DueProcessIllinois.org

  (d) Policy Letters and Statements.--The Secretary may not issue 
policy letters or other statements (including letters or statements 
regarding issues of national significance) that--
            ``(1) violate or contradict any provision of this title; or
            ``(2) establish a rule that is required for compliance with, 
        and eligibility under, this title without following the 
        requirements of section 553 of title 5, United States Code.

    (e) Explanation and Assurances.--Any written response by the 
Secretary under subsection (d) regarding a policy, question, or 
interpretation under part B shall include an explanation in the written 
response that--
            (1) such response is provided as informal guidance and is 
        not legally binding;
            (2) when required, such response is issued in compliance 
        with the requirements of section 553 of title 5, United States 
        Code; and
            (3) such response represents the interpretation by the 
        Department of Education of the applicable statutory or 
        regulatory requirements in the context of the specific facts 
        presented.

    (f) Correspondence From Department of Education Describing 
Interpretations of This Title.--
            (1) <<NOTE: Federal Register, publication.>> In general.--
        The Secretary shall, on a quarterly basis, publish in the 
        Federal Register, and widely disseminate to interested entities 
        through various additional forms of communication, 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 this title or 
        the regulations implemented pursuant to this title.
            (2) Additional information.--For each item of 
        correspondence published in a list under paragraph (1), the 
        Secretary shall--
                    (A) identify the topic addressed by the 
                correspondence and shall include such other summary 
                information as the Secretary determines to be 
                appropriate; and
                    (B) ensure that all such correspondence is issued, 
                where applicable, in compliance with the requirements of 
                section 553 of title 5, United States Code.

to read the actual copies of the OSEP letters go to:
http://www.ed.gov/policy/speced/guid/idea/index.html
 

Summaries as published by OSEP

4th quarter 2007	3rd quarter, 2007	2nd quarter, 2007	1st quarter 2007
4th quarter 2006	3rd quarter, 2006	2nd quarter, 2006
4th quarter 2005	3rd quarter, 2005	2nd quarter, 2005	1st quarter 2005
4th quarter 2004	3rd quarter, 2004	2nd quarter, 2004	1st quarter 2004
4th quarter 2003	3rd quarter, 2003	2nd quarter, 2003	1st quarter 2003
4th quarter 2002	3rd quarter, 2002	2nd quarter, 2002	1st quarter 2002
4th quarter, 2001	3rd quarter 2001	2nd quarter 2001	1st quarter 2001
4th quarter 2000	3rd quarter 2000	2nd quarter 2000	1st quarter 2000
4th quarter 1999	3rd quarter 1999	2nd quarter 1999	1st quarter 1999
4th quarter 1998	3rd quarter 1998	2nd quarter, 1998	1st quarter 1998
4th quarter 1997	3rd quarter 1997

 
 

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due process home

OSEP letters

CY2007 — Fourth QUARTER

regarding criteria for making eligibility determinations under Part B of IDEA.

December 21, 2007 to Texas Education Agency General Counsel David Anderson, Esq.
TOPIC ADDRESSED: Child Find
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (8K) | PDF (60K)

clarifying that a State has no 
child find obligations under Part B of IDEA to children housed in a 
U.S. Immigration and Customs Enforcement residential facility.

November 30, 2007 to Chapman Management Group member Tom Trigg.
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (26K) | PDF (106K)

 clarifying the placement requirements in Part B of IDEA.

December 20, 2007 to Indiana Department of Education Medicaid Liaison John Hill.
TOPIC ADDRESSED: Methods of Ensuring Services
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (22K) | PDF (78K)

clarifying whether school-based Medicaid billing is optional or required under IDEA.

November 7, 2007 to Mountain Plains Regional Resource Center Director Dr. John Copenhaver.
TOPIC ADDRESSED: Personnel Qualifications
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (8K) | PDF (70K)

clarifying the relationship between the requirements regarding highly qualified 
teachers and the provision of extended school year services. ESY.

October 22, 2007 to U.S. Senator James M. Inhofe.
TOPIC ADDRESSED: Prohibition on Mandatory Medication
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (28K) | PDF (165K)

regarding the application and implementation of the statutory prohibition on mandatory medication.

October 19, 2007 to Mountain Plains Regional Resource Center Director Dr. John Copenhaver.
TOPIC ADDRESSED: Evaluations, Parental Consent, and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (15K) | PDF (147K)

clarifying the application of the requirements for parent consent for initial 
evaluations when a response to intervention process is used for 
evaluating children with disabilities.

October 19, 2007 to Bowling Green State University Special Needs Assistant Brigitte Green-Churchwell.
TOPIC ADDRESSED: Evaluations, Parental Consent, and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (5K) | PDF (40K)

explaining that an evaluation under Part B of IDEA is not required 
before terminating a child's eligibility due to graduation from 
secondary school with a regular diploma or due to exceeding the age of 
eligibility for a free appropriate public education under State law.

December 21, 2007 to California Attorney Nancy J. LoDolce.
TOPIC ADDRESSED: TOPIC ADDRESSED: Procedural Safeguards Notice
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (16K) | PDF (97K)

clarifying whether age and grade level scores, along 
with recommendations pertaining to specific methodologies and/or use of 
materials, can be included in evaluations conducted by independent 
educational evaluators.

November 30, 2007 to Texas Education Agency Special Programs Director Kathy Clayton.
TOPIC ADDRESSED: Procedural Safeguards Notice
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (11K)| PDF (68K)

regarding a State's obligation to communicate to parents the information contained in the procedural 
safeguards notice under Part B of IDEA.

November 14, 2007 to Virginia Assistant Superintendent for Special Education and Student Services H. Douglas Cox.
TOPIC ADDRESSED: Procedural Safeguards Notice
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (13K) | PDF (50K)

regarding a revision to the procedural safeguards notice model 
form developed by the Office of Special Education Programs.
Topic Addressed: Impartial Due Process Hearing

October 25, 2007 to Advocacy Center for Persons with Disabilities Education Team Manager Robert Jacobs.
TOPIC ADDRESSED: Educational Placements
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (23K) | PDF (68K)

clarifying whether a State educational agency (SEA) may contract with 
another agency to hold due process hearings for the SEA and the 
applicable appeals process.

December 12, 2007 to Connecticut Attorney David Shaw.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (27K) | PDF (126K)

regarding State rules for hearing officer review of 
negotiated settlement agreements reached outside of mediation or the 
resolution process and enforcement of these settlement agreements.

November 28, 2007 to Connecticut Attorney Lawrence W. Berliner.
TOPIC ADDRESSED: Complaint Resolution
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities Section 635 - Requirements for a Statewide System
MS Word(14K)| PDF (73K)

regarding Part C complaint resolution procedures 
and clarifying that the current Part C regulations do not give an early 
intervention services provider an opportunity to respond to a 
complaint.

December 26, 2007 to Dear Colleague.
TOPIC ADDRESSED: Educational Placements
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
HTML | PDF

regarding issues in the enrollment of students with 
disabilities in accelerated programs such as Advanced Placement and 
International Baccalaureate classes or programs.

CY2007 — THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2007 through September 30, 2007.
PDF (39K) | HTML

September 11, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (22K) | PDF (75K)

Part A--General Provisions

Section 602--Definitions

Topic Addressed: Child With a Disability
    [cir] Letter dated September 11, 2007 to individual, regarding how a local educational 
agency (LEA) may address the needs of a child with a neurological impairment.

August 15, 2007 to Carlette Morris, New Zion, South Carolina Elementary School.
TOPIC ADDRESSED: Methods of Ensuring Services
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (49K) | PDF (70K)

Walker Gamble Elementary School official Carlette Morris, regarding use 
of an interagency agreement between a State or LEA and a State Medicaid 
Agency to obtain Medicaid reimbursement for Medicaid-covered services 
included in a Medicaid-eligible child's individualized education 
program (IEP).

August 7, 2007 to U.S. Representative Bill Shuster.
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (38K) | PDF (95K)

restating the Department's policy that test protocols that do 
not contain personally identifiable information are not education 
records under either Part B of IDEA or the Family Educational Rights 
and Privacy Act.

August 22, 2007 to Arizona Director of Exceptional Student Services Colette Chapman.
TOPIC ADDRESSED: Children with Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (27K) | PDF (81K)

Letter dated August 22, 2007 to Arizona Director of 
Exceptional Student Services Colette Chapman, clarifying that children 
with disabilities placed by their parents in for-profit private schools 
are not considered ``parentally-placed private school children with 
disabilities,'' are not included in the proportionate share calculation 
and are not eligible for equitable services.

August 29, 2007 to Scarsdale, New York Public Schools Director of Special Education Dr. Michael Mendelson.
TOPIC ADDRESSED: CChildren with Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (56K) | PDF (70K)

Letter dated August 29, 2007 to Scarsdale, New York Public 
Schools Director of Special Education Dr. Michael Mendelson, regarding 
requirements in Part B of IDEA that are applicable to the LEA where the 
private school is located when a child with a disability is parentally-
placed in a special education private school.

July 27, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (29K) | PDF (135K)

 Letter dated July 27, 2007 to individual (personally 
identifiable information redacted) and letter dated September 24, 2007 
to Mountain Plains Regional Resource Center Co-Director Dr. Carol 
Massanari, regarding the use of response to intervention in evaluating 
children suspected of having specific learning disabilities.

September 24, 2007 to Mountain Plains Regional Resource Center Co-Director Dr. Carol Massanari.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (42K) | PDF (215K)

 Letter dated July 27, 2007 to individual (personally 
identifiable information redacted) and letter dated September 24, 2007 
to Mountain Plains Regional Resource Center Co-Director Dr. Carol 
Massanari, regarding the use of response to intervention in evaluating 
children suspected of having specific learning disabilities.

August 15, 2007 to Lehigh University Professor Perry A. Zirkel.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

Letter dated August 15, 2007 to Lehigh University Professor 
Perry A. Zirkel, regarding an LEA's use of its State-adopted criteria 
for determining whether a child has a specific learning disability.

September 5, 2007 to New York Attorney Edward J. Sarzynski.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

Letter dated September 5, 2007 to New York Attorney Edward J. 
Sarzynski, regarding whether written parental consent is required for 
all evaluations that are not standardized tests administered to all 
students.

July 19, 2007 to individual (personally identifiable information redacted)
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

regarding a State's proposed rules that relate to IEPs and other requirements in Part B of IDEA.

August 24, 2007 to Disability Rights Advocate Pat Kelly.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

to Disability Rights Advocate 
Pat Kelly, clarifying when benchmarks or short-term objectives must be 
included in the IEPs of students with disabilities who take alternate 
assessments aligned to alternate achievement standards.

August 22, 2007 to Trident Literacy Association Representative Suzy Arents.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

to Trident Literacy Association 
official Suzy Arents, clarifying that a private nonprofit entity has no 
obligation to develop IEPs for students with disabilities who have 
withdrawn from the public school program and who seek literacy services 
directly from a private nonprofit entity.

September 4, 2007 to Linda Boswell, Conway, Arkansas Public Schools,.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

to Conway, Arkansas Public 
Schools official Linda Boswell, regarding translation of IEP documents 
into a parent's native language.

August 15, 2007 to Kentucky School Boards Association Senior Attorney Teresa T. Combs.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (32K) | PDF (115K)

to Kentucky School Boards 
Association Senior Attorney Teresa T. Combs, regarding the Department's 
current position on whether a local school district must or may file a 
request for a due process hearing to attempt to force a child to return 
to the district's special education program when the parent revokes 
consent for the child's receipt of special education and related 
services.

August 15, 2007 to Massachusetts Bureau of Special Education Appeals Director Richard E. Connelly.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (32K) | PDF (115K)

to Massachusetts Bureau of 
Special Education Appeals Director Richard E. Connelly, clarifying the 
obligation of a public agency to provide, at no cost, a copy of a 
written, or at the option of the parent, an electronic, verbatim record 
from a due process hearing, even though the applicable appeal period 
has expired.

September 11, 2007 to Puerto Rico Special Education Attorney Roberto Maldonado.
TOPIC ADDRESSED: Impartial Due Process Hearing
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (32K) | PDF (115K)

clarifying that any party to a 
due process hearing has the right to either a free copy of a written, 
or at the option of the parents, an electronic, verbatim record of the 
hearing, not both.

September 4, 2007 to Partnership for Children's Rights Attorney Michael D. Hampden.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (32K) | PDF (115K)

clarifying the applicability of the 
requirement regarding a child's status during the pendency of 
administrative or judicial proceedings in a single tier or two-tier due 
process system when no subsequent appeals are filed.
Topic Addressed: Protections for Children Not Yet Eligible for Special 
Education and Related Services

September 5, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Protections for Children Not Yet Eligible for Special Education and Related Services
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (32K) | PDF (115K)

clarifying whether an expulsion 
hearing may occur before the hearing officer determines whether the LEA 
had knowledge that the child was a child with a disability.

September 4, 2007 to Florida Early Steps Bureau Chief Janice M. Kane.
TOPIC ADDRESSED: Content of Plan
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
MS Word (32K) | PDF (115K)

clarifying the State's obligation to provide any services that meet the Part C definition of early intervention

September 24, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Content of Plan
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
MS Word (32K) | PDF (115K)

clarifying that the IFSP Team, 
which includes the child's parents, makes an individualized 
determination of whether a particular method of providing services is 
needed for a child to achieve the outcomes in the child's IFSP.

July 23, 2007 Rehabilitation Services Administration Information Memorandum RSA-IM-07-08.
TOPIC ADDRESSED: Transition
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
HTML

RSA-IM-07-08, regarding a comprehensive transition program that uses a 
variety of activities and innovative approaches to expose transition-
age youth with disabilities (ages 14 to 24) to careers in science, 
technology, engineering, and math and other technology-based 
professions.

CY2007 — SECOND QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2007 through June 30, 2007.
PDF (39K) | HTML

June 14, 2007 to Louisiana Division of Educational Improvement and Assistance Director Dr. Susan A. Aysenne.
TOPIC ADDRESSED: Reallocation of Funds
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations
MS Word (17K) | PDF (777K)

confirming that the Louisiana Department of Education has the authority 
to reallocate funds that are not needed by one local educational agency 
(LEA) to provide a free appropriate public education to children with 
disabilities to a single LEA or multiple LEAs in the State.

June 14, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (31K) | PDF (500K)

clarifying that the same 
requirements in Part B of IDEA governing personnel qualifications and 
access to instructional materials that apply to special education and 
related services provided pursuant to a student's individualized 
education program (IEP) in a regular school program apply to special 
education and related services provided pursuant to a student's IEP as 
compensatory services.

May 3, 2007 OSEP Memorandum 07-10.
TOPIC ADDRESSED: Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (32K) | PDF (456K)

clarifying 
requirements for obtaining parental consent when a public agency seeks 
access to a child's public benefits or public insurance to pay for 
required special education and related services for Medicaid-eligible 
children and explaining that the LEA does not have to obtain a separate 
parental consent if parental consent is given directly to another 
agency, such as a State's Medicaid Agency.

April 24, 2007 OSEP Memorandum 07-09.
TOPIC ADDRESSED:Disproportionality
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (37K) | PDF (922K)

clarifying the requirements governing 
overidentification and disproportionality under section 612(a)(24) of 
IDEA and the requirements governing significant disproportionality 
under section 618(d) of IDEA.

May 10, 2007 to U.S. Representative Doris O. Matsui.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (33K) | PDF (1.4M)

regarding how determinations are made about a child's 
eligibility for special education and related services under Part B of 
IDEA, including whether factors such as family history of substance 
abuse and other medical information can be considered as part of the 
eligibility determination.

April 12, 2007 to North Carolina Exceptional Children Division Director Mary D. Watson.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (39K) | PDF (215K)

clarifying that the 
requirements of Part B of IDEA for annual review of a child's IEP 
remain fully applicable while administrative or judicial proceedings 
regarding a complaint are pending.

April 12, 2007 to Community Alliance for Special Education Service Coordinator Paul S. Foreman.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (39K) | PDF (215K)

regarding the child's 
status during the pendency of administrative or judicial proceedings 
when a child who is no longer eligible for services under Part C of 
IDEA seeks initial services under Part B of IDEA.

May 7, 2007 to American Printing House for the Blind, Inc. President Dr. Tuck Tinsley.
TOPIC ADDRESSED: National Instructional Materials Access Center
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 674 - Technology Development, Demonstration, and Utilization; Media Services; and Instructional Materials
MS Word (10K) | PDF (174K)

explaining the Department's 
interpretation of section 674(e)(5) of the IDEA and clarifying the 
extent to which that section provides any protection for the National 
Instructional Materials Access Center from lawsuits contesting its 
grant activities.

CY2007 — FIRST QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from January 2, 2007 through March 31, 2007.
PDF (39K) | HTML

March 8, 2007 to American Speech-Language-Hearing Association Director Catherine D. Clarke.
TOPIC ADDRESSED: Child With a Disability
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
MS Word (17K) | PDF (777K)

regarding criteria for 
determining whether a speech or language impairment adversely affects a 
child's educational performance, how public agencies may respond when 
speech/language pathology sessions are missed due to the student's 
absence or the provider's absence, and an explanation of the 
requirements governing the continuum of alternative placements.

January 23, 2007 to Volusia County, Florida Superintendent of Schools Margaret A. Smith.
TOPIC ADDRESSED: Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (31K) | PDF (500K)

clarifying requirements for obtaining parental consent 
when a public agency seeks access to a child's public benefits or 
public insurance to pay for required special education and related 
services for Medicaid-eligible children.

clarifying requirements for obtaining parental consent 
when a public agency seeks access to a child's public benefits or 
public insurance to pay for required special education and related 
services for Medicaid-eligible children.

March 8, 2007 to Indiana Department of Education Governmental Affairs Committee Chairman John D. Hill.
TOPIC ADDRESSED:Methods of Ensuring Service
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (37K) | PDF (922K)

clarifying 
requirements for obtaining parental consent when a public agency seeks 
access to a child's public benefits or public insurance to pay for 
required special education and related services for Medicaid-eligible 
children and explaining that the local educational agency (LEA) does 
not have to obtain a separate parental consent if parental consent is 
given directly to another agency, such as a State's Medicaid Agency.

March 9, 2007 to Massachusetts Department of Education State Director of Special Education Marsha Mittnacht.
TOPIC ADDRESSED: Children With Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (33K) | PDF (1.4M)

regarding parentally-placed children with disabilities who reside out-
of-State and attend private schools located in school districts in 
Massachusetts.

March 23, 2007 to Association of Educational Service Agencies Executive Director Brian L. Talbot.
TOPIC ADDRESSED: Children With Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (39K) | PDF (215K)

regarding the role of sending and receiving LEAs 
in completing child find activities and implementing equitable services 
for children with disabilities enrolled by their parents in private 
schools.

regarding the role of sending and receiving LEAs 
in completing child find activities and implementing equitable services 
for children with disabilities enrolled by their parents in private 
schools.

March 16, 2007 to Recording for the Blind and Dyslexic President and CEO John Kelly.
TOPIC ADDRESSED: Access to Instructional Materials
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (10K) | PDF (174K)

regarding the benefits of giving 
all qualified accessible media producers anticipatory access to the 
National Instructional Materials Accessibility Standard files sets 
deposited at the National Instructional Materials Access Center.

February 6, 2007 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (41K) | PDF (225K)

regarding the relationship of the 
requirements for review of existing evaluation data to the requirements 
for reevaluation.

March 1, 2007 to Harcourt Assessment Inc. Publisher Aurelio Prifitera.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

responding to Harcourt Assessment's 
overview of the requirements in the final regulations for Part B of 
IDEA for evaluating children suspected of having specific learning 
disabilities.

March 6, 2007 to Wyoming Protection and Advocacy for Individual Rights Program Attorney Buck Gwyn.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (30K) | PDF (87K)

regarding State 
criteria for determining whether a child has a specific learning 
disability.

March 6, 2007 to Lehigh University Professor Perry A. Zirkel.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (9K) | PDF (523K)

 regarding new requirements in the final regulations 
for Part B of IDEA that govern whether States may use the severe 
discrepancy model and clarifying the role of response to intervention 
in determining whether a child has a specific learning disability.

February 2, 2007 to Pennsylvania Department of Education Staff Member Gerald L. Zahorchak.
TOPIC ADDRESSED: Maintenance of Current Educational Placement
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (24K) | PDF (114K)

regarding the child's 
status during the pendency of administrative or judicial proceedings 
when a child who is no longer eligible for services under Part C of 
IDEA seeks initial services under Part B of IDEA.

March 8, 2007 to University of Utah Professor Dixie Snow Huefner.
TOPIC ADDRESSED: Discipline Procedures
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (32K) | PDF (732K)

egarding when a parent or an LEA may request an 
expedited due process hearing and the child's placement during an 
appeal.

February 9, 2007 to Washoe County, Nevada Assistant Superintendent Dr. Kris Christiansen.
TOPIC ADDRESSED: Discipline Procedures
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 615 - Procedural Safeguards
MS Word (36K)| PDF (163K)

regarding whether a 
functional behavioral assessment (FBA) triggers the procedural 
safeguards applicable to an evaluation or an independent educational 
evaluation and whether parent consent is required prior to conducting 
an FBA.

March 6, 2007 to Texas Governor Rick Perry.
TOPIC ADDRESSED: State Allocation Formula
SECTION OF IDEA: Part C - Infants And Toddlers With Disabilities Section 643 - Allocation of Funds
MS Word (31K) | PDF (101K)

clarifying that allocations to each State under Part C of IDEA are made 
based on the ratio of the number of infants and toddlers in that State 
to the number of infants and toddlers in all States and that the 
calculations are based on the most recent data available from the 
Census Bureau. The Department cannot make adjustments in the formula 
allocations to States based on data provided by an individual State.

February 7, 2007 to Chief State School Officers.
TOPIC ADDRESSED: Assessment and Accountability
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
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regarding the assessment and accountability requirements of Title I and 
extending flexibility for determining annual yearly progress for the 
students with disabilities subgroup.

March 16, 2007 to Dear Colleague.
TOPIC ADDRESSED: Transition to Postsecondary Education
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
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regarding the legal rights and responsibilities of students 
with disabilities as they transition from secondary to postsecondary 
education settings.

CY2006 — FOURTH QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from October 1, 2006 through December 31, 2006.
PDF (39K) | HTML

November 20, 2006 to Washington, D.C. attorney Leigh Manasevit.
TOPIC ADDRESSED: Allotment
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations
MS Word | (22K) PDF (75K)

regarding the reallocation of high cost funds that 
were not expended before the last year of availability.

December 22, 2006 to National Association of Public Health Systems Executive Director Mark Covall.
TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (27K) | PDF (81K)

regarding the 
obligation to ensure that a free appropriate public education is 
available to children with disabilities who are placed by a non-
educational public agency in a public or private residential program 
and clarifying that determining the specific school district or local 
educational agency responsible for the cost of that residential 
placement is a matter of State law, policy or practice.

 regarding confidentiality issues 
raised by IDEA and the Family Educational Rights and Privacy Act 
related to the public dissemination of special education due process 
hearing decisions.

December 1, 2006 to U.S. Representative Christopher Smith.
TOPIC ADDRESSED: Children with Disabilities Enrolled by Their Parents In Private Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (27K) | PDF (81K)

 regarding the applicability of equitable 
participation requirements to children with disabilities ages three 
through five enrolled by their parents in private schools or 
facilities.

October 19, 2006 to National Association of School Psychologists Executive Director Susan Gorin.
TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

regarding the role 
of school psychologists in administering assessments and the regulatory 
changes in procedures for evaluating children suspected of having 
learning disabilities

October 19, 2006 to TASH Executive Director Barbara Trader.
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K)

clarifying that the IDEA, while requiring the 
individualized education program team (IEP Team) to consider the use of 
positive behavioral interventions and supports, does not include a 
prohibition on the use of aversive behavioral interventions and that 
the decision whether to allow IEP Teams to consider the use of such 
interventions is a decision left to each State.

November 3, 2006 to Iowa Bureau of Children, Family, and Community Services Chief Lana Michelson.
TOPIC ADDRESSED: Educational Placements
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
MS Word (32K) | PDF (115K

CY2006 — THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2006 through September 30, 2006.
PDF (39K) | HTML

July 11, 2006 to individual (personally identifiable information redacted).
TOPIC ADDRESSED: Child With A Disability
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
MS Word (22K) | PDF (75K)

Letter dated July 11, 2006 to individuals (personally 
identifiable information redacted), regarding whether a State must use 
the term ``mental retardation'' or any other terms contained in the 
definition of ``child with a disability'' from Part B of IDEA when 
describing children eligible for services under IDEA and State law.
Topic Addressed: Special Education and Related Services

September 19, 2006 to U.S. Senator Judd Gregg.
TOPIC ADDRESSED: Special Education and Related Services
SECTION OF IDEA: Part A - General Provisions; Section 602 - Definitions
MS Word (27K) | PDF (81K)

regarding the maintenance and programming of surgically implanted 
medical devices, including cochlear implants.

July 26, 2006 to Maryland State Department of Education Assistant Superintendent Carol Ann Baglin.
TOPIC ADDRESSED: Maintenance of Effort
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility
MS Word (27K) | PDF (81K)

regarding the 
maintenance of effort requirements in Part B of IDEA that apply to 
local educational agencies (LEAs) and a State educational agency's 
responsibilities to ensure that its LEAs comply with these 
requirements.

September 5, 2006 to Chief State School Officers.
TOPIC ADDRESSED: Highly Qualified Teachers
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
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regarding efforts to ensure that all core academic subjects 
are taught by highly qualified and effective teachers and asking States 
to restrict the use of High Objective Uniform State Standard of 
Evaluation (HOUSSE) procedures to certain situations.

Februrary 2, 2006 to Pennsylvania Department of Education Assistant Counsel Karen S. Feuchtenberger.
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
MS Word (32K) | PDF (115K)

regarding whether, under 
the Family Educational Rights and Privacy Act, a charter school may 
disclose certain personally identifiable information from the education 
records of a child with a disability, in the absence of parent consent, 
to the child's school district of residence in order to obtain an 
additional State subsidy for children with disabilities receiving 
special education and related services at the charter school.

CY2006 — SECOND QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2006 through June 30, 2006.
HTML     PDF Format (39K)

June 22, 2006 to Louisiana Department of Education State Superintendent Cecil J. Picard.
TOPIC ADDRESSED: Use of Funds
SECTION OF IDEA: Part B — Assistance for Education of All Children With Disabilities; Section 611 — Authorization; Allotment; Use of Funds; Authorization of Appropriations
PDF format (63K) MS Word format (22K)

     Letter dated June 22, 2006 to Louisiana Department of 
Education State Superintendent Cecil J. Picard, approving the State's 
request to reallocate Part B funds for State-level activities to 
purchase equipment and materials for a regional Assistive Technology 
Center and clarifying that no prior approval from the Department is 
required to fund a new staff position for the Center.

June 6, 2006 to El Paso, Texas Attorney Luther Jones, Esq..
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B — Assistance for Education of All Children With Disabilities; Section 612 — State Eligibility
PDF format (79K)  MS Word format (23K)

regarding when amendments to individualized education programs (IEPs) become effective and when the provisions of a prior IEP or subsequent IEP govern.

regarding the obligation of Massachusetts' school districts to provide and pay for special education and related services for parentally-placed private school children with disabilities who reside outside of Massachusetts and attend private elementary schools and secondary schools located in Massachusetts.

    Letter dated May 15, 2006 to Chief State School Officers 
regarding how States can improve implementation of the public school 
choice and supplemental educational services provisions of the No Child 
Left Behind Act of 2001.

Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
HTML format

March 28, 2006 to Los Angeles County Office of Education Deputy General Counsel Monique C. Shay and Los Angeles Unified School District Assistant General Counsel Kelly Rozmus Barnes.
TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers
HTML format

CY2006 — First QUARTER Federal Register Notice:

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from October 1, 2005 through December 31, 
2005. 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 of 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 612--State Eligibility

Topic Addressed: Individualized Education Programs
     Letter dated October 25, 2005 to Mississippi State 
Department of Education Bureau Director Melody Bounds, regarding 
challenges faced by Mississippi in providing special education and 
related services to students with disabilities displaced by Hurricane 
Katrina, application of the requirements in Part B of the IDEA relating 
to individualized education programs (IEPs) for transfer students, and 
issues relating to waiver of other applicable requirements in Part B of 
IDEA; and informing Mississippi of a specific extension of the timeline 
for submission of its State performance plan (SPP) granted pursuant to 
the Secretary's transition authority in section 303 of the Individuals 
with Disabilities Education Improvement Act of 2004.
PDF (120K) | Word (27K)
[[Page 14690]]

     Letter dated October 25, 2005 to Louisiana State 
Department of Education Assistant Superintendent Dr. Robin Jarvis, 
regarding challenges faced by Louisiana in providing special education 
and related services to students with disabilities displaced by 
Hurricane Katrina, the flexibility that Louisiana has to establish 
State timelines for evaluating these students, and application of the 
requirements in Part B of IDEA relating to IEPs for transfer students; 
and informing Louisiana of specific extensions of the timelines for 
submission of documentation relating to its Federal Fiscal Year 2003 
Annual Performance Report under Part B of IDEA and its SPP granted 
under the Secretary's transition authority in section 303 of the 
Individuals with Disabilities Education Improvement Act of 2004.
Topic Addressed: Confidentiality of Education Records
PDF (134K) | Word (28K)

     Letter dated October 12, 2005 to Iowa Department of 
Education Program Consultant-Medicaid Dann Stevens from Family Policy 
Compliance Office Director LeRoy S. Rooker, regarding the disclosure of 
education records to the Medicaid agency for reimbursement purposes and 
clarifying that prior written consent is required under the Family 
Educational Rights and Privacy Act (FERPA) and Part B of IDEA in order 
for an educational agency or institution to disclose personally 
identifiable information about students with disabilities to a State 
Medicaid agency.
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     Letter dated September 13, 2005 to Carroll Independent 
School District (Grapevine, Texas) Superintendent Gary S. Mathews, from 
Family Policy Compliance Office Director LeRoy S. Rooker, regarding 
provisions in Part B of IDEA that apply to the destruction of records 
and clarifying when test protocols are considered education records.
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Part C--Infants and Toddlers With Disabilities

Section 636--Individualized Family Service Plan

Topic Addressed: Early Intervention Programs
     Letters dated November 4, 2005 to Florida State Department 
of Health Bureau Chief for Early Interventions Janice Kane, Louisiana 
Office of Public Health Children's Special Health Services Program 
Manager Linda Pippins, and Mississippi Department of Health First Steps 
Early Intervention Program Coordinator Danita Munday, regarding 
challenges faced by these States in meeting the early intervention 
needs of infants and toddlers with disabilities and their families in 
the wake of Hurricane Katrina, clarifying the parent consent, interim 
individualized family service plan, residency, natural environments, 
and personnel standards requirements under Part C of IDEA; and 
informing these States of a specific extension of the timeline for 
submission of the SPP granted pursuant to the Secretary's transition 
authority in section 303 of the Individuals with Disabilities Education 
Improvement Act of 2004.

PDF (174K) | Word (30K)

November 4, 2005 to Louisiana Office of Public Health Children's Special Health Services Program Manager Linda Pippins.
TOPIC ADDRESSED: Early Intervention Programs
SECTION OF IDEA: Part C — Infants and Toddlers with Disabilities; Section 615 — Procedural Safeguards
PDF (166K) | Word (27K)

November 4, 2005 to Mississippi Department of Health First Steps Early Intervention Program Coordinator Danita Munday.
TOPIC ADDRESSED: Early Intervention Programs
SECTION OF IDEA: Part C — Infants and Toddlers with Disabilities; Section 615 — Procedural Safeguards
PDF (132K) | Word (25K)

Title III--Miscellaneous Provisions

Section 303--Secretary's Transition Authority

Topic Addressed: Smooth Transition to the Implementation of the 2004 
Amendments To the Idea
     Letter dated October 25, 2005 to Texas Education Agency 
Idea Coordinator Kathy Clayton, regarding requests for waivers of 
certain IDEA requirements and extensions of required timelines for 
submission of the SPP in the wake of Hurricane Katrina.
PDF (95K)  Word (24K)

Other Letters That Do Not Interpret the Idea But May Be of Interest to 
Readers

Topic Addressed: No Child Left Behind Act of 2001
     Letter dated October 21, 2005 to Chief State School 
Officers, regarding the highly qualified teacher (HQT) provisions of 
the No Child Left Behind Act of 2001 (NCLB) and the elements the 
Department will use in determining if a State is implementing the law 
and making a good faith effort to reach the HQT goal.
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     Letter dated December 14, 2005 to Chief State School 
Officers, permitting States to develop assessments under NCLB based on 
modified achievement standards that are aligned with grade-level 
content standards for a second year in order to determine adequate 
yearly progress for students with disabilities under Title I of the 
Elementary and Secondary Education Act of 1965, as Amended.
Topic Addressed: Protection of Education Records
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     Letter dated October 7, 2005 to Virginia Attorney B. Alan 
McGraw, Esq., from Family Policy Compliance Office Director LeRoy S. 
Rooker, clarifying that FERPA would not permit unauthorized individuals 
to access a student records management system.
HTML

CY2005 -- THIRD QUARTER Federal Register Notice:

Office of Special Education and Rehabilitative Services List of Correspondence from July 1, 2005 through September 30, 2005.
HTML . PDF (39K)

July 25, 2005 to Dear Colleague.
TOPIC ADDRESSED: State Administration
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations.

    [cir] Dear Colleague letter dated July 25, 2005, advising States 
that the Department is invoking its transition authority under section 
303 of IDEA, which terminates on December 3, 2005, to give States more 
time to ensure that their interagency agreements are current before the 
new restriction added to section 611(e)(1) of IDEA on use of Part B 
funds for State administration takes effect.

PDF (109K) | Word (25K)

September 21, 2005 to Texas Commissioner of Education Shirley Neeley.
TOPIC ADDRESSED: Evaluation
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility.

    [cir] Letter dated September 21, 2005 to Texas Commissioner of 
Education Shirley Neeley, regarding steps that the Department has taken 
to address educational challenges for displaced students resulting from 
Hurricane Katrina and advising the Texas Education Agency on how to 
ensure timely completion of evaluations of children suspected of having 
a disability in districts enrolling a significant number of displaced 
students.

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August 9, 2005 to Virgin Islands Educational Consultant Eleanor Hirsh
TOPIC ADDRESSED: Evaluation
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

    [cir] Letter dated August 9, 2005 to Virgin Islands Educational 
Consultant Eleanor Hirsh, providing an explanation regarding new 
requirements relating to (1) pre-referral activities and timeliness of 
referrals for initial evaluation to determine eligibility for special 
education and related services; (2) use of evaluations conducted under 
Part C of IDEA to determine eligibility under Part B of IDEA; and (3) 
placement options for preschool-aged children with disabilities.

PDF (183K) | Word (35K)

September 21, 2005 to Louisiana Superintendent of Education Cecil J. Picard.
TOPIC ADDRESSED: Maintenance of State Financial Support
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility

    [cir] Letter dated September 21, 2005 to Louisiana Superintendent 
of Education Cecil J. Picard, regarding the steps the Department is 
taking to assist the State and school districts in educating displaced 
students as a result of Hurricane Katrina and informing the State the 
Department will waive the State-level maintenance of effort requirement 
as permitted under section 612(a)(18)(C) of IDEA.

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September 26, 2005 to Hawaii Department of Education Special Education Director Dr. Paul Ban.
TOPIC ADDRESSED: Charter Schools
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 613 - Local Educaitonal Agency Eligibility

    [cir] Letter dated September 13, 2005 to Hawaii Department of 
Education Special Education Director Dr. Paul Ban, regarding the 
requirements of Part B of IDEA that are applicable to public charter 
schools under Hawaii's unitary school system.

PDF (243K) | Word (46K)

July 28, 2005 to Charlotte-Mecklenburg, North Carolina Commissioner Bill James.
TOPIC ADDRESSED: Student Discipline
SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 615 - Procedural Safeguards

    [cir] Letter dated July 28, 2005 to Charlotte-Mecklenburg, North 
Carolina Commissioner Bill James, regarding requirements applicable to 
disciplining students with disabilities.

SPECIAL EDUCATION & REHABILITATIVE SERVICES

Second Quarter 2005 OSEP Policy Documents on the Education of Infants, Toddlers, Children, and Youth with Disabilities CY2005 -- SECOND QUARTER Federal Register Notice: Office of Special Education and Rehabilitative Services List of Correspondence from April 1, 2005 through June 30, 2005. HTML PDF Format (39K) June 20, 2005 to New York State Education Department Deputy Commissioner Dr. Rebecca Cort. TOPIC ADDRESSED: Allocation of Funds SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants Letter dated June 20, 2005 to New York State Education Department Deputy Commissioner Dr. Rebecca Cort, clarifying that the New York State Education Department may not require its local educational agencies (LEAs) to pass through Part B funds to private providers or counties in the form of a suballocation required under New York law, but that at an LEA's discretion, disbursements may be made to cover the cost of providing special education and related services to individual students with disabilities. PDF format (63K) MS Word format (22K) May 5, 2005 to Guam Associate Superintendent of Education Vincent T. Leon Guerrero. TOPIC ADDRESSED: Use of Funds SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations Letter dated May 5, 2005 to Guam Associate Superintendent of Education Vincent T. Leon Guerrero, clarifying that Part B funds may be used to purchase mini buses equipped with wheelchair lifts operated solely to provide transportation services for eligible students with disabilities. PDF format (79K) MS Word format (23K) April 5, 2005 to Louisiana Department of Education Superintendent of Education Cecil J. Picard. TOPIC ADDRESSED: Use of Funds SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations Letter dated April 5, 2005 to Louisiana Department of Education Superintendent of Education Cecil J. Picard, approving the State's request to use Part B funds to purchase computer equipment and software to improve educational services for students with disabilities in the State's residential programs. PDF format (253K) MS Word format (31K) June 27, 2005 OSEP Memorandum 05-09 TOPIC ADDRESSED: Children With Disabilities Placed in Private Schools by Their Parents SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility Office of Special Education Programs Memorandum 05-09 dated June 27, 2005 to Chief State School Officers, regarding significant statutory changes made by IDEA 2004 governing the obligations of LEAs to parentally-placed private school children with disabilities attending private schools in the LEA's area of jurisdiction and announcing that for the 2005-06 school year only, the Secretary will allow States and LEAs to use the best available data in calculating the proportionate amount of Federal funds to be expended on services for parentally-placed private school children with disabilities, in lieu of conducting new child counts. PDF format (168K) MS Word format (27K) June 22, 2005 to New Mexico Public Education Department Director of Special Education Denise Koscielniak. TOPIC ADDRESSED: Participation of Children With Disabilities in State and District-Wide Assessments SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 612 - State Eligibility Letter dated June 22, 2005 to New Mexico Public Education Department Director of Special Education Denise Koscielniak, clarifying that IDEA requirements governing the participation of children with disabilities in State and districtwide assessments are applicable to New Mexico's kindergarten screening program. PDF format (127K) MS Word format (27K) June 3, 2005 to Arizona Attorney Mary Ellen Simonson. TOPIC ADDRESSED: Charter Schools SECTION OF IDEA: Part B - Assistance for Education of All Children With Disabilities; Section 613 - Local Educational Agency Eligibility Letter dated June 3, 2005 to Arizona Attorney Mary Ellen Simonson, regarding the Department's audit determination that for- profit charter schools are not eligible to receive funds under IDEA or Title I Part A of the Elementary and Secondary Education Act. PDF format (280K) MS Word format (33K) June 7, 2005 to Washington Infant and Toddler Early Intervention Program Director Sandy L. Morris. TOPIC ADDRESSED: Natural Environments SECTION OF IDEA: Part C - Infants and Toddlers With Disabilities; Section 636 - Individualized Family Service Plan Letter dated June 7, 2005 to Washington Infant and Toddler Early Intervention Program Director Sandy L. Morris, regarding the natural environments requirements in Part C of IDEA, and clarifying that IDEA 2004 continues the Department's longstanding interpretation that early intervention services must be provided in a natural environment, unless a written justification exists for providing these services in other settings. PDF format (127K) MS Word format (27K)