[Federal Register: May 7, 1999 (Volume 64, Number 88)]
[Rules and Regulations]               
[Page 24861-24863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 24861]]


Part IV

Department of Education


34 CFR Part 300

Assistance to States for the Education of Children With Disabilities; 
Final Rule

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34 CFR Part 300

RIN 1820-AB40

Assistance to States for the Education of Children With 

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

ACTION: Final regulations; preamble amendment.


SUMMARY: The Department of Education published in the Federal Register 
on March 12, 1999 (64 FR 12406), the final regulations for Assistance 
to States for the Education of Children with Disabilities and Early 
Intervention Program for Infants and Toddlers with Disabilities. The 
preamble to the final regulations did not include information 
concerning the biennial performance report. This document supplements 
the preamble of that document by adding the necessary information:

FOR FURTHER INFORMATION CONTACT: Joleta Reynolds, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 3090, Mary E. Switzer 
Building, Washington, DC 20202. Individuals who use a 
telecommunications device for the deaf (TDD) may call (202) 205-5465 or 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 
8:00 a.m. and 8:00 p.m., Eastern time, Monday through Friday, except 
Federal holidays.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 

SUPPLEMENTARY INFORMATION: The following information addresses the 
biennial performance report:

Paperwork Reduction Act of 1995

    Sections 300.137-300.139 and 300.146 contain information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), the Department of Education has submitted a copy of 
these sections to the Office of Management and Budget (OMB) for its 
    Collection of Information: Biennial Performance Report for Part B 
of the Individuals with Disabilities Education Act, Secs. 300.137-
300.139 and 300.146.
    Each State educational agency is required to establish goals for 
the performance of children with disabilities in that State, and 
establish performance indicators the State will use to assess progress 
toward achieving those goals. The statute mandates that States report 
every two years to the Secretary the progress of the State, and of 
children with disabilities in the State, toward meeting the State's 
    State educational agencies are required by statute to make reports 
available to the public regarding the number of children with 
disabilities who participate in regular assessments, and the number 
participating in alternate assessments. In the biennial performance 
report, State educational agencies are asked to provide the U.S. 
Department of Education with a copy of these reports.
    In addition, the statute requires States to examine data to 
determine if significant discrepancies are occurring in the rate of 
long-term suspensions and expulsions of children. Since this 
information is relevant to drop-out rates for children with 
disabilities and graduation rates for children with disabilities, this 
information is included in the biennial performance report.
    The statute also requires States to submit data to the Secretary to 
determine if a significant disproportionality based on race is 
occurring in the State with respect to the identification of children 
with disabilities. To reduce the reporting burden for States, this 
separate reporting requirement is combined with the biennial 
performance report.
    The annual reporting and recordkeeping burden for this collection 
of information is estimated to average 20 hours biennially for each 
response for 58 respondents, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection information. Thus, the total annual reporting and 
recordkeeping burden for this collection is estimated to be 580 hours.
    Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Office of 
Information and Regulatory Affairs, OMB, room 10235, New Executive 
Office Building, Washington, DC 20503; Attention: Desk Officer for U.S. 
Department of Education.
    The Department considers comments by the public on these proposed 
collections of information in--
    * Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
    * Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
    * Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
    * Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology; e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the collections of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication.

Electronic Access to This Document

    You may review 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 World Wide Web at either of the 
following sites:


To use the PDF you must have the Adobe Acrobat Reader Program with 
Search, which is available free at either of the previous sites. If you 
have questions about using the PDF, call the U.S. Government Printing 
Office (GPO) at (202) 512-1530 or, toll free at 1-888-293-6498.

    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:


List of Subjects in 34 CFR Part 300

    Administrative practice and procedure, Education of individuals 
with disabilities, Elementary and secondary education, Equal 
educational opportunity, Grant programs-- education, Privacy, Private 
Schools, Reporting and recordkeeping requirements.

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

[[Page 24863]]

    Dated: April 30, 1999.
Judith E. Heumann,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 99-11321 Filed 5-6-99; 8:45 am]