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Federal Register / Vol. 65, No.

53 / Friday, March 17, 2000 / Notices 14547

of IDEA when Part B funds are used, toll free at 1–800–293–6498; or in the letters and other documents that the
and (2) with Part C even if no IDEA Part Washington, D.C., area at (202) 512– Department believes will assist the
B or C funds are used for that child as 1530. public in understanding the
long as the State receives any Part C Note: The official version of this document requirements of the law and its
funds. is the document published in the Federal regulations. The date and topic
Register. Free Internet access to the official addressed by a letter are identified, and
Part D: National Activities to Improve edition of the Federal Register and the Code summary information is also provided,
Education of children with Disabilities of Federal Regulations is available on GPO as appropriate. To protect the privacy
Subpart 2—Coordinated Research, Access at: http://www.access.gpo.gov/nara/ interests of the individual or individuals
Personnel Preparation, Technical index.html
involved, personally identifiable
Assistance, Support, and Dissemination (Catalog of Federal Domestic Assistance information has been deleted, as
of Information Number 84.027, Assistance to States for appropriate.
Education of Children with Disabilities)
Section 682—Parent Training and Part A: General Provisions
Dated: March 14, 2000.
Information Centers
Judith E. Heumann, Section 602—Definitions
Topic Addressed: Definition of Parent Assistant Secretary for Special Education and Topic Addressed: Child With a
Organization Rehabilitative Services. Disability
• Letter dated April 15, 1999 to [FR Doc. 00–6648 Filed 3–16–00; 8:45 am]
∑ Letter dated September 14, 1999 to
National Association of Protection and BILLING CODE 4000–01–M
School Psychologist Anthony W. Coe,
Advocacy Systems Executive Director
regarding criteria for establishing
Curtis L. Decker, regarding the statutory
DEPARTMENT OF EDUCATION eligibility of children with pervasive
definition of ‘‘parent organization’’ and
developmental delay for services under
explaining that a protection and
Office of Special Education and Part B of IDEA, including any applicable
advocacy entity that otherwise meets State diagnostic criteria, and clarifying
section 682 statutory criteria would be Rehabilitative Services; List of
Correspondence that the categories or conditions
eligible to compete for funding as a identified in the Diagnostic and
parent training and information center AGENCY: Department of Education. Statistical Manual (DSM)–IV, are not
(PTI). ACTION: List of correspondence from July synonymous with criteria for
Other Letters Relevant to the 1, 1999 through September 30, 1999. determining whether a child is a ‘‘child
Administration of IDEA Programs with a disability’’ under Part B of IDEA.
SUMMARY: The Secretary is publishing
Topic Addressed: Freedom of the following list pursuant to section Topic Addressed: Related Services
Information Act 607(d) of the Individuals with ∑ Letter dated August 2, 1999 to
• Letter dated May 20, 1999 to Disabilities Education Act (IDEA). individual, (personally identifiable
individual, (personally identifiable Under section 607(d) of IDEA, the information redacted), regarding the
information redacted), regarding an Secretary is required, on a quarterly U.S. Supreme Court’s 1999 decision in
appeal of a partial denial of a request for basis, to publish in the Federal Register Cedar Rapids Community School
agency records under the Freedom of a list of correspondence from the District v.Garret F., which clarifies that
Information Act (FOIA) and stating that Department of Education received by required nursing services provided
FOIA exemption (b)(6), which protects individuals during the previous quarter during school hours can be an eligible
from public disclosure information that that describes the interpretations of the ‘‘school health service,’’ the
would constitute a clear invasion of Department of Education of IDEA or the Department’s views regarding the
personal privacy, authorizes the regulations that implement IDEA. impact of the decision, and provisions
Department not to release to the public FOR FURTHER INFORMATION CONTACT: in IDEA that are designed to assist
personal information, such as home JoLeta Reynolds or Rhonda Weiss. States and school districts in financing
addresses and telephone numbers, of Telephone: (202) 205–5507. Individuals the costs of required school health
attendees contained in a register who use a telecommunications device services.
maintained by the Office of Special for the deaf (TDD) may call (202) 205– ∑ Letter dated August 11, 1999 to
Education Programs (OSEP) of public 5465 or the Federal Information Relay U.S. Congressman David Camp,
meetings conducted in connection with Service (FIRS) at 1–800–877–8339 regarding the impact on school districts
OSEP’s State educational agency between 8:00 am and 8:00 pm, Eastern of the U.S. Supreme Court’s 1999
monitoring. time, Monday through Friday, except decision in Cedar Rapids Community
Federal holidays. School District v. Garret F., and an
Electronic Access to This Document Individuals with disabilities may explanation of the impact of fully
You may view this document, as well obtain a copy of this notice in an funding IDEA at 40 percent of the
as all other Department of Education alternate format (e.g., Braille, large print, average per pupil expenditures in
documents published in the Federal audiotape, or computer diskette) on public elementary and secondary
Register, in text or Adobe Portable request to Katie Mincey, Director of the schools in the United States.
Document format (PDF) on the Internet Alternate Formats Center. Telephone: • Letter dated September 21, 1999 to
at either of the following sites: (202) 205–8113. individual, (personally identifiable
http://ocfo.ed.gov/fedreg.htm SUPPLEMENTARY INFORMATION: The information redacted), regarding the
http://www.ed.gov/news.html following list identifies correspondence impact on school districts of the U.S.
To use the PDF you must have the from the Department issued between Supreme Court’s 1999 decision in Cedar
Adobe Acrobat Reader Program with July 1, 1999 and September 30, 1999. Rapids Community School District v.
Search, which is available free at either Included on the list are those letters Garrett F. and clarifying that the number
of the previous sites. If you have that contain interpretations of the of disabled students requiring the one-
questions about using the PDF, call the requirements of IDEA and its on-one nursing services required by the
U.S. Government Printing Office (GPO) implementing regulations, as well as Garrett F. decision is limited.

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14548 Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices

Part B: Assistance for Education of All if eligible students with disabilities implement a due process system that
Children with Disabilities require modifications to participate in meets the requirements of section 615 of
State assessments. IDEA and to ensure the availability of
Section 611—Authorization; Allotment;
the State complaint procedures.
Use of Funds; Authorization of Topic Addressed: Least Restrictive
Appropriations Environment Section 614—Evaluations, Eligibility
• Letter dated September 21, 1999 to Determinations, Individualized
Topic Addressed: Distribution of Part B
individual, (personally identifiable Education Programs, and Educational
Funds
information redacted), regarding the placements
∑ Letter dated September 20, 1999 to
need to place certain disabled students Topic Addressed: Individualized
Walnut Creek School District in special schools or residential schools,
Superintendent Michael De Sa, and Education Programs
and clarifying that the Part B regulatory
letter dated September 20, 1999 to requirement for a continuum of • Letter dated August 5, 1999 to Ohio
individual, (personally identifiable alternative placements does not compel Protection and Advocacy Association
information redacted), regarding a State to create an appropriate member Suzanne Faustini regarding the
provisions in the IDEA Amendments of residential placement within a State if absence of a requirement in Part B of
1997 that revise the formula for an appropriate residential placement for IDEA that recommendations of parents
distribution of funds awarded under the child is otherwise available. or other team members not adopted by
Part B of IDEA and describing increases the IEP team be included in the IEP,
in Federal funding levels for special Topic Addressed: State Educational clarifying that the IEP is developed by
education programs in the past several Agency General Supervisory consensus rather than by majority vote
years, despite funding reductions in Responsibility and that the public agency must give
other Federal programs. • Letter dated August 5, 1999 to parents prior written notice explaining
individual, (personally identifiable why the recommendations were not
Topic Addressed: Use of Part B Funds
information redacted), and letter dated adopted.
• Letter dated August 5, 1999 to August 5, 1999 to Florida Department of • Letter dated September 14, 1999 to
Louisiana Department of Education Education Bureau of Instructional Attorney Gary D. Lander regarding
Director Virginia C. Beridon regarding Support and Community Services Chief whether a school board member may be
criteria for determining whether use of Shan Goff, regarding a State’s obligation a member of an IEP team, at the request
Part B funds for international travel is to resolve a complaint against a school of a parent or a public agency.
an allowable cost. district where a child’s parents no Section 615—Procedural Safeguards
Section 612—State Eligibility longer reside, including: (1) Requiring
appropriate corrective action by that Topic Addressed: Mediation
Topic Addressed: Free Appropriate district; and (2) using the State • Letter dated August 26, 1999 to
Public Education complaint procedures as a means of individual, (personally identifiable
• Letter dated August 6, 1999 to addressing both systemic and child- information redacted), regarding the
Attorney Brian J. Bocketti, regarding specific violations of Part B of IDEA. mediation confidentiality requirements
State flexibility under section 504 of the • Letter dated August 19, 1999 to of the IDEA Amendments of 1997 and
Rehabilitation Act of 1973 (section 504) California Department of Education the Department’s regulations that
in determining nonresident tuition rates Superintendent of Public Instruction prohibit the use of mediation
for students with disabilities in public Delaine Eastin and Youth and Adult discussions as evidence in a due process
school choice programs as long as Correctional Agency Secretary Robert hearing or civil proceeding, but
appropriate educational services are Presley, informing California of its clarifying congressional intent that this
made available and funded. receipt of IDEA sections 611 and 619 requirement not be used to supersede
• Letter dated September 14, 1999 to Part B funds for Federal Fiscal Year any discovery rights in such
Colorado Department of Education 1999 and its status as a high risk proceedings or any parental access
Federal Complaints Officer Charles M. grantee, as well as the special rights under the Family Educational
Masner, regarding the responsibility of conditions imposed on its receipt of Rights and Privacy Act of 1974.
the State educational agency or public these grant awards.
agency to appoint a hearing officer or to Topic Addressed: Discipline Procedures
resolve a State complaint if a parent Topic Addressed: Information Required • Letter dated July 27, 1999 to U.S.
alleges either that the award of a regular for State Program Grants Congressman Rush Holt regarding
high school diploma to their child was • Letter dated August 12, 1999 to obligations of school districts to take
appropriate or that the award of a Native American Protection & Advocacy prompt and appropriate steps whenever
regular high school diploma to their Project, Inc. Attorneys Sarah J. Somers a student with or without a disability
child was not appropriate. and Therese E. Yanan regarding the threatens school safety and explaining
• Letter dated September 29, 1999 to obligations of all States, including the the options available to school
individual, (personally identifiable Bureau of Indian Affairs (BIA), to authorities in disciplining a disabled
information redacted), regarding a submit final policies and procedures student who threatens school safety.
State’s right to establish proficiency that comply with the requirements of • Letter dated September 20, 1999 to
standards for high school graduation the IDEA Amendments of 1997 as a individual, (personally identifiable
and clarifying that such State standards condition for receipt of their Federal information redacted), regarding options
may not be established or implemented Fiscal Year 2000 Part B of IDEA grant available to school authorities in
in a nondiscriminatory manner in awards, the difficulties experienced by disciplining students with disabilities,
violation of section 504 and Title II of children with disabilities attending particularly the use of proactive
the Americans With Disabilities Act, schools funded by the BIA in obtaining measures, including appropriate
and the responsibility of the appropriate educational services and in behavioral interventions, and
individualized education program (IEP) resolving disagreements with schools, information about some of the programs
team under Part B of IDEA to determine and the obligations of the BIA to that the Department funds regarding the

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Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Notices 14549

use of appropriate behavioral DEPARTMENT OF ENERGY mailed to the following address: Ms.
interventions. Sharon Betson, Office of Biological and
Office of Science Financial Assistance Environmental Research, SC–73, 19901
Section 619—Preschool Grants Program Notice 00–13; Medical Germantown Road, Germantown, MD
Topic Addressed: Procedures for Applications Program 20874–1290.
Allocating Subgrants to Eligible Entities AGENCY: Department of Energy (DOE). Formal applications referencing
• Letter dated July 9, 1999 to Arizona ACTION: Notice inviting grant Program Notice 00–13, should be
Superintendent of Public Instruction applications. forwarded to: U.S. Department of
Lisa Graham Keegan regarding the Energy, Office of Science, Grants and
formula for the Preschool Grants SUMMARY: The Office of Biological and Contracts Division, SC–64, 19901
program and how State educational Environmental Research (OBER) of the Germantown Road, Germantown, MD
agencies allocate subgrants to local Office of Science (SC), U.S. Department 20874–1290, ATTN: Program Notice 00–
educational agencies, procedures for of Energy (DOE), hereby announces its 13. This address must also be used
calculating base payments and interest in receiving grant applications when submitting applications by U.S.
population and poverty payments, and to support one specific research area Postal Service Express Mail or any other
clarifying that there are no provisions in within the Medical Applications commercial overnight delivery service,
Part B of IDEA authorizing waivers of Program: Imaging Gene Expression in or hand-carried by the applicant. An
these requirements. Health and Disease. The specific goals original and seven copies of the
include development of nuclear application must be submitted.
Part D: National Activities To Improve medicine driven technologies to image
Education of Children With Disabilities mRNA transcripts in real time in tissue FOR FURTHER INFORMATION CONTACT: Dr.
culture and whole animals. Special Prem C. Srivastava, Office of Biological
Subpart 1—State Program and Environmental Research, Medical
Improvement Grants for Children With consideration will be given to
applications arising from a well Sciences Division (SC–73), U.S.
Disabilities Department of Energy, 19901
integrated, multidisciplinary team effort
Section 653—Applications of scientists with skills to address the Germantown Road, Germantown, MD
needs, issues and importance of nucleic 20874–1290, telephone: (301) 903–4071,
Topic Addressed: Information About FAX: (301) 903–0567, E-mail:
State Program Improvement Grants acid biochemistry, radioligand synthesis
and macromolecular interactions; prem.srivastava@science.doe.gov. The
• OSEP memorandum 99–14 dated functional consequences of gene full text of Program Notice 00–13 is
July 30, 1999, to interested parties expression by targeting and perturbing available via the Internet using the
providing guidance related to State the activity of a particular gene; and following web site address: http://
program improvement grants. biological applications of optical and www.sc.doe.gov/production/grants/
radionuclide imaging devices; grants.html.
Electronic Access to This Document
contributing to the goal of imaging SUPPLEMENTARY INFORMATION: The
You may view this document, as well specific gene expression in real time in
as all other Department of Education Medical Applications Program supports
animals to humans. The access to, or directed nuclear medicine research
documents published in the Federal availability of specialized molecular
Register, in text or Adobe Portable through radiopharmaceutical
radioligands, transgenic animal models development, molecular nuclear
Document Format (PDF) on the Internet of human disease, and biological
at either of the following sites: medicine and medical imaging
imaging devices for real time imaging in instrumentation program activities to
http://ocfo.ed.gov/fedreg.htm animals to humans, will be important study uses of radioisotopes for non-
http://www.ed.gov/news.html factors for funding considerations. invasive diagnosis and internal
To use the PDF you must have the Methodological approaches that are molecular radiotherapy. Molecules
Adobe Acrobat Reader Program with applicable to any mRNA species are directing or affected by homeostatic
Search, which is available free at either encouraged. controls always interact and, thus, are
of the previous sites. If you have DATES: Before preparing a formal targets for specific molecular substrates.
questions about using the PDF, call the application, potential applicants are The substrate molecules can be tailored
U.S. Government Printing Office (GPO) encouraged to submit a brief to fulfil a specific need and labeled with
toll free at 1–800–293–6498; or in the preapplication. All preapplications appropriate radioisotopes to become
Washington, D.C., area at (202) 512– referencing Program Notice 00–13, measurable in real time in the body on
1530. should be received by DOE by 4:30 pm, their way to, and in interaction with
Note: The official version of this document EDT., April 14, 2000. A response their targets allowing the analysis of
is the document published in the Federal encouraging or discouraging the molecular function in homeostatic
Register. Free Internet access to the official submission of a formal application will control in health and disease. The
edition of the Federal Register and the Code be communicated by electronic mail by function of radiopharmaceuticals at
of Federal Regulations is available on GPO
Access at: http://www.access.gpo.gov/nara/
April 21, 2000. various sites in the body is imaged by
index.html
Formal applications submitted in nuclear medical instruments, such as,
response to this notice must be received gamma cameras and positron emission
(Catalog of Federal Domestic Assistance by 4:30 p.m., E.D.T., May 30, 2000, to tomographs (PET). This type of imaging
Number 84.027, Assistance to States for be accepted for merit review and refines diagnostic differentiation at
Education of Children with Disabilities) consideration for award in Fiscal Years molecular/metabolic levels between
Dated: March 14, 2000. 2000 and 2001. health and disease, and among various
Judith E. Heumann, ADDRESSES: Preapplications referencing diseases such as of the heart, brain and
Assistant Secretary for Special Education and Program Notice 00–13, must be sent by cancer, often leading to more effective
Rehabilitative Services. E-mail to therapy. If labeled with high energy-
[FR Doc. 00–6649 Filed 3–16–00; 8:45 am] sharon.betson@science.doe.gov. emitting radioisotopes, the substrate
BILLING CODE 4000–01–U Preapplications will also be accepted if molecules, carrying the radiation dose

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