Office of Special Education and Rehabilitative Services; List of Correspondence, 12857-12858 [05-5157]

Download as PDF Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices device for the deaf (TDD), you may call the Federal Information Relay Service (FIRS) at 1–800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape or computer diskette) on request to the contact person listed in the preceding paragraph. Electronic Access to This Document You may 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) on the Internet at the following site: http://www.ed.gov/ news/fedregister. To use the PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area (202) 512–1530. Note: 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 on GPO access at: http://www.gpoaccess.gov/ nara.index.html. Authority: 5 U.S.C. 552a; Pub. L. 100–503. Dated: March 11, 2005. Theresa S. Shaw, Chief Operating Officer, Federal Student Aid. [FR Doc. 05–5233 Filed 3–15–05; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; List of Correspondence Department of Education. ACTION: List of Correspondence from October 1, 2004 through December 31, 2004. AGENCY: SUMMARY: The Secretary is publishing the following list pursuant to section 607(d) of the Individuals with Disabilities Education Act, as amended (IDEA). Under section 607(d) of the IDEA, the Secretary is required, on a quarterly basis, to publish in the Federal Register 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 (Department) of the IDEA or the regulations that implement the IDEA. FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds. Telephone: (202) 245–7459 (press 3). VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1– 800–877–8339. Individuals with disabilities may obtain a copy of this notice in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact persons listed under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: The following list identifies correspondence from the Department issued from October 1, 2004 through December 31, 2004. Included on the list are 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 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. Pursuant to the effective dates set forth in section 302 of the Individuals with Disabilities Education Improvement Act of 2004 (the Act), which amended and reauthorized the IDEA, the changes in IDEA that were made by the Act, with certain enumerated exceptions, will take effect on July 1, 2005. Accordingly, statutory citations in this list, as well as those contained in the letters referenced in this list, refer to the provisions of the IDEA that were in effect at the time the letters were issued. Part A, General Provision Section 605—Acquisition of Equipment; Construction or Alteration of Facilities Topic Addressed: Construction or alteration of facilities. Æ Letter dated October 25, 2004 to Commonwealth of the Northern Mariana Islands Commissioner of Education Rita Hocog Inos, regarding the general principles for determining whether expenditures for construction of new facilities or alteration of existing facilities are allowable under the IDEA. Part B—Assistance for Education of All Children With Disabilities Section 611—Authorization; Allotment; Use of Funds; Authorization of Appropriations Topic Addressed: Use of funds. Æ Letter dated November 10, 2004 to New Hampshire Disabilities Rights PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 12857 Center Executive Director Richard A. Cohen, regarding the use of grants to local educational agencies (LEAs) for capacity building and improvement and funds retained by the State for State level activities to pay for expenses related to statewide assessments for grades three, six, and ten. Topic Addressed: Part B Grant Awards. Æ OSEP memorandum 05–01 dated October 1, 2004 to Chief State School Officers and State Directors of Special Education, transmitting additional Part B Grant Awards under Section 611 of IDEA that became available on October 1, 2004 and clarifying that any special conditions that applied to Part B funds that became available on July 1, 2004 also apply to these additional funds. Section 612—State Eligibility Topic Addressed: Free appropriate public education. Æ Letter dated November 3, 2004 to Advocate Louis H. Geigerman, regarding the provision of physical therapy and occupational therapy as a related service for students with disabilities under Part B of IDEA. Topic Addressed: Local educational agency compliance. Æ Letter dated October 28, 2004 to Interim Illinois State Superintendent of Education Randy J. Dunn, regarding (1) procedures that a State educational agency (SEA) must follow in withholding funds under Part B of IDEA from an LEA or State agency that is not in compliance with a requirement of Part B of IDEA, including the right of the affected LEA or State agency to a hearing before the SEA terminates funds, and (2) how an SEA can satisfy its obligation to provide direct services to students with disabilities under Part B of IDEA. Topic Addressed: State educational agency general supervisory authority. Æ Letter dated December 20, 2004 to New Jersey Commissioner of Education William L. Librera, reiterating the Department’s position that the New Jersey Department of Education must afford parents of children with disabilities living in New Jersey and attending school in New York under a contract between New Jersey and New York school districts access to New Jersey’s due process procedures and clarifying applicable procedures if parents request changes to educational programs for children with disabilities who live in New Jersey and attend school in New York. E:\FR\FM\16MRN1.SGM 16MRN1 12858 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements Topic Addressed: Individualized education programs. Æ Letter dated December 15, 2004 to Utah State Director of Special Education Karl A. Wilson, responding to the State’s interpretation of Utah State Office of Education Special Education Rule III.I.10, regarding documentation of accommodations necessary for students to have access to regular education, and clarifying that those accommodations must be included in the individualized education programs of students with disabilities who are eligible for services under Part B of IDEA. Topic Addressed: Educational placements. Æ Letter dated November 3, 2004 to Ohio Attorney Helen S. Carroll, regarding grade level assignments for students with disabilities and clarifying that Part B of IDEA does not address whether a child has a right to experience each grade level in sequence. Other Letters That Do Not Interpret the IDEA But May Be of Interest to Readers Topic Addressed: Confidentiality. Æ Letter dated November 18, 2004 to Tennessee Department of Education Policy Analyst Matthew J. Pepper from Family Policy Compliance Office Director LeRoy S. Rooker, regarding the applicability of the Family Educational Rights and Privacy Act to the release of student level records to researchers and clarifying that education records, with the removal of all personally identifiable information, may be released without prior consent. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/ news/fedregister/index.html. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. Note: 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 on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 (Catalog of Federal Domestic Assistance Number 84.027, Assistance to States for Education of Children with Disabilities) Dated: March 11, 2005. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 05–5157 Filed 3–15–05; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency information collection activities: proposed collection; comment request. AGENCY: SUMMARY: The DOE is soliciting comments on the proposed revisions and three-year extension to EIA–417, ‘‘Emergency Incident and Disturbance Report.’’ (The revised Form, sponsored by DOE’s Office of Electricity and Energy Assurance, (EEA) will be renumbered as the EEA–417, ‘‘Emergency Incident and Disturbance Report.’’) Comments must be filed by May 16, 2005. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Alice Lippert, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585–0690. Alternatively, Ms. Lippert may be contacted by telephone at (202) 586– 9600, FAX at (202) 586–2623, or e-mail at alice.lippert@hq.doe.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of forms and instructions should be directed to Ms. Lippert at the address listed above. SUPPLEMENTARY INFORMATION: DATES: I. Background II. Current Actions III. Request for Comments I. Background The Federal Power Act (16 U.S.C. 791a et seq.) authorizes the DOE to collect information on the generation, distribution, and transmission of electric energy. The DOE collects information on emergency situations in electric energy supply systems so that appropriate Federal emergency response PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 measures can be implemented in a timely and effective manner. The DOE, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of energy information. Any comments received help the DOE to prepare data requests that maximize the utility of the information collected, and to assess the impact of collection requirements on the public. Also, the DOE will later seek approval by the Office of Management and Budget (OMB) under section 3507(a) of the Paperwork Reduction Act of 1995. The purpose of this notice is to seek public comment on the revised Form EEA–417 used to report electric emergency incidents and disturbances to the DOE. The Form EEA–417 reports will enable the Department to monitor electric emergency incidents and disturbances in the United States (including all 50 States, the District of Columbia, Puerto Rico, U.S. Virgin Islands, and the U.S. Trust Territories) so Government may help prevent the physical or virtual disruption of the operation of any critical infrastructure. Currently, DOE’s Office of Electricity and Energy Assurance (EEA) uses Form EIA–417, ‘‘Emergency Incident and Disturbance Report,’’ to monitor major system incidents on electric power systems and to conduct after-action investigations on significant interruptions of electric power. The information is used to meet DOE national security responsibilities and requirements contained in the National Response Plan. The information may also be used in developing legislative recommendations and reports to Congress; and coordinating Federal efforts regarding activities such as incidents/disturbances in critical infrastructure protection; continuity of electric industry operations; and the continuity of operations of the government. The information submitted may also be used by the Department’s Office of Policy and International Affairs and the Energy Information Administration to analyze significant interruptions of electric power. II. Current Actions The DOE is proposing changing the form number from EIA–417 to EEA–417 to reflect the sponsorship of the form and to revise the reporting requirements. The revisions include the following: (1) Identifying which electric emergency incidents must be reported, on which schedule, and how soon after E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[NOTIC]
[Pages 12857-12858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5157]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Office of Special Education and Rehabilitative Services; List of 
Correspondence

AGENCY: Department of Education.

ACTION: List of Correspondence from October 1, 2004 through December 
31, 2004.

-----------------------------------------------------------------------

SUMMARY: The Secretary is publishing the following list pursuant to 
section 607(d) of the Individuals with Disabilities Education Act, as 
amended (IDEA). Under section 607(d) of the IDEA, the Secretary is 
required, on a quarterly basis, to publish in the Federal Register 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 (Department) of the IDEA 
or the regulations that implement the IDEA.

FOR FURTHER INFORMATION CONTACT: Melisande Lee or JoLeta Reynolds. 
Telephone: (202) 245-7459 (press 3).
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain a copy of this notice in 
an alternative format (e.g., Braille, large print, audiotape, or 
computer diskette) on request to the contact persons listed under FOR 
FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: The following list identifies correspondence 
from the Department issued from October 1, 2004 through December 31, 
2004.
    Included on the list are 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 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. Pursuant to the effective dates set forth in section 302 
of the Individuals with Disabilities Education Improvement Act of 2004 
(the Act), which amended and reauthorized the IDEA, the changes in IDEA 
that were made by the Act, with certain enumerated exceptions, will 
take effect on July 1, 2005. Accordingly, statutory citations in this 
list, as well as those contained in the letters referenced in this 
list, refer to the provisions of the IDEA that were in effect at the 
time the letters were issued.

Part A, General Provision

Section 605--Acquisition of Equipment; Construction or Alteration of 
Facilities

    Topic Addressed: Construction or alteration of facilities.
    [cir] Letter dated October 25, 2004 to Commonwealth of the Northern 
Mariana Islands Commissioner of Education Rita Hocog Inos, regarding 
the general principles for determining whether expenditures for 
construction of new facilities or alteration of existing facilities are 
allowable under the IDEA.

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

Section 611--Authorization; Allotment; Use of Funds; Authorization of 
Appropriations

    Topic Addressed: Use of funds.
    [cir] Letter dated November 10, 2004 to New Hampshire Disabilities 
Rights Center Executive Director Richard A. Cohen, regarding the use of 
grants to local educational agencies (LEAs) for capacity building and 
improvement and funds retained by the State for State level activities 
to pay for expenses related to statewide assessments for grades three, 
six, and ten.
    Topic Addressed: Part B Grant Awards.
    [cir] OSEP memorandum 05-01 dated October 1, 2004 to Chief State 
School Officers and State Directors of Special Education, transmitting 
additional Part B Grant Awards under Section 611 of IDEA that became 
available on October 1, 2004 and clarifying that any special conditions 
that applied to Part B funds that became available on July 1, 2004 also 
apply to these additional funds.

Section 612--State Eligibility

    Topic Addressed: Free appropriate public education.
    [cir] Letter dated November 3, 2004 to Advocate Louis H. Geigerman, 
regarding the provision of physical therapy and occupational therapy as 
a related service for students with disabilities under Part B of IDEA.
    Topic Addressed: Local educational agency compliance.
    [cir] Letter dated October 28, 2004 to Interim Illinois State 
Superintendent of Education Randy J. Dunn, regarding (1) procedures 
that a State educational agency (SEA) must follow in withholding funds 
under Part B of IDEA from an LEA or State agency that is not in 
compliance with a requirement of Part B of IDEA, including the right of 
the affected LEA or State agency to a hearing before the SEA terminates 
funds, and (2) how an SEA can satisfy its obligation to provide direct 
services to students with disabilities under Part B of IDEA.
    Topic Addressed: State educational agency general supervisory 
authority.
    [cir] Letter dated December 20, 2004 to New Jersey Commissioner of 
Education William L. Librera, reiterating the Department's position 
that the New Jersey Department of Education must afford parents of 
children with disabilities living in New Jersey and attending school in 
New York under a contract between New Jersey and New York school 
districts access to New Jersey's due process procedures and clarifying 
applicable procedures if parents request changes to educational 
programs for children with disabilities who live in New Jersey and 
attend school in New York.

[[Page 12858]]

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

    Topic Addressed: Individualized education programs.
    [cir] Letter dated December 15, 2004 to Utah State Director of 
Special Education Karl A. Wilson, responding to the State's 
interpretation of Utah State Office of Education Special Education Rule 
III.I.10, regarding documentation of accommodations necessary for 
students to have access to regular education, and clarifying that those 
accommodations must be included in the individualized education 
programs of students with disabilities who are eligible for services 
under Part B of IDEA.
    Topic Addressed: Educational placements.
    [cir] Letter dated November 3, 2004 to Ohio Attorney Helen S. 
Carroll, regarding grade level assignments for students with 
disabilities and clarifying that Part B of IDEA does not address 
whether a child has a right to experience each grade level in sequence.

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

    Topic Addressed: Confidentiality.
    [cir] Letter dated November 18, 2004 to Tennessee Department of 
Education Policy Analyst Matthew J. Pepper from Family Policy 
Compliance Office Director LeRoy S. Rooker, regarding the applicability 
of the Family Educational Rights and Privacy Act to the release of 
student level records to researchers and clarifying that education 
records, with the removal of all personally identifiable information, 
may be released without prior consent.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister/index.html.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: 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 on GPO Access at: http://www.gpoaccess.gov/
nara/index.html.

(Catalog of Federal Domestic Assistance Number 84.027, Assistance to 
States for Education of Children with Disabilities)

    Dated: March 11, 2005.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 05-5157 Filed 3-15-05; 8:45 am]
BILLING CODE 4000-01-P