WASHINGTON, DC (May 31, 2019) – The U.S. Department of Education released four letters responding to requests for guidance throughout May.
The letters address independent education evaluation, due process hearings, evaluation/reevaluation and prior written notice.
Letter on a parent’s right to an independent education evaluation
Letter addressing questions on due process hearings procedures
WASHINGTON, DC (May 21, 2019) – The U.S. Department of Education released the following statement about significant disproportionality May 20:
“Pursuant to the plain language of the December 19, 2016 Equity in IDEA regulation on significant disproportionality, and in conjunction with the March 7, 2019 decision in COPAA v. Devos, the Department expects States to calculate significant disproportionality for the 2018–2019 school year using the 2016 rule’s standard methodology, or to recalculate using the 2016 rule’s standard methodology if a different methodology has already been used for this school year.”
WASHINGTON, DC (April 4, 2019)
From the Department of Education:
“We want to make you aware of the March 7, 2019 judicial decision in COPAA v. DeVos that vacated the 2018 regulation delaying implementation of the December 19, 2016 Equity in IDEA regulation on significant disproportionality. The Department is reviewing the ruling and considering our options. This judicial decision means that the 2016 regulation is currently in effect. The Office of Special Education Programs (OSEP) staff is collecting information from States about the status of implementation and discussing how to assist with any issues that may arise. If you have additional questions or concerns, please communicate directly with your OSEP State contact.”
WASHINGTON, DC (Feb. 13, 2019) – The U.S. Department of Education released four letters responding to requests for guidance Jan. 29.
The letters address students with disabilities in correctional facilities, discipline procedures, children with disabilities place in private schools by their parents, and response to intervention.
Letter on students with disabilities in correctional facilities
Letter on discipline procedures
Letter on children with disabilities place in private schools by their parents
By the U.S. Department of Education
WASHINGTON (Jan. 17, 2019) – U.S. Secretary of Education Betsy DeVos announced today that the U.S. Department of Education will launch an initiative to address the possible inappropriate use of restraint and seclusion in our nation’s schools.
The Office for Civil Rights (OCR), in partnership with the Office of Special Education and Rehabilitative Services (OSERS), will oversee this proactive approach which will protect students with disabilities by providing technical assistance and support to schools, districts, and state education agencies, and strengthen enforcement activities.
By the Office of Special Education and Rehabilitative Services
WASHINGTON (Dec. 20, 2018) —The U.S. Department of Education published its 2018 Individuals with Disabilities Education Act (IDEA) annual report to Congress this week.
The 40th Annual Report to Congress focuses on children and student with disabilities who received services specific to IDEA Part C for infants and toddlers or IDEA Part B for children and youth.
The report summarizes U.S. progress in:
Read the 40th Annual Report to Congress preface or download the report.
By the Office of Special Education and Rehabilitative Services
WASHINGTON (Oct. 29, 2018) — The Department of Education recently awarded grants for new and legacy investments to centers that support infants, toddlers, children and youth with disabilities and their families.
The Office of Special Education and Rehabilitation Services’ Office of Special Education Programs (OSEP) distributed these grants awards under the Individuals with Disabilities Education Act (IDEA) Part D, which authorizes formula and discretionary grants.
OSEP issued recompete announcements, and the following centers received grants to continue work on legacy investments:
OSEP awarded new investments to projects that will focus on early childhood education. Those investments include:
You can view all of OSEP’s Part D investments using the OSEP Discretionary Grants Database.
By the Office of Special Education and Rehabilitative Services
WASHINGTON (Sept. 20, 2018) – The U.S. Department of Education Assistant Secretary for the Office of Special Education and Rehabilitative Services (OSERS) released a framework of his office’s special education and rehabilitative services priorities today.
Assistant Secretary Johnny Collett said the framework communicates how OSERS will focus its work to advance Education Secretary Betsy DeVos’ priorities and continue to progress its mission “to improve early childhood, educational, and employment outcomes and raise expectations for all people with disabilities, their families, their communities and the nation.”
The framework prioritizes rethinking all aspects of how OSERS serves infants, toddlers, children, youth and adults with disabilities. It highlights OSERS’ commitment to support states in their work to raise expectations and improve outcomes for individuals with disabilities; provide states flexibility to implement their programs within the constructs of the law; and partner with parents, individuals with disabilities, and diverse stakeholders.
“This will require an unwavering commitment to address barriers that stand in the way of improving opportunities and outcomes for each person with a disability and to make needed changes at the federal, state and local levels,” Collett said.
As an example of OSERS’ commitment to its framework, Collett addressed the need to rethink special education in a blog that highlights the importance of acknowledging the individual needs of each child to find the best way to prepare each individual for successful careers and a meaningful life.
“We must be willing to rethink special education in our country and to question anything and everything we are doing to ensure we are in the best position to serve students,” Collett said. “This work is too important, the need is too urgent and the stakes are too high for us to settle for anything less than whatever it takes to deliver on the promises we have made to children and families in our country.”
View Assistant Secretary Collett’s blog on rethinking special education
By the Office of Special Education and Rehabilitative Services
WASHINGTON (July 17, 2018) – The U.S. Department of Education’s Office of Special Education and Rehabilitative Services released its 2018 state determinations on the implementation of the Individuals with Disabilities Education Act (IDEA) of Part B and Part C for fiscal year 2016 June 26 and 28.
The 2004 amendments to the IDEA require each state to develop a State Performance Plan (SPP) and Annual Performance Report (APR) that evaluates the state’s efforts to implement the requirements and purposes of the IDEA, and describes how the state will improve its implementation.
The IDEA details four categories for the Secretary of Education’s determinations. A state’s determination may be:
View 2018 Determination Letters Fact Sheet (Revised July 24, 2018)
By the Office of Special Education and Rehabilitative Services
WASHINGTON, DC (July 3, 2018) – The U.S. Department of Education released a letter responding to a request for guidance regarding the placement status of a child with a disability June 28.
The requester wanted to know if special education and related service must continue to be provided to a child whose parents have sought an independent education evaluation at the public’s expense after the child’s individualized education program team conducted a reevaluation and found the child no longer eligible for these services.
