Notices. List of correspondence from April 1, 2004, through June 30, 2004

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BILLING CODE 5001-06-M DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services; List of Correspondence AGENCY: Department of Education. ACTION: List of correspondence from April 1, 2004, through June 30, 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 Information Relay Service

(FIRS)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 April 1, 2004, through June 30, 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 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. Part B—Assistance for Education of All Children With Disabilities Section 611—Authorization; Allotment; Use of Funds; Authorization of Appropriations Topic Addressed: Allocation of Grants • Letter dated April 28, 2004, to Massachusetts Department of Education State Director of Special Education Marcia Mittnacht clarifying that under Part B of the IDEA, States are required to collect child count data on the number of children with disabilities receiving special education and related services on December 1 or, at the State's discretion, the last Friday in October of that school year and that this requirement cannot be waived, so the State could not collect that data on October 1. Section 612—State Eligibility Topic Addressed: State Eligibility • Letter dated June 1, 2004, to Minnesota Department of Education Deputy Commissioner Chas Anderson, clarifying that under Part B of the IDEA, although a State educational agency

(SEA)may not establish specific State priorities and require all public agencies within the State to spend a portion of their flow-through funds in accordance with those priorities, the SEA must ensure that public agencies comply with the Part B requirements related to qualified personnel, transition, and the provision of a free appropriate public education, and the SEA must exercise its general supervisory responsibility to ensure compliance with all Part B requirements. Topic Addressed: State Educational Agency General Supervisory Authority • Letter dated May 26, 2004, to New Jersey Department of Education Commissioner William J. Librera, clarifying that the SEA is ultimately responsible for ensuring that all Part B requirements, including eligibility, evaluation, and procedural safeguards, are met for eligible children residing within the State, including those children served by a public agency other than a local educational agency. Topic Addressed: Maintenance of Effort • Letter dated May 27, 2004, to California Bureau of State Audits Deputy State Auditor Sylvia Hensley, regarding the use of single audits under the Single Audit Act Amendments of 1996 to review a State's compliance with the State-level maintenance of effort and non-supplanting requirements of Part B of the IDEA. Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements Topic Addressed: Educational Placements • Letter dated May 26, 2004, to Education Law Center Staff Attorney Shari A. Mamas, clarifying that neither the statute nor the regulations implementing the IDEA provide a general entitlement for parents of children with disabilities, or their professional representatives, to observe their children in any current or proposed educational placement and that the determination of who has access to classrooms may be addressed by State and/or local policy. Part C—Infants and Toddlers With Disabilities Section 632—Definitions Topic Addressed: Early Intervention Services • Letter dated April 28, 2004, to Illinois Department of Human Services Bureau of Early Intervention Chief Janet D. Gully, explaining regulations and other issues that should be taken into consideration when determining whether services provided after medical or surgical procedures are early intervention services that should be provided under Part C. 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 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: August 31, 2004. Troy R. Justesen, Acting Deputy Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. E4-2075 Filed 9-3-04; 8:45 am] BILLING CODE 4000-01-P ELECTION ASSISTANCE COMMISSION Sunshine Act Meeting AGENCY: United States Election Assistance Commission. ACTION: Technical Guidelines Development Committee (TGDC). Announcement of TGDC Subcommittee Public Meetings. DATE AND TIME: The subcommittee meetings will be held September 20th (Transparency and Security), 21st (Core Requirements and Testing) and 22nd (Human Factors and Privacy), 2004 from 9 a.m. until 5 p.m. ADDRESS AND REGISTRATION: The meetings will be held at the National Institute of Standards and Technology North Campus, 820 West Diamond Avenue, Room 152, Gaithersburg, MD 20899. Due to security requirements advance registration is required at *http://vote.nist.gov* . Registration will be available until 5 p.m., E.S.T., on Wednesday, September 15, 2004. There is no fee. STATUS: This meeting will be open to the public. SUMMARY: Public Law 107-252, the Help America Vote Act of 2002 (HAVA), establishes a 15-member Technical Guidelines Development Committee

(TGDC)to assist the Executive Director of the Election Assistance Commission

(EAC)in the development of voluntary voting system guidelines. HAVA names the Director of the National Institute of Standards and Technology

(NIST)to chair the TGDC and requires NIST to provide the TGDC with technical support necessary to carry out its duties. The TGDC met on July 9, 2004, and resolved to establish three five-member subcommittees, each to be chaired by a member. The EAC subsequently approved formation of the subcommittees. The subcommittees are named:

(1)Security and Transparency,

(2)Human Factors and Privacy, and

(3)Core Requirements and Testing. The duties of the TGDC include the gathering and analysis of data and information related to the security of computers, human factors, voter privacy, and methods to detect and prevent fraud. The purpose of the subcommittee meetings is to provide an opportunity for the election community to offer testimony on technical issues related to the TGDC's voluntary voting standards development process. Each meeting will be chaired by the respective subcommittee chair, and will consist of the presentation of panels of experts by technical subject matter. One hour will be reserved at the conclusion of each day for members of the public to provide up to five minutes of testimony. Members of the public intending to present testimony are requested to indicate this on the advance registration form. Relevant issues include security, transparency, human factors, privacy, core standards requirements and testing of voting systems. Further information on the hearings, including listings of subcommittee members and panel topics, is available at *http://vote.nist.gov* . FOR FURTHER INFORMATION CONTACT: Allan Eustis, Project Director, Technical Guidelines Development Committee, 100 Bureau Drive/MS 8900, Gaithersburg, MD 20899-8900, phone

(301)975-5099 or e-mail *voting@nist.gov* . SUPPLEMENTARY INFORMATION: U.S. Election Assistance Commission, Technical Guidelines Development Subcommittee Meetings, September 20, 21, and 22, 2004. 9 a.m. Agenda (Same for All Three Days) Call to Order Pledge of Allegiance Roll Call Adoption of Agenda Introductions Remarks by Commissioners Panel One Panel Two Panel Three Panel Four Public Comment Period Adjournment Note: Composition and detailed subject matter for each of the various panels is under development. As information becomes available, these details will be posted at *http://vote.nist.gov* . Gracia M. Hillman, Vice-Chair, U.S. Election Assistance Commission. [FR Doc. 04-20364 Filed 9-2-04; 3:48 pm]

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Pub. L. 107-252

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Notices

List of correspondence from April 1, 2004, through June 30, 2004

Pub. L.Pub. L. 107-252

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