[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Page 56635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22618]



List of Correspondence From January 1, 2012, Through March 31, 

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

ACTION: Notice.


SUMMARY: The Secretary is publishing the following list of 
correspondence from the U.S. Department of Education (Department) to 
individuals during the previous quarter. The correspondence on this 
list 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: www2.ed.gov/policy/speced/guid/idea/index.html.

FOR FURTHER INFORMATION CONTACT: Jessica Spataro or Mary Louise 
Dirrigl. Telephone: (202) 245-7468.
    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 Departmental 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) 

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from January 1, 2012, through March 31, 
2012. 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, and it may also include 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 it 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 612--State Eligibility

Topic Addressed: Free Appropriate Public Education
    [cir] Letter dated February 29, 2012, to individuals (personally 
identifiable information redacted), regarding the obligation to make a 
free appropriate public education available to all eligible children 
with disabilities, including children with ``high cognition'' who meet 
the State's academic achievement standards.
Topic Addressed: Least Restrictive Environment
    [cir] Dear Colleague Letter dated February 29, 2012, reiterating 
that the least restrictive environment requirements in Part B of the 
IDEA apply to the placement of preschool children with disabilities.

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

Topic Addressed: Initial Evaluations
    [cir] Letter dated February 29, 2012, to Association for 
Neurologically Impaired Children Executive Director Philip Ferrara, 
regarding the relationship between a process based on the child's 
response to scientific, research-based intervention and the evaluation 
requirements in Part B of the IDEA.
Topic Addressed: Individualized Education Programs
    [cir] Letter dated March 7, 2012, to individual (personally 
identifiable information redacted), regarding individualized education 
program and placement requirements and applicable due process 
procedures in Part B of the IDEA.

Section 615--Procedural Safeguards

Topic Addressed: Impartial Due Process Hearings
    [cir] Letter dated February 9, 2012, to School Law Center LLC, 
attorneys Amy Goetz and Atlee Reilly, regarding the right of a parent 
of a child with a disability to request a due process hearing under 
Minnesota law.
    [cir] Letter dated February 16, 2012, to Minnesota Department of 
Education Commissioner Brenda Cassellius, regarding the explanation in 
Minnesota's notice of procedural safeguards of a parent's opportunity 
to request a due process hearing under Minnesota law.

Part C--Infants and Toddlers With Disabilities

Section 634--Eligibility

Topic Addressed: State Residency Requirements
    [cir] Letter dated March 28, 2012, to individual (personally 
identifiable information redacted), regarding how State residency 
requirements may be implemented consistent with Part C of the IDEA.
    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 Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
    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: September 10, 2012.
Michael Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
[FR Doc. 2012-22618 Filed 9-12-12; 8:45 am]