[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40683-40684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14720]


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DEPARTMENT OF EDUCATION


List of Correspondence From October 1, 2014, Through December 31, 
2014

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice.

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SUMMARY: The Secretary is publishing the following list of 
correspondence from the U.S. Department of Education (Department) 
received by individuals during the fourth quarter of 2014. The 
correspondence describes the Department's interpretations of the 
Individuals with Disabilities Education Act (IDEA) or the regulations 
that implement the IDEA. This list and the letters or other documents 
described in this list, with personally identifiable information 
redacted, as appropriate, can be found at: http://www2.ed.gov/policy/speced/guid/idea/index.html.

FOR FURTHER INFORMATION CONTACT: Jessica Spataro or Mary Louise 
Dirrigl. Telephone: (202) 245-7605.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), you can call the Federal Relay Service (FRS), toll 
free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of this list and 
the letters or other documents described in this list in an accessible 
format (e.g., Braille, large print, audiotape, or compact disc) by 
contacting Jessica Spataro or Mary Louise Dirrigl at (202) 245-7605.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from October 1, 2014, through December 31, 
2014. Under section 607(f) of the IDEA, the Secretary is required to 
publish this list quarterly in the Federal Register. The list includes 
those letters that contain interpretations of the requirements of the 
IDEA and its implementing regulations, as well as letters and other 
documents that the Department believes will assist the public in 
understanding the requirements of the law. The list identifies the date 
and topic of each letter and provides summary information, as 
appropriate. To protect the privacy interests of the individual or 
individuals involved, personally identifiable information has been 
redacted, as appropriate.

Part B--Assistance for Education of All Children With Disabilities

Section 602--Definitions

Topic Addressed: Child With a Disability
    [cir] Letter dated November 12, 2014, to Maryland attorney Michelle 
Kotler, regarding criteria used by some States to identify children 
with ``visual impairment or blindness,'' a term defined in Part B of 
the IDEA.

Section 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Dear Colleague Letter dated November 12, 2014, and 
accompanying Frequently Asked Questions document, issued jointly by the 
Department's

[[Page 40684]]

Office for Civil Rights and Office of Special Education and 
Rehabilitative Services, and the U.S. Department of Justice's Civil 
Rights Division, explaining the interplay between requirements in Part 
B of the IDEA governing the provision of a free appropriate public 
education and the requirements in Title II of the Americans with 
Disabilities Act governing effective communication with students with 
hearing, vision, or speech disabilities in public elementary and 
secondary schools.
    [cir] Dear Colleague Letter dated December 5, 2014, regarding the 
requirements in Part B of the IDEA that apply to the education of 
students with disabilities in correctional facilities.
Topic Addressed: Methods of Ensuring Services
    [cir] Letter dated February 10, 2014,\1\ to Connecticut Department 
of Social Services official Jennifer Pardus, regarding the requirements 
in Part B of the IDEA that public agencies must follow prior to 
accessing a child's or parent's public benefits or insurance for the 
first time.
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    \1\ This February 10, 2014, letter was inadvertently omitted 
from the first quarter List of Correspondence covering January 1, 
2014, through March 31, 2014.
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Topic Addressed: State Educational Agency General Supervisory Authority
    [cir] Letter dated November 3, 2014, to Maine Disability Rights 
Center staff attorney Atlee Reilly, clarifying that there is no 
requirement to assign burden of proof under the State complaint 
procedures in Part B of the IDEA.
Topic Addressed: Maintenance of State Financial Support
    [cir] Letter dated December 17, 2014, to Illinois State Board of 
Education State Superintendent of Education Christopher Koch, regarding 
the requirements in Part B of the IDEA relating to maintenance of State 
financial support for special education and related services.

Section 614--Evaluations, Eligibility Determinations, Individualized 
Education Programs, and Educational Placements

Topic Addressed: Reevaluations
    [cir] Letter dated November 12, 2014, to educator Tracy Blodgett, 
regarding whether a child whose hearing loss was medically or 
surgically corrected could still meet the eligibility criteria as a 
``child with a disability'' under Part B of the IDEA.

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

    [cir] Dear Colleague Letter dated November 12, 2014, issued jointly 
by the Department's Office for Civil Rights and the U.S. Department of 
Justice Civil Rights Division, regarding the application of Federal 
civil rights requirements to the education of students in juvenile 
justice residential facilities.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: June 16, 2016.
Sue Swenson,
Acting Assistant Secretary for Special Education and Rehabilitative 
Services.
[FR Doc. 2016-14720 Filed 6-21-16; 8:45 am]
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