[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Pages 16664-16665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06183]



List of Correspondence From October 1, 2012, Through December 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 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: Jill Harris or Mary Louise Dirrigl. 
Telephone: (202) 245-7453.
    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 Jill Harris or Mary Louise Dirrigl at (202) 245-7453.

    The following list identifies correspondence from the Department 
issued from October 1, 2012, through December 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: Least Restrictive Environment
    [cir] Letter dated December 4, 2012, to Texas Education Agency 
General Counsel David Anderson, regarding how the least restrictive 
environment requirements in Part B of the IDEA apply to local 
educational agencies (LEAs) when children with disabilities ages 16 
through 18 who have dropped out of high school choose to enroll in the 
National Guard Youth Challenge Program.
Topic Addressed: Children in Private Schools
    [cir] Letter dated November 7, 2012 to Advocate's Legal Clinic 
attorney Michael Boswell, reiterating the Department's previous 
guidance regarding the requirements in Part B of the IDEA that apply to 
children with disabilities enrolled by their parents in private schools 
through a State funded scholarship program.

Section 613--Local Educational Agency Eligibility

Topic Addressed: Use Of Federal Funds
    [cir] Letter dated November 14, 2012, to University of Maine--
Farmington, Chair of the Division of Rehabilitation Services and 
Special Education, Dr. Rick Dale, regarding an LEA's use of funds under 
Part B of the IDEA for coordinated early intervening services.

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

Topic Addressed: Initial Evaluations
    [cir] Letter dated November 20, 2012, to New York State

[[Page 16665]]

    Education Department officials, Pat Geary and James P. DeLorenzo, 
regarding difficulties faced by LEAs in meeting the initial evaluation 
and other relevant timelines in Part B of the IDEA due to the emergency 
situation caused by Hurricane Sandy.

Section 615--Procedural Safeguards

Topic Addressed: Impartial Due Process Hearings
    [cir] Letter dated November 7, 2012, to Texas attorney Dorene 
Philpot, regarding whether certain Texas' due process procedural rules 
are consistent with Part B of the IDEA.
    [cir] Letter dated November 30, 2012, to New Jersey attorneys 
Judith A. Gran and Catherine Merino Reisman, regarding State criteria 
governing the attendance of certain LEA employees at a due process 
hearing when the parent chooses not to open the hearing to the public.
Topic Addressed: Maintenance of Current Educational Placement
    [cir] Letter dated October 18, 2012, to New York attorney Steven L. 
Goldstein, regarding the requirement to maintain a child's current 
educational placement during the pendency of administrative or judicial 
proceedings brought under Part B of the IDEA.

Part C--Infants and Toddlers With Disabilities

Section 639--Procedural Safeguards

Topic Addressed: Early Intervention Records
    [cir] Letter dated December 7, 2012, from the Department's Family 
Policy Compliance Office to District of Columbia Office of the State 
Superintendent of Education Assistant Attorney General Carmela N. 
Edmunds, regarding the status of early intervention records of infants 
and toddlers with disabilities under 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: March 12, 2013.
Michael Yudin,
Acting Assistant Secretary for Special Education and Rehabilitative 
[FR Doc. 2013-06183 Filed 3-15-13; 8:45 am]