OSERS Issues 2023 State Implementation of IDEA Determination Letters

WASHINGTON (June 26, 2023) — The U.S. Department of Education issued its 2023 determinations for states and territories on their implementation of the Individuals With Disabilities Education Act (IDEA).

The Office of Special Education and Rehabilitative Services (OSERS) Office of Special Education Program (OSEP) releases determinations each year, on behalf of the Secretary of Education, based on states and territories’ State Performance Plan (SPP) and Annual Performance Report (APR).

A state or territory’s SPP/APR evaluates its efforts to implement the IDEA’s requirements and purpose and describes how it will improve IDEA implementation.

The IDEA details the Secretary’s four categories for state determinations, which are:

  • Meets the requirements and purposes of IDEA;
  • Needs assistance in implementing the requirements of IDEA;
  • Needs intervention in implementing the requirements of IDEA; or
  • Needs substantial intervention in implementing the requirements of IDEA.

Part B determinations address requirements of IDEA Part B, which serves students with disabilities, ages 3 through 21. This year, 23 states or territories met requirements, six states need assistance (one year), 29 states or territories need assistance (two or more consecutive years), and two territories received a determination of needs intervention.

Part C determinations address requirements of IDEA Part C, which serves infants and toddlers birth through age 2. This year 25 states or territories met requirements, 12 states need assistance (one year), 17 states or territories need assistance (two or more consecutive years), and two states received a determination of needs intervention.

OSERS OSEP will publicly release state and territory APR documents in August on the IDEA website.

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Last modified on July 3, 2023