: Free AppropriatePublic Education
•
Letter dated October 3, 1997 to anindividual, (personally identifiableinformation redacted), regardingpossible eligibility for special educationand related services under Part B of IDEA for children ineligible forSupplemental Security Income benefits.
•
Letter dated October 7, 1997 to Ms.Joann Biondi, Berkeley Unified SchoolDistrict, Berkeley, California, regardingwhich school district is responsible foreducating a child with a disabilitywhose parents are divorced.
Topic Addressed: Free AppropriatePublic Education for Eligible YouthWith Disabilities Incarcerated in Adult Prisons
•
Letters dated November 6, 1997 toMr. Russell Shaddix, Eureka CitySchools, Eureka, California; Mr. RichardD. Teagarden and Mr. Dan Halcomb,Yuba County Office of Education,Marysville, California; and Mr. GeorgeGalaza, Warden, California State Prison,Corcoran, California, regardingflexibility afforded to States in meetingtheir obligations to provide a freeappropriate public education to thispopulation of disabled students.
Topic Addressed: Least Restrictive Environment
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Letter dated October 3, 1997 toSister Mary Ramona, Felician School forExceptional Children, Inc., Lodi, NewJersey, regarding the continuum of alternative placements.
•
Letter dated October 22, 1997 to Mr.Donald C. Buell, Hinsdale TownshipHigh School District No. 86, Oak Brook,Illinois, regarding absence of Part Bdefinitions of terms ‘‘regular classes’’and ‘‘inclusion.’’
•
Letter dated December 31, 1997 toMr. Mark Hall, Neighborhood SchoolsNow!, Chantilly, Virginia, regarding therelationship of the individualizededucation program and least restrictiveenvironment requirements of the IDEAAmendments Act of 1997.
Topic Addressed: General Supervision
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Letter dated November 6, 1997 toMrs. Leslie M. Averna, AssociateCommissioner, Division of EducationalPrograms and Services, ConnecticutDepartment of Education, regardingintervals for a State’s monitoring cycle.
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Letter dated November 18, 1997 toHonorable Sandy Garrett, OklahomaState Superintendent of PublicInstruction, regarding the scope of aState educational agency’s generalsupervisory responsibility, including itsprimary responsibility for resolution of complaints alleging violations of Part B.
Topic Addressed: Confidentiality
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Letter dated December 23, 1997 toindividual, (personally identifiableinformation redacted), regardingobligations of States to discloseindividual student data in a non-personally identifiable manner.
Section 614—Evaluations, EligibilityDeterminations, IndividualizedEducation Programs, and EducationalPlacements
Topic Addressed: Evaluations
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Letter dated November 14, 1997 toan individual (personally identifiableinformation redated), regarding absenceof time periods in Part B within whicha school district must respond to aparent’s request for evaluation.
Topic Addressed: Individualized Education Programs
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Letter dated October 29, 1997 to anindividual, (personally identifiableinformation redated), regarding regulareducation teacher’s participation on theIEP team.
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Letter dated November 21, 1997 toMr. Edward J. Sarzynski, Esq. of Binghamton, New York, regarding IEPsfor children receiving home schooling.
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Letter dated November 6, 1997 to anindividual, (personally identifiableinformation redacted), regardingconsideration of a child’s need forassistive technology.
Section 615—Procedural Safeguards
Topic Addressed: Surrogate Parents
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Letter dated December 3, 1997 toMr. John Copenhaver, Mountain PlainsRegional Resource Center, regardingattorney’s fees for a surrogate parent andlimitations on removal of surrogateparents.
Topic Addressed: Due Process Hearings
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Letter dated October 22, 1997 to Dr.Juanita S. Pawlisch, WisconsinDepartment of Public Instruction,regarding the applicability of a Statestatute of limitations to a parent’s rightto request a due process hearing underPart B.
Topic Addressed: Pendency Placement
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Letter dated November 26, 1997 toDr. Paul Chassy, Esq. of Kensington,Maryland, regarding determination of child’s pendency placement if partiesare unable to agree.
Topic Addressed: Discipline Procedures
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OSEP Memorandum 97–7 datedSeptember 19, 1997 entitled ‘‘InitialDisciplinary Guidance related toRemoval of Children with Disabilitiesfrom Their Current EducationalPlacements for Ten School Days orLess.’’
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