[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29706-29707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10542]


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DEPARTMENT OF EDUCATION


List of Correspondence From January 1, 2019, Through March 31, 
2020

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 all four quarters of calendar year 2019 
and the first quarter of calendar year 2020. The correspondence 
describes the Department's interpretations of the Individuals with 
Disabilities Education Act (IDEA) or the regulations that implement 
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, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 5112, Potomac Center Plaza, 
Washington, DC 20202-2500. Telephone: (202) 245-6493. Email: 
[email protected].
    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 at (202) 245-6493.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
for five quarters, January 1, 2019, through March 31, 2020. Under 
section 607(f) of 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 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.

2019--First Quarter Letters
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
SECTION 612--STATE ELIGIBILITY
TOPIC ADDRESSED: CHILD FIND

    [cir] Letter dated January 29, 2019, to District of Columbia Public 
Schools, Non-Public Unit Director, Joshua Wayne, regarding local 
educational agencies' (LEAs) obligation to provide a free appropriate 
public education (FAPE) to children with disabilities parentally placed 
in private school.

TOPIC ADDRESSED: FAPE

    [cir] Letter dated January 29, 2019, to Legal Aid Society of Palm 
Beach County, Melissa Duncan, regarding whether a department of 
corrections fails to provide FAPE under IDEA when it only offers 
students the ability to graduate with a General Education Development 
credential.

SECTION 614--EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED 
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
TOPIC ADDRESSED: EVALUATION PROCEDURES

    [cir] Letter dated January 29, 2019, to Pennsylvania attorney Perry 
A. Zirkel, answering a series of questions about response to 
intervention and multi-tiered systems of support.

TOPIC ADDRESSED: INDIVIDUALIZED EDUCATION PROGRAMS (IEPs)

    [cir] Letter dated February 21, 2019, to California attorney 
Lawrence Siegel, addressing several questions about a child with a 
disability who transfers to a new LEA during the summer.

TOPIC ADDRESSED: EVALUATIONS, PARENTAL CONSENT, AND REEVALUATIONS

    [cir] Letter dated February 22, 2019, to Oakland Schools, Executive 
Director for Special Populations, Karen J. Olex, regarding parental 
consent prior to conducting transition assessments.

SECTION 615--PROCEDURAL SAFEGUARDS
TOPIC ADDRESSED: PROTECTIONS FOR CHILDREN NOT YET ELIGIBLE FOR SPECIAL 
EDUCATION AND RELATED SERVICES

    [cir] Letter dated January 29, 2019, to New York Office of Legal 
Services, Executive Deputy Counsel for Risk Management and Litigation, 
Judy Nathan, clarifying several questions on the protections of 
children not yet determined eligible for special education and related 
services under IDEA.

2019--Second Quarter Letters
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
SECTION 614--EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED 
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
TOPIC ADDRESSED: IEPs

    [cir] Letter dated May 2, 2019, to Massachusetts advocate Craig 
Haller, regarding IEP Team membership.

TOPIC ADDRESSED: EVALUATIONS AND REEVALUATIONS

    [cir] Letter dated May 2, 2019, to California attorney Brittany N. 
Mills, addressing a series of questions about functional vision 
assessments.

SECTION 615--PROCEDURAL SAFEGUARDS
TOPIC ADDRESSED: INDEPENDENT EDUCATIONAL EVALUATIONS

    [cir] Letter dated May 2, 2019, to Pennsylvania attorney Perry A. 
Zirkel, addressing a series of questions about independent educational 
evaluations.

TOPIC ADDRESSED: IMPARTIAL DUE PROCESS HEARINGS

    [cir] Letter dated May 13, 2019, to Pennsylvania attorney Perry A. 
Zirkel, addressing a series of questions about State complaint and due 
process hearing procedures.

2019--Third Quarter Letters
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
SECTION 612--STATE ELIGIBILITY
TOPIC ADDRESSED: STATE EDUCATIONAL AGENCY (SEA) GENERAL SUPERVISORY 
AUTHORITY


[[Page 29707]]


    [cir] Letter dated July 3, 2019, to Pennsylvania attorney Perry A. 
Zirkel, addressing a series of questions regarding an SEA's complaint 
procedures process, in particular, about enforcement actions and 
resolution of State complaints.

TOPIC ADDRESSED: FAPE

    [cir] Letter dated September 9, 2019, to California attorney Jill 
C. Rowland, addressing a series of questions about FAPE provided at a 
preschool day program.

SECTION 614--EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED 
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
TOPIC ADDRESSED: IEPs

    [cir] Letter dated September 9, 2019, to individual (personally 
identifiable information redacted), regarding the attendance of a 
transition aged student with a disability at the student's IEP meeting 
where the results of assessments will be discussed.

2019--Fourth Quarter Letters
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
SECTION 612--STATE ELIGIBILITY
TOPIC ADDRESSED: SEA GENERAL SUPERVISORY AUTHORITY

    [cir] Letter dated October 23, 2019, to individual (personally 
identifiable information redacted), regarding compensatory education 
when a family relocates to a different State.

SECTION 614--EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED 
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS
TOPIC ADDRESSED: IEPs

    [cir] Letter dated November 22, 2019, to Colorado attorney Michael 
Breeskin, regarding parental involvement in the placement decisions for 
children with disabilities.

2020--First Quarter--No letters

    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
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    You may also access documents of the Department published in the 
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www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Mark Schultz,
Commissioner, Rehabilitation Services Administration. Delegated the 
authority to perform the functions and duties of the Assistant 
Secretary for the Office of Special Education and Rehabilitative 
Services.
[FR Doc. 2020-10542 Filed 5-15-20; 8:45 am]
 BILLING CODE 4000-01-P