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67828 Federal Register / Vol. 67, No.

216 / Thursday, November 7, 2002 / Notices

women to participate in athletics under ADDRESSES section of this notice. View athletic opportunity? What are the
Title IX at this meeting, you are the Commission’s web site at: http:// implications for Title IX?
requested to reserve time on the agenda www.ed.gov/inits/commissionsboards/ 7. Apart from Title IX enforcement,
of the meeting by contacting the athletics. The Commission office are there other efforts to promote
Commission office by email or fax. number is 202–708–7417. athletic opportunities for male and
We request that you submit a request SUPPLEMENTARY INFORMATION: The female students that the Department
to the Commission office by email or nation is commemorating the 30th might support, such as public-private
fax. Please include your name, the anniversary of the passage of Title IX, partnerships to support the efforts of
organization you represent if the landmark legislation prohibiting schools and colleges in this area?
appropriate, and a brief description of recipients of Federal funds from Electronic Access to This Document
the issue you would like to present. discriminating on the basis of sex. Since
Participants will be allowed You may view this document, as well
this legislation was enacted, there has
approximately three to five minutes to as all other Department of Education
been a dramatic increase in the number
present their comments, depending on documents published in the Federal
of women participating in athletics at
the number of individuals who reserve Register, in text or Adobe Portable
the high school and college levels. The
time on the agenda. At the meeting, Document Format (PDF) on the Internet
Secretary of Education has determined
participants are also encouraged to at the following site: www.ed.gov/
that this anniversary provides an
submit two written copies of their legislation/FedRegister.
appropriate time to review the To use PDF you must have Adobe
comments. Persons interested in making application of Title IX to educational
comments are encouraged to address the Acrobat Reader, which is available free
institutions’ efforts to provide equal at this site. If you have questions about
issues and questions discussed under opportunity in athletics to women and
SUPPLEMENTARY INFORMATION. using PDF, call the U.S. Government
men. In order to do so, the Secretary Printing Office (GPO), toll free, at 1–
Given the expected number of established the Commission on
individuals interested in providing 888–293–6498; or in the Washington,
Opportunity in Athletics. The DC, area at (202) 512–1530.
comments at the meetings, reservations Commission will produce a report no
for presenting comments should be later than January 31, 2003, outlining its Note: The official version of this document
made as soon as possible. Persons who is published in the Federal Register. Free
findings relative to the opportunities for Internet access to the official edition of the
are unable to obtain reservations to men and women in athletics in order to
speak during the meetings are Federal Register and the Code of Federal
improve the effectiveness of Title IX. Regulations is available on GPO Access at:
encouraged to submit written Comments are encouraged on the http://www.access.gpo.gov/nara/index.html.
comments. Written comments will be following priority areas:
accepted at each meeting site or may be 1. Are Title IX standards for assessing Dated: November 1, 2002.
mailed to the Commission at the address equal opportunity in athletics working Rod Paige,
listed under ADDRESSES. to promote opportunities for male and Secretary of Education.
In addition to making reservations, female athletes? [FR Doc. 02–28288 Filed 11–6–02; 8:45 am]
individuals attending the public 2. Is there adequate Title IX guidance BILLING CODE 4000–01–P
meetings, for security purposes, must be that enables colleges and school
prepared to show photo identification in districts to know what is expected of
order to enter the meeting location. them and to plan for an athletic program DEPARTMENT OF EDUCATION
Request for Written Comments: In that effectively meets the needs and
addition to soliciting input during the interests of their students? Office of Special Education and
public meetings, we invite the public to 3. Is further guidance or are other Rehabilitative Services; List of
submit written comments relevant to the steps needed at the junior and senior Correspondence
Commission. high school levels where the availability AGENCY: Department of Education.
DATES: We would like to receive your or absence of opportunities will
written comments on the Act by ACTION: List of correspondence from
critically affect the prospective interests April 1, 2002 through June 30, 2002.
November 29, 2002. and abilities of student athletes when
ADDRESSES: Submit all comments to the they reach college age? SUMMARY: The Secretary is publishing
Commission using one of the following 4. How should activities such as the following list pursuant to section
methods: cheerleading or bowling factor into the 607(d) of the Individuals with
1. Internet. We encourage you to send analysis of equitable opportunities? Disabilities Education Act (IDEA).
your comments through the Internet to 5. How do revenue producing and Under section 607(d) of IDEA, the
the following address: large-roster teams affect the provision of Secretary is required, on a quarterly
OpportunityinAthletics@ed.gov. equal athletic opportunities? The basis, to publish in the Federal Register
2. Mail. You may submit your Department has heard from some parties a list of correspondence from the
comments to The Secretary of that whereas some men athletes will Department of Education received by
Education’s Commission on ‘‘walk-on’’ to intercollegiate teams— individuals during the previous quarter
Opportunity in Athletics, 400 Maryland without athletic financial aid and that describes the interpretations of the
Avenue, SW., ROB–3 Room 3060, without having been recruited—women Department of Education of IDEA or the
Washington, DC 20202. Due to delays in rarely do this. Is this accurate and, if so, regulations that implement IDEA.
mail delivery caused by heightened what are its implications for Title IX FOR FURTHER INFORMATION CONTACT:
security, please allow adequate time for analysis? Melisande Lee or JoLeta Reynolds.
the mail to be received. 6. In what ways do opportunities in Telephone: (202) 205–5507.
3. Facsimile. You may submit other sports venues, such as the If you use a telecommunications
comments by facsimile at (202) 260– Olympics, professional leagues, and device for the deaf (TDD) you may call
4560. community recreation programs, (202) 205–5637 or the Federal
FOR FURTHER INFORMATION CONTACT: See interact with the obligations of colleges Information Relay Service (FIRS) at 1–
the Commission address under the and school districts to provide equal 800–877–8339.

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Federal Register / Vol. 67, No. 216 / Thursday, November 7, 2002 / Notices 67829

Individuals with disabilities may conducted by the State Department of school services, for which incidental
obtain a copy of this notice in an Education, to the IDEA Part B grant fees are charged, are not a part of the
alternative format (e.g., Braille, large award. extended school year services provided
print, audiotape, or computer diskette) to the student.
Section 612—State Eligibility.
on request to Katie Mincey, Director of
the Alternate Format Center. Telephone: Topic Addressed: Condition of Section 615—Procedural Safeguards
(202) 205–8113. Assistance and Annual Count Topic Addressed: Timelines For
SUPPLEMENTARY INFORMATION: • Letter dated April 2, 2002 to Appeals
The following list identifies individual, (personally identifiable
correspondence from the Department information redacted), clarifying that (1) • Letter dated June 26, 2002 to
issued from April 1, 2002 through June the Florida Department of Education Connecticut Department of Education
30, 2002. (FDE) operates a one-tier due process Bureau Chief George P. Dowaliby
Included on the list are those letters system; (2) the FDE is revising its clarifying that to require that issues be
that contain interpretations of the eligibility documents which will be raised at a planning and placement team
requirements of IDEA and its reviewed by the Office of Special meeting before they can be addressed at
implementing regulations, as well as Education Programs; (3) the FDE is a due process hearing establishes
letters and other documents that the developing a State Improvement Plan; impermissible notice and exhaustion
Department believes will assist the and (4) a school district may include in burdens inconsistent with the IDEA and
public in understanding the its annual count children placed by its implementing regulations.
requirements of the law and its their parents in private schools through
regulations. The date and topic • Letters dated June 25, 2002 to
Florida’s program of Scholarships to
addressed by a letter are identified, and Minnesota Department of Children
Public or Private Schools of Choice for
summary information is also provided, Families and Learning Director of
Students with Disabilities if these
as appropriate. To protect the privacy children are being provided special Special Education Norena A. Hale,
interests of the individual or individuals education or related services under 34 Mississippi State Department of
involved, personally identifiable CFR 300.452–300.462. Education Program Improvement and
information has been deleted, as Outreach Bureau Director Dr. Melody
appropriate. Topic Addressed: State Educational Bounds, and Missouri Department of
Agency General Supervisory Authority Elementary and Secondary Education
Part A—General Provisions
• Letter dated June 27, 2002 to Dina Coordinator of Special Education
Section 602—Definitions. O. Harris, Esq., John F. Walsh, Esq. and Services Melodie Friedebach, clarifying
Topic Addressed: Special Education Arizona Assistant Attorney General that the States must revise or delete
AND Related Services Kacey Gregson, regarding the ability of their 30-day time limits because Circuit
a State educational agency (SEA) to Court decisions applicable to these
• Letter dated April 19, 2002 to reduce or withhold funds from a local
individual, (personally identifiable States have specifically rejected a 30-
educational agency (LEA) that is not day time for appealing due process
information redacted), regarding the meeting its obligation to provide FAPE
circumstances under which hearing decisions since it conflicts with
to all students with disabilities it is the policies and purposes of the IDEA.
transportation must be provided as a responsible for serving.
related service; and clarifying that IDEA • Letter dated June 4, 2002 to
does not address whether parents are Topic Addressed: Personnel Standards Arkansas Department of Education
entitled to reimbursement for • Letter dated April 2, 2002 to G. Associate Director of Special Education
transporting their child if transportation Emerson Dickman, Esquire, clarifying Marcia Harding, requesting that
is not a required related service on the requirements regarding qualifications of Arkansas revise its 30-day time limit for
individualized education program. personnel under both the IDEA and the filing a civil action under IDEA to be
Part B—Assistance for Education of All No Child Left Behind Act (NCLB Act) consistent with a case involving the
Children With Disabilities and a parent’s right to be informed Arkansas time limit.
about the qualifications of individuals • Letters dated June 4, 2002 to
Section 611—Authorization; Allotment; providing services to a child.
Use of Funds; Authorization of Minnesota Department of Children,
Appropriations. Section 614—Evaluations, Eligibility Families and Learning Director of
Determinations, Individualized Special Education Norena A. Hale,
Topic Addressed: Distribution of Funds Education Programs, and Educational Mississippi State Department of
• OSEP memorandum 02–06 dated Placements Education Program Improvement and
April 26, 2002, regarding Outreach Bureau Director Dr. Melody
Topic Addressed: Individualized
implementation of the new funding Bounds, Missouri Department of
Education Programs
formula under IDEA, specifically the Elementary and Secondary Education
year of age cohorts for which a free • Letter dated June 27, 2002 to
Coordinator of Special Education
appropriate public education (FAPE) is Illinois State Board of Education
Services Melodie Friedebach, and
ensured. Director of Special Education Dr.
Anthony E. Sims, clarifying that, Nebraska Department of Education
Topic Addressed: Use of Funds although the Part B ‘‘at no cost’’ Special Populations Administrator Gary
• Letter dated May 22, 2002 to requirement does not preclude M. Sherman, requesting that the States
Louisiana Department of Education incidental fees normally charged to either explain why case law rejecting a
Division of Appropriation Control nondisabled students or their parents as 30-day time limit for judicial review of
Director Kitty Littlejohn regarding the part of the regular education program, it IDEA claims is not applicable to civil
ability to add program income, would be impermissible for a public actions in their States or revise their 30-
generated from registration fees assessed agency to charge parents a fee for day time limits.
on participants at conferences extended school year services if summer

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67830 Federal Register / Vol. 67, No. 216 / Thursday, November 7, 2002 / Notices

Part C—Infants and Toddlers with Federal Register and the Code of Federal FOR FURTHER INFORMATION CONTACT:
Disabilities Regulations is available on GPO Access at: Sharie A. Centilla of the Office of
http://www.access.gpo.gov/nara/index.html. Compliance at (202) 564–0697 or via E-
Section 636—Individualized Family
(Catalog of Federal Domestic Assistance mail at Centilla.Sharie@epa.gov and ask
Service Plan Number 84.027, Assistance to States for for EPA ICR Number 1893.03; OMB
Topic Addressed: Early Intervention Education of Children with Disabilities) Control Number 2060–0430; expiration
Services Dated: October 31, 2002. date February 28, 2003.
• Letter dated June 11, 2002 to Robert H. Pasternack, SUPPLEMENTARY INFORMATION:
Kentucky Acting Part C Coordinator Ms. Assistant Secretary for Special Education and Title: Federal Plan Requirements for
Trish Howard, clarifying that (1) Rehabilitative Services. Municipal Solid Waste Landfills That
guidelines established by a State to [FR Doc. 02–28363 Filed 11–6–02; 8:45 am] Commenced Construction Prior to May
assist teams in developing an 30, 1991 and Have Not Been Modified
BILLING CODE 4000–01–P
individualized family service plan or Reconstructed Since May 30, 1991
(IFSP) may not be implemented in a (40 CFR Part 62, Subpart GGG); EPA ICR
manner that restricts the authority and Number 1893.03; OMB Control Number
ENVIRONMENTAL PROTECTION 2060–0430; expiration date February 28,
responsibility of the IFSP team and (2) AGENCY
that the IFSP team makes the final 2003.
Affected Entities: Entities potentially
determination of the frequency and [FRL–7405–8]
affected by this action are owners or
intensity of early intervention services
Agency Information Collection operators of existing municipal solid
needed by the child.
Activities: Proposed Collection; waste landfills that are located in any
Other Letters Relevant to the Comment Request: Federal Plan State for which a State plan has not
Administration of IDEA Programs Requirements for Municipal Solid been approved and become effective.
Waste Landfills That Commenced Abstract: The Agency has determined
Topic Addressed: Free Appropriate that the emissions from municipal solid
Public Education Construction Prior to May 30, 1991 and
Have Not Been Modified or waste landfills cause, or contribute
• Dear Colleague letter dated June 14, Reconstructed Since May 30, 1991; significantly to air pollution that may
2002 regarding preliminary guidance for EPA ICR Number 1893.03; OMB reasonably be anticipated to endanger
programs which must be implemented Control Number 2060–0430; Expiration public health or welfare. The
by the 2002–2003 school year on public Date February 28, 2003 Administrator is charged under Section
school choice, supplemental education 111 of the Clean Air Act (CAA) to
services, and collective bargaining AGENCY: Environmental Protection establish procedures for each State to
agreements under the provisions of the Agency (EPA). submit a plan that would establish
NCLB Act. ACTION: Notice. standards of performance for any
• Letter dated May 10, 2002 to existing source for any air pollutant. If
Florida Department of Education Bureau SUMMARY: In compliance with the the State has not developed such a plan,
of Instructional Support and Paperwork Reduction Act (44 U.S.C. then the Administrator may require any
Community Services Chief Shan Goff, 3501 et seq.), this document announces person who owns or operates any
regarding Florida’s obligation under that EPA is planning to submit the emission source or is subject to any
Federal civil rights laws to ensure that following continuing Information requirements of the CAA, to establish
its Scholarship Program for Students Collection Request (ICR) to the Office of and maintain reports; make reports;
with Disabilities is administered in a Management and Budget (OMB): install, use, and maintain monitoring
nondiscriminatory manner. Federal Plan Requirements for equipment or methods; sample
Municipal Solid Waste Landfills That emissions; and provide any other
Topic Addressed: Personnel Standards information as required.
Commenced Construction Prior to May
• Letter dated April 30, 2002 to 30, 1991 and Have Not Been Modified All owners and operators of existing
Alabama Superintendent of Education or Reconstructed Since May 30, 1991; municipal solid waste landfills must
Edward R. Richardson, clarifying Title I EPA ICR Number 1893.03; OMB Control submit an initial design capacity report.
paraprofessional requirements under the Number 2060–0430; expiration date If the design capacity of an existing
NCLB Act. February 28, 2003. Before submitting landfill is equal to or greater than
the ICR to OMB for review and 2,500,000 megagrams in weight and
Electronic Access to This Document
approval, EPA is soliciting comments on equal to or greater than 2,500,000 cubic
You may view this document, as well specific aspects of the proposed meters in volume, the owner or operator
as all other Department of Education information collection as described is required to determine the facility’s
documents published in the Federal below. annual, nonmethane, organic compound
Register, in text or Adobe Portable (NMOC) emission rate. Based on a three-
Document Format (PDF) on the Internet DATES: Comments must be submitted on tier emission rate calculation system,
at the following site: http://www.ed.gov/ or before January 6, 2003. the owner or operator is required to
legislation/FedRegister. ADDRESSES: Compliance Assessment either install a collection and control
To use PDF you must have Adobe and Media Programs Division, Office of system, or perform emission test using
Acrobat Reader, which is available free Compliance, Office of Enforcement and the criteria specified at the next tier
at this site. If you have questions about Compliance Assurance, Mail Code level. If the NMOC emission rate is
using PDF, call the U.S. Government 2223A, United States Environmental determined to be less than 50
Printing Office (GPO), toll free, at 1– Protection Agency, 1200 Pennsylvania megagrams per year, as determined by
800–293–6498; or in the Washington, Avenue, NW., Washington, DC 20460. A Tier 1, Tier 2, or Tier 3 emission rate
DC, area at (202) 512–1530. hard copy of a specific ICR may be calculations, no further calculations or
Note: The official version of this document obtained without charge by calling or testing is required for that year.
is published in the Federal Register. Free sending an E-mail to the contact person For landfills required to install
Internet access to the official edition of the listed in this notice. collection and control systems,

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