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2024

Assistive Technology Devices and Services for Children With Disabilities Under the IDEA

Topic Areas: Assistive Technology
The Office of Educational Technology and the Office of Special Education Programs released guidance in support of children with disabilities who need assistive technology (AT) devices and services for meaningful access and engagement in education. Read More

Special Education and VR Collaboration Opportunity: WIOA State Plans

Topic Areas: Workforce Innovation and Opportunity Act (WIOA)
Partnership and collaboration are key to raising the bar for students with disabilities. This letter is intended to make you aware of an upcoming opportunity for meaningful collaboration in your state Read More

2023

POLICY STATEMENT: Inclusion of Children with Disabilities in Early Childhood Programs (Nov. 28, 2023)

Topic Areas: Early Childhood, Least Restrictive Environment, Part B, Part C
Joint policy statement by the Departments of Education and Health and Human Services, states that all young children with disabilities should have access to inclusive high-quality early childhood programs, where they are provided with individualized and appropriate support in meeting high expectations. Read More

2023 Early Childhood Transition Questions and Answers

Topic Areas: Early Childhood, Early Childhood Transition

Office of Special Education ProgramsIndividuals with Disabilities Education Act

OSEP QA 24-01

November 28, 2023

The 2023 Early Childhood Transition...

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Letter on Military-Connected Children with Disabilities (Nov. 9, 2023)

Topic Areas: Military
The purpose of this letter is to provide States with a useful resource to share with parents and families of military-connected children with disabilities. Read More

POLICY LETTER: Nov. 7, 2023, to Underly

Topic Areas: Private Schools—Parentally Placed Private School Children
OSEP’s Policy Letter to Jill Underly regarding the provision of equitable services to eligible students enrolled in virtual private schools and, as applicable, their teachers and other educational personnel (hereinafter referred to collectively as educators). Specifically, Wisconsin Department of Public Instruction (DPI) asked how to determine the location of virtual private schools for purposes of providing equitable services under the Elementary and Secondary Education Act of 1965 (ESEA) and Part B of the Individuals with Disabilities Education Act (IDEA). Read More

POLICY LETTER: Nov. 7, 2023, to Jenner

Topic Areas: Private Schools—Parentally Placed Private School Children
OSEP’s Policy Letter to Katie Jenner on how to determine the location of virtual private schools for purposes of providing equitable services under the Elementary and Secondary Education Act of 1965 (ESEA) Read More

Dear Colleague Letter: General Supervision Responsibilities (July 24, 2023)

Topic Areas: Free Appropriate Public Education
This Dear Colleague Letter accompanies guidance also released the same day that addresses the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies as required by IDEA Part B, and early intervention service programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA. Read More

Carta a los queridos colegas: Responsabilidades de supervisión general (24 de julio de 2023)

Topic Areas: Free Appropriate Public Education

Resumen

La orientación que acompaña a esta carta tiene como objetivo proporcionar a los estados información accesible y práctica...

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Guidance on State General Supervision Responsibilities under Parts B and C of the IDEA (July 24, 2023)

Topic Areas: Free Appropriate Public Education
This guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies as required by IDEA Part B, and early intervention service programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA. Read More

Responsabilidades de Supervisión General Estatal bajo las Partes B y C del IDEA (24 de julio de 2023)

Topic Areas: Free Appropriate Public Education

Resumen

La Ley IDEA Parte B requiere que los niños con discapacidades, entre 3 y 21 años de edad, reciban...

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OSEP MEMO—Review of Obligation and Liquidation Timelines and Authority, and Process for Requesting Late Liquidations. May 17, 2023

Topic Areas: Allocations to States, Grants
OSEP's Memo to part C coordinators and state directors of special education reviews the obligation and liquidation timelines under the IDEA part B and part C grants. Read More

POLICY LETTER: March 17, 2023, to Nix

Topic Areas: Early Childhood Transition, Individualized Family Services Plan: Development/Review/Revision, Part B, Part C
Letter addresses early childhood transition requirements related to transition plan, transition notification, transition conference, referral and late referrals and reporting responsibilities. Read More

POLICY LETTER: March 2, 2023, to Oettinger

Topic Areas: Dispute Resolution, Graduation
Clarifies that a state educational agency must accept and resolve a state complaint filed on behalf of a child who has graduated, so long as the complaint meets IDEA complaint filing requirements Read More

2022

Policy Support 22-03: Guidance for Common Prior Approval Requests under IDEA Parts B and C (December 2022)

Topic Areas: Grants, Part B, Part C
Summary of the approval process and requirements for three common categories of direct costs for which state agencies must obtain prior approval before using federal funds under the IDEA Read More

POLICY LETTER 22-06: November 16, 2022, to Flanigan

Topic Areas: Private Schools—Parentally Placed Private School Children
Clarifies that any student found eligible under IDEA who is enrolled by their parent in a private elementary or secondary school must be counted when calculating the proportionate share of IDEA Part B funds that a local educational agency is required to spend on the provision of equitable services to parentally-placed private school children with disabilities enrolled in private schools in the LEA Read More

Letter to State Directors of Special Education on Ensuring a High-Quality Education for Highly Mobile Children. OSEP Policy Support 22-02 (November 10, 2022)

Topic Areas: Highly Mobile Children (Including Military-Connected Children and Children Who are Homeless)
Letter and list of resources to help ensure highly mobile children with disabilities receive required special education and related services Read More

POLICY LETTER 22-05: November 1, 2022, to Sharpless

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability
Letter clarifies that IDEA does not provide specific requirements regarding the manner in which a request for an initial evaluation of a child suspected of having a disability must be made Read More

Dear Colleague Letter on IDEA Services in Head Start (Oct. 5, 2022)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Free Appropriate Public Education, Least Restrictive Environment
Letter and accompanying guidance state that state and local education agencies and Head Start programs have responsibilities for implementing IDEA Read More

Guidance on Creating an Effective Memorandum of Understanding to Support High-Quality Inclusive Early Childhood Systems (Oct. 5, 2022)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Free Appropriate Public Education, Least Restrictive Environment
Guidance and accompanying letter state that state and local education agencies and Head Start programs have responsibilities for implementing IDEA Read More

MEMORANDUM: OSEP 22-01 — Personnel Qualifications under Part B of the Individuals with Disabilities Education Act (IDEA). (Oct. 4, 2022)

Topic Areas: Personnel Qualifications
Affirms the IDEA includes the provision of special education and related services that meet IDEA Part B requirements Read More

Dear Colleague Letter on Implementation of IDEA Discipline Provisions (July 19, 2022)

Topic Areas: Discipline/Behavioral Supports
Letter and accompanying Q&A and Stakeholder Guide address disparities in the use of discipline for children with disabilities and the implementation of IDEA's discipline provisions Read More

Carta de estimado colega sobre la implementación de las disposiciones de disciplina de IDEA (19 de julio de 2022)

Topic Areas: Discipline/Behavioral Supports
(en español) Letter and accompanying Q&A and Stakeholder Guide address disparities in the use of discipline for children with disabilities and the implementation of IDEA's discipline provisions Read More

Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders (July 19, 2022)

Topic Areas: Discipline/Behavioral Supports
Stakeholder Guide and accompanying letter and Q&A address disparities in the use of discipline for children with disabilities and the implementation of IDEA's discipline provisions Read More

Enfoques positivos y proactivos para apoyar a los niños con discapacidades: Una guía para las partes interesadas (19 de julio de 2022)

Topic Areas: Discipline/Behavioral Supports
(en español) Stakeholder Guide and accompanying letter and Q&A address disparities in the use of discipline for children with disabilities and the implementation of IDEA's discipline provisions Read More

Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (July 19, 2022)

Topic Areas: Discipline/Behavioral Supports
Q&A and accompanying letter and Stakeholder Guide address disparities in the use of discipline for children with disabilities and the implementation of IDEA's discipline provisions Read More

Preguntas y respuestas: Abordar las necesidades de los niños con discapacidades y las disposiciones disciplinarias de IDEA. (19 de julio de 2022)

Topic Areas: Discipline/Behavioral Supports
(en español) Q&A and accompanying letter and Stakeholder Guide address disparities in the use of discipline for children with disabilities and the implementation of IDEA's discipline provisions Read More

POLICY LETTER 22-04: April 15, 2022 to Zirkel

Topic Areas: Dispute Resolution
Addresses requirements related to IDEA’s due process and state complaint procedures Read More

POLICY LETTER: April 7, 2022 to Tymeson

Topic Areas: Least Restrictive Environment, Physical Education and Adapted Physical Education
Addresses requirements related to the provision of physical education, including adapted physical education, to children with disabilities Read More

Letter to Educators and Parents Regarding New CDC Recommendations and their Impact on Children with Disabilities (March 24, 2022)

Topic Areas: COVID-19
Updated guidance and resources to aid COVID-19 mitigation efforts in schools and address the needs of students with disabilities as the U.S. moves to a new phase of pandemic response Read More

Carta a los educadores y padres sobre las nuevas recomendaciones de los CDC y su impacto en los niños con discapacidades (24 de marzo de 2022)

Topic Areas: COVID-19
Guía y recursos actualizados para ayudar a los esfuerzos de mitigación de COVID-19 en las escuelas y abordar las necesidades de los estudiantes con discapacidades a medida que los Estados Unidos avanzan hacia una nueva fase de respuesta a la pandemia Read More

POLICY LETTER: March 2, 2022 to Marshall

Topic Areas: Part B, Part C, Significant Disproportionality (Equity in IDEA)
Letter addresses Significant Disproportionality Reporting Form states are required to submit to OSEP, implementation timeline, status of the Significant Disproportionality State Survey announced in May 2019, and the technical assistance provided to states to assist in implementation of the new standard methodology Read More

Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools (rev. Feb 2022)

Topic Areas: Private Schools—Parentally Placed Private School Children
Q&A provides guidance regarding the IDEA requirements applicable to children with disabilities placed by their parents in private schools, who are not enrolled in the local educational agency and for whom the provision of FAPE is not at issue Read More

POLICY LETTER: January 10, 2022 to Wolfram and Mandlawitz

Topic Areas: COVID-19, Individualized Education Programs: Development/Review/Revision
Follow-up letter to the Council of Administrators for Special Education in response to a meeting with OSEP staff and follow-correspondence, both in October 2021, regarding ED's Return to School Roadmap: Development and Implementation of IEPs Read More

2021

POLICY LETTER: November 17, 2021 to Anonymous

Topic Areas: Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Parent Consent, Placement
Addresses whether a local educational agency may file a due process complaint to request a due process hearing against a parent to override the parent’s refusal to consent to a change in the child’s individualized education program or placement Read More

POLICY LETTER: November 15, 2021 to Boals

Topic Areas: English Learners with Disabilities, Individualized Education Programs: Development/Review/Revision, Personnel Qualifications
Addresses whether IDEA requires inclusion of language development goals in a child’s IEP if the child is an Englisher learner and discusses best practices that districts, schools, and teachers can use to ensure they provide appropriate instruction to English learners with disabilities throughout the school day Read More

POLICY LETTER: November 10, 2021 to IDEA Part C Coordinators

Topic Areas: COVID-19, Free Appropriate Public Education, Individualized Family Services Plan: Development/Review/Revision, Least Restrictive Environment, Part C
Letter affirms ED’s priority to monitor states as they meet their general supervision obligations under Part C of IDEA Read More

POLICY LETTER: November 10, 2021 to IDEA Part B State Directors

Topic Areas: COVID-19, Free Appropriate Public Education, Individualized Education Programs: Development/Review/Revision, Least Restrictive Environment, Part B
Letter affirms ED’s priority to monitor states as they meet their general supervision obligations under Part B of IDEA Read More

Return to School Roadmap: Provision of Early Intervention Services (Oct. 29, 2021)

Topic Areas: COVID-19, Free Appropriate Public Education, Individualized Family Services Plan: Development/Review/Revision
Addresses the provision of Early Intervention Services for infants and toddlers with disabilities and their families under Part C of the IDEA Read More

Hoja de ruta de regreso a la escuela: Prestación de servicios de intervención temprana (29 de octubre de 2021)

Topic Areas: COVID-19, Free Appropriate Public Education, Individualized Family Services Plan: Development/Review/Revision
Este documento de preguntas y respuestas aborda la prestación de servicios de intervención temprana para bebés y niños pequeños con discapacidades y sus familias, según la Parte C de la Ley de Educación para Personas con Discapacidades (IDEA). Read More

Return to School Roadmap: Child Find, Referral, and Eligibility Under Part C of the Individuals with Disabilities Education Act (Oct. 29, 2021)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Coordinated Early Intervening Services, COVID-19, Free Appropriate Public Education, Least Restrictive Environment
Q&A document highlights that under IDEA Part C, each state lead agencies and its early intervention service providers are responsible for implementing a child find system that identifies, locates, and evaluates all infants and toddlers with disabilities, birth to age three, who may require early intervention services Read More

Hoja de ruta para el regreso a la escuela: búsqueda, derivación y elegibilidad de niños (29 de octubre de 2021)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Coordinated Early Intervening Services, COVID-19, Free Appropriate Public Education, Least Restrictive Environment
Este documento de preguntas y respuestas destaca que, según la Ley de Educación para Personas con Discapacidades (IDEA), cada agencia estatal líder y sus proveedores de servicios de intervención temprana son responsables de implementar un sistema de búsqueda de niños que identifique, ubique y evalúe, lo antes posible, a todos los bebés y niños pequeños con discapacidades, desde el nacimiento hasta los tres años, que pueden requerir servicios de intervención temprana. Read More

Return to School Roadmap: Development and Implementation of Individualized Education Programs (Sept. 30, 2021)

Topic Areas: COVID-19, Individualized Education Programs: Development/Review/Revision, Least Restrictive Environment
Q&A document highlights certain IDEA requirements related to the development and implementation of IEPs and other information that state educational agencies and local educational agencies, regular and special education teachers, related services providers, and parents should consider. Read More

Hoja de ruta para el regreso a la escuela: Desarrollo e implementación de programas de educación individualizada en el entorno menos restrictivo conforme a la ley de educación para personas con discapacidades

Topic Areas: COVID-19, Individualized Education Programs: Development/Review/Revision, Least Restrictive Environment
Este documento de preguntas y respuestas destaca ciertos requisitos de la Ley de Educación para Personas con Discapacidades (IDEA) relacionados con el desarrollo y la implementación de programas de educación individualizados (IEP) y otra información que las agencias educativas estatales y las agencias educativas locales, los maestros de educación regular y especial, los proveedores de servicios relacionados y los padres deben considerar. Read More

POLICY LETTER: September 24, 2021 to Frumkin

Topic Areas: Individualized Education Programs: Development/Review/Revision
Addresses establishing a timeline for providing access to a child’s IEP to teachers and service providers Read More

Return to School Roadmap — Child Find Under Part B of the Individuals with Disabilities Education Act (Aug. 24, 2021)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, COVID-19, Free Appropriate Public Education, Part B
Q&A document on Child Find Under Part B of the IDEA reaffirms the importance of appropriate implementation of IDEA’s child find obligations Read More

Hoja de ruta para el regreso a la escuela: Child Find según la Parte B de la Ley de Educación para Personas con Discapacidades (24 de agosto de 2021)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, COVID-19, Free Appropriate Public Education, Part B
Este documento de preguntas y respuestas sobre Child Find según la Parte B de la Ley de Educación para Personas con Discapacidades (IDEA) reafirma la importancia de la implementación Read More

Return to School Roadmap under IDEA (Aug. 24, 2021)

Topic Areas: COVID-19, Free Appropriate Public Education
OSERS sent a letter to its state and local partners reiterating its commitment to ensuring children with disabilities and their families have successful early intervention and educational experiences in the 2021–2022 school year. Read More

Hoja de ruta de regreso a la escuela según IDEA: Carta a los socios estatales y locales (24 de agosto de 2021)

Topic Areas: COVID-19, Free Appropriate Public Education
OSERS envió una carta a sus socios estatales y locales reiterando su compromiso de garantizar que los niños con discapacidades y sus familias tengan experiencias educativas y de intervención temprana exitosas en el año escolar 2021–2022 Read More

Questions and Answers on the National Instructional Materials Accessibility Standard (NIMAS) (Aug. 9, 2021)

Topic Areas: Accessibility - Instruction and Materials
This Q&A provides states, state educational agencies (SEAs), local educational agencies, and other interested parties with information to facilitate implementation of the National Instructional Materials Accessibility Standard and coordination with the National Instructional Materials Access Center. NIMAC assists states in meeting the needs of students with disabilities who require accessible formats for instructional materials. Read More

Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families

Topic Areas: COVID-19
Resource for all stakeholders in the education community provides information about the obligations of schools, public agencies, and postsecondary institutions to students and children with long COVID Read More

POLICY LETTER: May 12, 2021 to Tymeson

Topic Areas: Individualized Education Programs: Development/Review/Revision, Physical Education and Adapted Physical Education
Addresses requirements related to the provision of physical education, including adapted physical education, to children with disabilities under IDEA, including personnel qualifications and licensure to provide specially designed physical education Read More

2020

Part C Provision of Services in the COVID-19 Environment Q&A Document (Oct. 21, 2020)

Topic Areas: COVID-19, Individualized Family Services Plan: Development/Review/Revision

Summary
Addresses inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part C provision of service in...

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Parte C Provisión de servicios en el documento de preguntas y respuestas del entorno COVID-19 (21 de octubre de 2020)

Topic Areas: COVID-19, Individualized Family Services Plan: Development/Review/Revision

Resumen
Aborda las consultas relacionadas con la implementación de la Ley de Educación para Personas con Discapacidades (IDEA), Parte...

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Part B Implementation of IDEA Provision of Services in the Current COVID-19 Environment Q&A Document (Sept. 28, 2020)

Topic Areas: COVID-19

Summary
Addresses inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B provision of services in the...

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POLICY LETTER: July 31, 2020 to Anonymous

Topic Areas: Dispute Resolution

Summary
Addresses whether a parent may be required to sign a confidentiality agreement in order to participate in mediation...

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Part C Evaluation and Assessment Timelines in the COVID-19 Environment Q&A Document (July 6, 2020)

Topic Areas: COVID-19

Summary
Addresses inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part C evaluation and assessment...

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Part B Procedural Safeguards in the COVID-19 Environment Q&A Document (June 30, 2020)

Topic Areas: COVID-19

Summary
Address inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part B procedural safeguards in...

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Part C Procedural Safeguards in the COVID-19 Environment Q&A Document (June 30, 2020)

Topic Areas: COVID-19

Summary
Addresses inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part C procedural safeguards in the...

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Flexibility on IDEA Part B Fiscal Requirements in the COVID-19 Environment Q&A Document (June 26, 2020)

Topic Areas: COVID-19

Summary
Response to inquiries concerning flexibility in the implementation of the Individuals with Disabilities Education Act (IDEA) Part B...

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Part B Use of Funds in the COVID-19 Environment Q-&-A Document (June 25, 2020)

Topic Areas: COVID-19

Summary
Addresses inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part B use of funds...

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Part C Use of Funds in the COVID-19 Environment Q-&-A Document (June 25, 2020)

Topic Areas: COVID-19

Summary
Addresses inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part C use of funds...

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Part B Dispute Resolution in COVID-19 Environment Q-&-A Document (June 22, 2020)

Topic Areas: COVID-19, Part B

Summary
This Questions-and-Answers document addresses inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part B...

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Part C Dispute Resolution in COVID-19 Environment Q-&-A Document (June 22, 2020)

Topic Areas: COVID-19

Summary
This Questions-and-Answers document addresses inquiries concerning the implementation of the Individuals with Disabilities Education Act (IDEA) Part C...

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POLICY LETTER: June 9, 2020 to State Directors

Topic Areas: COVID-19

Summary
Addresses the requirements to request a waiver for the 2020–21 school year (SY) from the one percent cap...

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POLICY LETTER: June 8, 2020 to Anonymous

Topic Areas: Dispute Resolution, Part B

Summary
Addresses the use of Individuals with Disabilities Education Act (IDEA) Part B funds to pay hearing officers to...

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Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities (March 21, 2020)

Topic Areas: COVID-19

Summary
The Department released new information clarifying that federal law should not be used to prevent schools from offering...

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Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak (March 2020)

Topic Areas: COVID-19

Summary
This Questions and Answers document outlines states’ responsibilities to infants, toddlers, and children with disabilities and their families,...

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2019

POLICY LETTER: Nov. 22, 2019 to Breeskin

Summary
Addresses the role of parents in determining the educational placement of a child with a disability, including how...

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POLICY LETTER: Oct. 23, 2019 to Anonymous

Topic Areas: Free Appropriate Public Education, State Complaints

Summary
Addresses questions regarding the provision of compensatory education after a family relocates to a new state.
Letter Read More

Q&A: Increasing Postsecondary Opportunities and Success for Students and Youth with Disabilities (Sept. 17, 2019)

Topic Areas: Secondary and Postsecondary Transition

Summary
The Department issued a Question and Answers document (Q&A), with an accompanying Appendix, on the dual enrollment of...

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POLICY LETTER: Sept. 9, 2019 to Rowland

Topic Areas: Individualized Education Programs: Development/Review/Revision

Summary
Addresses a series of questions regarding the development of IEPs of children placed in certain preschool programs, including...

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POLICY LETTER: Sept. 9, 2019 to Anonymous

Topic Areas: Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision

Summary
Addresses questions regarding:

the participation of children with disabilities in IEP Team Meetings and other meetings held...

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POLICY LETTER: July 3, 2019 to Zirkel

Topic Areas: State Complaints

Summary
Addresses a series of questions regarding a state educational agency’s (SEA’s) complaint procedures process, in particular, about enforcement...

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POLICY LETTER: May 13, 2019 to Zirkel

Topic Areas: Dispute Resolution

Summary
Addresses a series of questions regarding the implementation of the Individuals with Disabilities Education Act (IDEA) state complaint...

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POLICY LETTER: May 2, 2019 to Haller

Topic Areas: Individualized Education Programs: Development/Review/Revision

Summary
Addresses whether a school district may invite an observer to an individualized education program (IEP) Team meeting.
...

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POLICY LETTER: May 2, 2019 to Mills

Topic Areas: Evaluation and Reeavluation, Parents' Rights and Procedural Safeguards, Visual Impairment Including Blindness

Summary
Addresses a series of questions resulting from a functional vision assessment by an optometrist.
Letter
May...

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POLICY LETTER: May 2, 2019 to Zirkel

Topic Areas: Independent Educational Evaluation

Summary
Addresses a parent’s right to an IEE when the child has been evaluated and found not to be...

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POLICY LETTER: March 28, 2019 to States

Topic Areas: Assessment - State and Districtwide Assessments

Summary
The purpose of this memorandum is to provide information regarding the implications for States not meeting the requirement,...

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POLICY LETTER: Feb. 22, 2019 Letter to Olex

Topic Areas: Secondary and Postsecondary Transition

Summary
Letter regarding the Michigan Department of Education’s policy addressing transition assessments administered under the Individuals with Disabilities Education Act...

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POLICY LETTER: Feb. 21, 2019 Letter to Siegel

Topic Areas: Individualized Education Programs: Development/Review/Revision

Summary
Letter regarding a child with a disability who transfers to a new local educational agency (LEA) during the...

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OSEP LETTER: Jan. 29, 2019 to Wayne

Topic Areas: Private Schools—Parentally Placed Private School Children

Summary
Letter regarding further discussions on a local educational agency’s (LEA’s) obligation to a parentally placed private school child...

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OSEP LETTER: Jan. 29, 2019 to Zirkel

Topic Areas: Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)

Summary
Letter on a series of questions regarding the implementation of response to intervention (RTI) and multi-tiered systems of...

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OSEP LETTER: Jan. 29, 2019 to Nathan

Topic Areas: Discipline/Behavioral Supports

Summary
Clarification on a series of questions regarding the protections for children not yet determined eligible for special education...

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OSEP LETTER: Jan. 29, 2019 to Duncan

Topic Areas: Correctional Education, Eligibility Determination, Free Appropriate Public Education

Summary
Letter on whether the Florida Department of Corrections fails to provide a free appropriate public education (FAPE) under...

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2018

OSEP LETTER: Dec. 20, 2018 to William Eiserman

Topic Areas: Evaluation and Reeavluation, Individualized Family Services Plan: Development/Review/Revision, Part C
Addresses the evaluation process for an infant or toddler suspected of being deaf or hard of hearing to determine eligibility for early intervention services, including the role of screening as part of an evaluation, the corresponding evaluation timelines and the required procedures. Read More

POLICY MEMO: To States Regarding the Cap on the Percentage of Students who may be Assessed with an Alternate Assessment (Aug. 27, 2018)

Topic Areas: Assessment - State and Districtwide Assessments, Significant Disproportionality (Equity in IDEA)
Addresses the process for applying for states applying or re-applying for a waiver from the one percent cap on the percentage of students who may be assessed with an alternate assessment aligned with alternate academic standards (AA-AAAS).  Read More

OSEP LETTER: Aug. 23, 2018 to Devin Fletcher

Topic Areas: Dispute Resolution
Addresses the required timeline for expedited due process hearing when there are fewer than 20 school days left in the school year or if the request is filed during the summer or other times when school is not in session.  Read More

OSEP LETTER: Aug. 23, 2018 to Anonymous

Topic Areas: Independent Educational Evaluation, Individualized Education Programs: Development/Review/Revision, Natural Environments
Addresses an independent evaluator’s access to observe a child’s educational setting as part of an Independent Educational Evaluation (IEE). Read More

OSEP LETTER: Aug. 2, 2018 Letter to Lawrence Sigel, Esq.

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability
Addresses State and Local Education Agency (LEA) responsibilities and required procedures regarding Child Find. Read More

OSEP LETTER: Aug. 2, 2018 Letter to Linda McDowell, Ph.D.

Topic Areas: Individualized Education Programs: Development/Review/Revision, Related Services
Addresses qualifying characteristics for Related Services included in the Individualized Education Program (IEP). Read More

OSEP Letter: Aug. 2, 2018 Letter to Anonymous

Topic Areas: Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision
Addresses the evaluation process for a child with disabilities who transfers to a new State within a school year including the required procedures for reviewing existing evaluation data. Read More

OSEP LETTER: July 27, 2018 Letter to Carrie Mason

Topic Areas: Discipline/Behavioral Supports, Placement
Addresses the use of short-term disciplinary measures as a potential disciplinary removal and change in placement. Read More

OSEP LETTER: June 28, 2018 Letter to Anonymous

Topic Areas: Dispute Resolution, Independent Educational Evaluation, Individualized Education Programs: Development/Review/Revision, Parents' Rights and Procedural Safeguards, Placement
Addresses procedures for continuation of services after an Independent Educational Evaluation (IEE) request for a student whose special education eligibility has been terminated. Read More

OSEP LETTER: May 10, 2018 to Perry A. Zirkel

Topic Areas: Eligibility Determination, Specific Learning Disability
Addresses methods for determining eligibility for Specific Learning Disability. Read More

OSEP LETTER: April 19, 2018 to Perry A. Zirkel

Topic Areas: Individualized Education Programs: Development/Review/Revision
Addresses handling of differing opinions amongst Individualized Education Programs Team Members. Read More

OSEP LETTER: April 19, 2018 to Marcie Lipsitt

Topic Areas: Dispute Resolution, Part B
Addresses the use of compensatory services in resolving state complaints. Read More

OSEP LETTER: April 19, 2018 to Brian Carroll

Topic Areas: Early Childhood, Individualized Education Programs: Development/Review/Revision, Related Services
Addresses the impact of school attendance on the duration, frequency, and location of preschool Individualized Education Program (IEP) services. Read More

OSEP LETTER: April 18, 2018 to David Kane

Topic Areas: Free Appropriate Public Education, Related Services
Addresses missed Individualized Education Program (IEP) services due to participation in State or districtwide assessment programs. Read More

2017

Q&A: Endrew F. v. Douglas County School District Case Q&A (Dec. 7, 2017)

Topic Areas: Free Appropriate Public Education, Individualized Education Programs: Development/Review/Revision
Provides an overview of the U.S. Supreme Court Decision, Endrew F. v. Douglas County School District, in which the Court ruled that to meet its substantive obligation under the IDEA, a school must offer an Individualized Education Program (IEP) that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances. The Court additionally emphasized the requirement that “every child should have the chance to meet challenging objectives.” The Q&A addresses subsequent questions regarding the clarification of FAPE and considerations for IEP Teams on implementation. Read More

OSEP LETTER: September 8, 2017 to Brian Radziwill

Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the procedures for meaningful consultation between LEAs, SEAs, and private schools including the inclusion of representatives of parents of parentally-placed private school children with disabilities. Read More

POLICY MEMO: Eligibility Determinations for Children Suspected of Having a Visual Impairment under IDEA (May 22, 2017)

Topic Areas: Eligibility Determination, Visual Impairment Including Blindness
Addresses the eligibility criteria for the IDEA category “visual impairment including blindness” and clarifies that States may not establish criteria that are inconsistent with IDEA requirements. Provides additional information around evaluation procedures for determining adverse effects to educational performance as well as resources for further consult. Read More

POLICY MEMO: Requirements for the Cap on the Percentage of Students who may be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards (May 16, 2017)

Topic Areas: Assessment - State and Districtwide Assessments
Addresses the provision in the Every Student Succeeds Act (ESSA) regarding alternate assessments for students with the most significant cognitive assessments. Provides guidance to States seeking to request a waiver for the 1.0 percent cap on the number of students who participate in alternate assessments aligned with alternate academic achievement standards (AA-AAAS). Read More

POLICY GUIDANCE: A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities (May 2017)

Topic Areas: Secondary and Postsecondary Transition
Resource guide for school to post-school transition planning and services that support effective education and employment options for students and youth with disabilities under IDEA and the Rehabilitation Act. Read More

OSEP LETTER: April 18, 2017 to Ruthie-Marie Beckwith

Topic Areas: Grants, Individualized Family Services Plan: Development/Review/Revision, Part C, Personnel Qualifications
Addresses the Department’s discretionary 84.325K grant competition: Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children with Disabilities Who Have High-Intensity Needs. Read More

Q&A and MODEL STATE TIMELINE: Significant Disproportionality (Equity in IDEA) Essential Questions and Answers and a Model State Timeline (March 31, 2017)

Topic Areas: Significant Disproportionality (Equity in IDEA)
Addresses general rules and standard methodology including risk ratios for calculating significant disproportionality based on race and ethnicity as well as providing subsequent remedies if needed. Read More

POLICY LETTER: February 27, 2017 to Patrick Zacchini

Topic Areas: Confidentiality/FERPA, Education Record, Part B
Addresses the requirement that school districts must notify parents when their child’s personally identifiable information collected under IDEA Part B will be no longer be needed and subsequently destroyed. Read More

POLICY LETTER: February 27, 2017 to Anonymous

Topic Areas: Dispute Resolution, Education Record, State Complaints
Addresses the time period requirements for States to retain and make due process and State-level review findings and decisions available to the public under IDEA. Read More

POLICY LETTER: February 27, 2017 to Anonymous

Topic Areas: Individualized Education Programs: Development/Review/Revision, Secondary and Postsecondary Transition
Addresses the requirement for annual updating of postsecondary goals and transition services on the IEP in consideration of a child’s unique needs, preferences, and interests. Read More

POLICY GUIDANCE: Joint Statement on Collaboration and Coordination of the MIECHV and IDEA Part C Programs (January 19, 2017)

Topic Areas: Individualized Family Services Plan: Development/Review/Revision, Part C
Addresses opportunities and recommendations for collaboration between Maternal, Infant, and Early Childhood Home Visiting Awardees and IDEA Part C State Programs to coordinate service design and delivery in order to maximize services to infants and toddlers with disabilities. Read More

POLICY LETTER: January 18, 2017 to Lisa Pugh

Topic Areas: Individualized Education Programs: Development/Review/Revision, Secondary and Postsecondary Transition
Addresses periodic progress reporting on postsecondary goals on the IEP for students who are 16 or younger if determined by the IEP team. Read More

UPDATED DEAR COLLEAGUE LETTER on Preschool Least Restrictive Environments (January 9, 2017)

Topic Areas: Least Restrictive Environment, Part B
Addresses the importance of inclusive early learning opportunities for young children with disabilities per IDEA requirements. Reaffirms the Department’s position that all young children with disabilities should have access to inclusive high-quality early childhood programs where they are provided with individualized and appropriate supports to enable them to meet high expectations and reviews the variety of preschool placement options in which FAPE could be provided. Read More

POLICY LETTER: January 2, 2017 to Anonymous

Topic Areas: Dispute Resolution, State Complaints
Addresses whether a parent may file a due process complaint against a State Educational Agency. Read More

2016

DEAR COLLEAGUE LETTER with the Office for Civil Rights on Charter Schools (December 28, 2016 )

Topic Areas: Charter School
Students with disabilities who are enrolled in public charter schools, like students with disabilities enrolled in other public elementary or secondary schools, have important rights under two Federal laws, Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act (IDEA). Similarly, students with disabilities who seek to enroll in public charter schools or traditional public schools have important rights secured by these two laws. Read More

POLICY LETTER: December 27, 2016 to Rochelle Marcus

Topic Areas: Parents' Rights and Procedural Safeguards
Addresses obligation of LEAs for communicating with parent attorneys. Read More

POLICY LETTER: December 27, 2016 to John Copenhaver

Topic Areas: State Advisory Panel
Addresses residency status of state advisory panel members and travel cost reimbursements for meeting attendance. Read More

POLICY LETTER: December 27, 2016 to Ellen Chambers

Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses obligation of LEAs to provide transportation for IDEA services offered to students placed in private schools by their parents. Read More

FAQ: Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under the Individuals with Disabilities Education Act (December 27, 2016)

Topic Areas: Charter School, Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Free Appropriate Public Education, Least Restrictive Environment, Part B
Provides charter schools, states, state educational agencies (SEAs), local educational agencies (LEAs), other public agencies, parents, and other stakeholders with information regarding the rights of children with disabilities attending charter schools and their parents under the Individuals with Disabilities Education Act. Read More

POLICY LETTER: October 22, 2016 to Jennifer Carroll

Topic Areas: Independent Educational Evaluation
Addresses the procedures for parents seeking an Independent Education Evaluation at public expense based on areas not assessed by a district evaluation. Read More

FAQ: Frequently Asked Questions on Early Childhood Privacy and Confidentiality (October 20, 2016)

Topic Areas: Parent Consent, Part B, Part C
The purpose of this FAQ is to assist early childhood programs under the Individuals with Disabilities Education Act (IDEA) with addressing privacy and confidentiality questions. Read More

POLICY LETTER: September 23, 2016 to Nisha Kashyap

Topic Areas: Education Record
Addresses the right of parents of students with suspected disabilities to inspect and review educational records. Read More

POLICY LETTER: August 23, 2016 to Martha Goodman

Topic Areas: Coordinated Early Intervening Services, Part B, Private Schools—Parentally Placed Private School Children, Significant Disproportionality (Equity in IDEA)

Summary

Addresses the calculation for comprehensive coordinated early intervention services and proportionate share of IDEA funds for LEAs identified as...

Read More

POLICY LETTER: August 22, 2016 to Perry Zirkel

Topic Areas: Dispute Resolution, Monitoring and Enforcement, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)

Summary

Addresses the timeline for expedited due process hearings, fidelity of implementation of the response to intervention (RTI) process, and...

Read More

POLICY LETTER: August 18, 2016 to Regina Skyer

Topic Areas: Coordinated Early Intervening Services, Evaluation and Reeavluation, Part C
Addresses requirements and procedures for multidisciplinary evaluations used to determine eligibility for children under the age of three who are suspected of having a disability. Read More

OSEP DEAR COLLEAGUE LETTER Regarding Education of Children with Disabilities Attending Public Virtual Schools (August 5, 2016)

Topic Areas: Charter School, Free Appropriate Public Education, Virtual School
Addresses the requirement for state educational agencies and local educational agencies to ensure the provision of a free appropriate public education to students with disabilities attending public virtual schools. The guidance focuses on specific requirements in IDEA for public virtual schools. Read More

POLICY LETTER: August 4, 2016 to Michael J. Eig

Topic Areas: Dispute Resolution
Addresses whether parents are allowed to invite observers and members of the press to an open or closed due process hearing. Read More

OSEP DEAR COLLEAGUE LETTER on Supporting Behavior of Students with Disabilities (August 1, 2016)

Topic Areas: Discipline/Behavioral Supports, Individualized Education Programs: Development/Review/Revision
Emphasizes the requirement that schools provide positive behavioral supports to students with disabilities who need them. It also clarifies that the repeated use of disciplinary actions may suggest that children with disabilities may not be receiving appropriate behavioral interventions and supports. Read More

Know Your Rights in Charter Schools (August 1, 2016)

Topic Areas: Charter School, Free Appropriate Public Education
This document is designed to help parents, students, and the charter school community better understand the rights of students with disabilities under Federal disability-related laws. Read More

OCR Dear Colleague Letter (July 26, 2016)

Topic Areas: Specific Learning Disability
Addresses obligation of schools to provide students with attention-deficit/hyperactivity disorder with equal educational opportunity under section 504 of the Rehabilitation Act of 1973. Read More

IEP Translation—Communication from OSEP (June 14, 2016)

Topic Areas: Charter School
This document is designed to help parents, students, and the charter school community better understand the rights of students with disabilities under Federal disability-related laws. Read More

POLICY LETTER: May 9, 2016 to Martha Goodman

Topic Areas: Individualized Family Services Plan: Development/Review/Revision, Parent Notice, Part C
Addresses the requirements including parental notification for service delivery under extended Part C versus Part B for children with disabilities between the ages of three and five. Read More

OSEP Memo 16-07—Response to Intervention (RTI) and Preschool Services (April 29, 2016)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)
Addresses the role of the response to intervention (RTI) approach in the requirement for evaluating preschool children suspected of having a disability. Read More

OSEP DEAR COLLEAGUE LETTER on Children with Disabilities Residing in Nursing Homes (April 26, 2016)

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Free Appropriate Public Education, Least Restrictive Environment, Part B
Addresses the responsibilities of states, school districts, and other public agencies in addressing the special educational needs of children with disabilities who reside in nursing homes. Read More

POLICY LETTER: April 25, 2016 to Kelli Unnerstall

Topic Areas: Eligibility Determination, Evaluation and Reeavluation, Specific Learning Disability
Addresses the use of the terms dyslexia, dyscalculia and dysgraphia in the evaluation process and subsequent eligibility determinations. Read More

POLICY LETTER: March 3, 2016 to Anonymous

Topic Areas: Dispute Resolution, Eligibility Determination, Individualized Education Programs: Development/Review/Revision, Part B, Related Services
Addresses state regulations for board of education approval of a student’s individualized education program (IEP); timeline for IEP development after eligibility determination; requirements for deleting personally identifiable information when making due process hearing decisions public, and the role of a physician’s prescription for related services. Read More

POLICY LETTER: February 17, 2016 to David Andel

Topic Areas: Individualized Education Programs: Development/Review/Revision
Addresses the options for a public agency when a parent is accompanied by a an attorney to an individualized education program (IEP) meeting without previously notifying the pubic agency. Read More

POLICY LETTER: February 9, 2016 to John D. Copenhaver

Topic Areas: State Advisory Panel
Addresses the state advisory panel membership requirement to include parents of children with disabilities being serviced under IDEA. Read More

POLICY LETTER: January 19, 2016 to Diana Savit

Topic Areas: Independent Educational Evaluation, Individualized Education Programs: Development/Review/Revision
Addresses state policies for the use of audio or video recording devices at individualized education program (IEP) meetings and state requirements for qualifications for an independent educational evaluation (IEE) examiner. Read More

2015

POLICY LETTER: December 13, 2015 to Colleen A. Snyder

Topic Areas: Dispute Resolution
Addresses timelines for expedited due process hearings including when regarding a disciplinary matter. Read More

POLICY LETTER: November 23, 2015 to Julie J. Weatherly

Topic Areas: Education Record
Addresses the scope of personally identifiable information that is described in IDEA’s provisions for destruction of information. Read More

POLICY LETTER: November 23, 2015 to Michael Lovato

Topic Areas: Grants
Addresses scenarios regarding the exception of maintenance effort, specifically the reduction of the level of expenditures under Part B due to personnel changes. Read More

POLICY LETTER: November 23, 2015 to Michael I. Inzelbuch

Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the use of an LEA’s proportionate share funds for settlements involving parentally placed private school children with disabilities. Read More

OSEP DEAR COLLEAGUE LETTER on Free and Appropriate Public Education (FAPE) (November 16, 2015)

Topic Areas: Free Appropriate Public Education, Individualized Education Programs: Development/Review/Revision
Clarifies that individualized education programs (IEP) for children with disabilities must be aligned with state academic content standards for the grade in which a child is enrolled. Read More

OSEP DEAR COLLEAGUE LETTER on IDEA/IEP Terms (October 23, 2015)

Topic Areas: Eligibility Determination, Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Specific Learning Disability
A policy guidance on IDEA/IEP terms to clarify that there is nothing in the IDEA that would prohibit the use of the terms dyslexia, dyscalculia, and dysgraphia in IDEA evaluation, eligibility determinations or IEP documents. Read More

OSEP DEAR COLLEAGUE LETTER to SEAs Regarding Oversight of Federal Funds to Charter Schools (September 28, 2015)

Topic Areas: Charter School
A Dear Colleague Letter to state educational agencies (SEAs) that offers guidance and federal resources on appropriate and effective oversight of public charter schools. Read More

POLICY LETTER: September 18, 2015 to Marcie Lipsitt

Topic Areas: State Complaints
Addresses procedures for resolution of a state complaint including LEA and SEA responsibilities and issuing a written decision. Read More

POLICY LETTER: September 16, 2015 to Matthew D. Cohen

Topic Areas: Dispute Resolution, Individualized Education Programs: Development/Review/Revision
Addresses the procedural rules states may create for due process hearings including individualized education program (IEP) revisions pending a due process complaint. Read More

Q&A Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement Objectives (August 3, 2015)

Topic Areas: English Learners with Disabilities, Individualized Education Programs: Development/Review/Revision, Part B
This guidance document is on the inclusion of English Learners (ELs) with disabilities in English language proficiency (ELP) assessments under Titles I and III of the Elementary and Secondary Education Act (ESEA) of 1965, as amended. Read More

Q&A Regarding Local Educational Agency (LEA) Maintenance of Effort (MOE) (July 27, 2015)

Topic Areas: Grants, Part B
This memorandum provides a question and answer document (Q&A) on the final local educational agency (LEA) maintenance of effort (MOE) regulations that were published in the Federal Register on April 28, 2015. Read More

OSEP Memo 15-10 Local Educational Agency (LEA) Maintenance of Effort (MOE) Questions and Answers (July 27, 2015)

Topic Areas: Grants, Part B
The purpose of this Memorandum is to provide a question and answer (Q&A) document on the final LEA MOE regulations that were published in the Federal Register on April 28, 2015. Read More

POLICY LETTER: July 16, 2015 to Mark McWilliams

Topic Areas: Discipline/Behavioral Supports, Individualized Education Programs: Development/Review/Revision
Addresses the resolution of a state complaint involving the inclusion of Behavior Intervention Plans (BIPs) in an individualized education program (IEP). Read More

POLICY LETTER: July 6, 2015 to Edward Sarzynski

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Private Schools—Parentally Placed Private School Children
Addresses the application of child find responsibilities for parentally placed private school children with disabilities whose parents reside outside of the country. Read More

OSEP DEAR COLLEAGUE LETTER on Speech and Language Services for Students with Autism Spectrum Disorder (July 6, 2015)

Topic Areas: Autism, Related Services
Addresses the requirement for evaluating the potential need for speech and language services for autistic children receiving services under Part B and Part C. Read More

POLICY LETTER: May 19, 2015 to Heather S. Deaton

Topic Areas: State Complaints
Addresses the procedures for SEA’s responsibility of correction of noncompliance findings related to a State complaint including when those findings overlap with the outcome of a due process hearing. Read More

OSEP Memo 15-08 Letter to Delisle: Children with disabilities with high cognition (April 17, 2015)

Topic Areas: Eligibility Determination
Reminds State Directors to adhere to the guidance provided in the December 20, 2013 Letter to Delisle regarding eligibility for children with disabilities with high cognition. Read More

OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint

Topic Areas: Dispute Resolution, State Complaints
Addresses clarifications for dispute resolution procedures including due process complaints and hearings, mediation and state complaints. Read More

POLICY LETTER: February 23, 2015 to Debbie Baus.

Topic Areas: Evaluation and Reeavluation, Independent Educational Evaluation
Addresses a parent’s right to request an independent education evaluation (IEE) in an area that was not assessed in an LEA evaluation. Read More

POLICY LETTER: January 7, 2015 to Margaret O’Sullivan Kane

Topic Areas: Dispute Resolution
Addresses previously issued guidance regarding due process hearings including district locations for filing due process complaints and subsequent timelines for conducting due process hearings. Read More

2014

OSEP DEAR COLLEAGUE LETTER on the Individuals with Disabilities Education Act for Students with Disabilities in Correctional Facilities (December 5, 2014)

Topic Areas: Correctional Education, Free Appropriate Public Education, Part B
Clarifying state and public agency obligations under the Individuals with Disabilities Education Act to ensure the provision of a free and appropriate public education to eligible students with disabilities in correctional facilities. Read More

POLICY LETTER: November 12, 2014 to Tracy Blodgett

Topic Areas: Deafness and Hearing Impairment, Eligibility Determination, Evaluation and Reeavluation
Addresses the continued eligibility for children receiving services under the “hearing impairment” category, including those children who continue to exhibit learning needs in spite of their hearing loss being corrected. Read More

OSEP DEAR COLLEAGUE LETTER on Meeting the Communication Needs of Students with Hearing, Vision, or Speech Disabilities (November 12, 2014)

Topic Areas: Deafness and Hearing Impairment, Free Appropriate Public Education, Speech or Language Impairment, Visual Impairment Including Blindness
Addresses the obligations of public schools to meet the communication needs of students with disabilities, including students with hearing, vision or speech disabilities. Read More

POLICY LETTER: November 3, 2014 to Atlee Reilly

Topic Areas: State Complaints
Addresses the procedures for state complaints, including burden of proof, as a means of dispute resolution. The SEA has the responsibility to investigate state complaints, gather evidence and determine any potential IDEA violations. Read More

POLICY LETTER: September 29, 2014 to Sam Sutton and David Rubel

Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the provisions for providing equitable services for parentally-placed private school children with disabilities through a consultation process between public and private school representatives and parents. Read More

POLICY LETTER: July 10, 2014 to Kim Wedel

Topic Areas: Part C, Use of Public and Private Insurance
Addresses the IDEA Part C State systems of payment (SOP) use-of-insurance provisions including the payor of last resort requirements. Read More

OSEP LETTER to CSSOs on School Lunch Program (June 11, 2014)

Topic Areas: Allocations to States, Part B
Addresses guidance for LEAs participating in the Community Eligibility Provision (CEP) of the National School Lunch Program (NSLP) and clarifies the definition of poverty for the purpose of allocating IDEA Part B funds. Read More

POLICY LETTER: June 2, 2014 to Mark W. Voigt

Topic Areas: Dispute Resolution
Addresses State-established (Pennsylvania) timeline for implementation of due process hearing decisions. Read More

POLICY LETTER: March 21, 2014 to Janice Breton

Topic Areas: Independent Educational Evaluation, Parents' Rights and Procedural Safeguards
Addresses the use of electronic mail to distribute IEPs and related documents to parents including establishing mutual agreement between the parent and school district and appropriate safeguards. Read More

POLICY LETTER: February 10, 2014 to Jennifer Pardus.

Topic Areas: Parent Consent, Parents' Rights and Procedural Safeguards
Addresses questions about revised parental consent and new written notification requirements in the Part B of the Individuals with Disabilities Education Act (IDEA or Part B) regulations regarding children with disabilities who are covered by public benefits or insurance, which were published in the Federal Register on February 14, 2013 at 78 FR 10525. Read More

POLICY LETTER: February 10, 2014 to Diana M. Savit, Esq.

Topic Areas: Independent Educational Evaluation
Addresses potential time restrictions for classroom observations as part of an Independent Education Evaluation. Addresses the ability of State and local education authorities to determine policy for both third party observations of children in the classroom and for the use of audio and video recording at meetings. Read More

POLICY LETTER: February 7, 2014 to Gene Lenz

Topic Areas: Individualized Education Programs: Development/Review/Revision
Addresses progress monitoring requirements for children participating in alternate assessment aligned to alternate standards. Read More

2013

POLICY LETTER: December 20, 2013 to Deborah Pergament

Topic Areas: Individualized Education Programs: Development/Review/Revision, Related Services
Addresses the potential provision of compensatory services for short-term school disruptions, including those caused by teacher strikes. Read More

POLICY LETTER: December 20, 2013 to Dr. Jim Delisle

Topic Areas: Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Part B
Addresses the procedures for eligibility determination for Specific Learning Disability, including for those students with high cognition. Read More

POLICY LETTER: November 26, 2013 to William J. Casey, Esq.

Topic Areas: Early Childhood Transition, Individualized Education Programs: Development/Review/Revision, Private Schools—Parentally Placed Private School Children
Concerns the location for extended school year services (ESY) for a child transitioning from preschool to kindergarten. Read More

POLICY LETTER: November 5, 2013 to Buckley Hugo

Topic Areas: Specific Learning Disability
Addresses the eligibility criteria to specific learning disabilities in Part B to determine if the state of Maine’s regulations are in compliance. Read More

POLICY LETTER: October 23, 2013 to Luke E. Kelly

Topic Areas: Individualized Education Programs: Development/Review/Revision, Physical Education and Adapted Physical Education
Addresses the provisions for providing children with disabilities access to physical education as part of an Individualized Education Program and in situations when children without disabilities are not provided physical education. Read More

POLICY LETTER: September 24, 2013 to Jan Breton

Topic Areas: Individualized Education Programs: Development/Review/Revision, Parent Consent, Parent Notice
Addresses if a public agency can establish criteria for parental participation in an IEP Team meeting including requiring parents to submit their concerns in writing prior to an IEP meeting. Read More

POLICY LETTER: September 24, 2013 to Marilyn Arons

Topic Areas: Part C
Addressees the ability of a State to decide the specific criteria it will use to determine which information is included in the State’s central directory as per Part C regulations. Read More

POLICY LETTER: September 10, 2013 to Dr. Perry Zirkel

Topic Areas: Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)
Addresses the essential components as part of the Response the Intervention (RTI) process used to provide support and intervention for struggling students and children with disabilities. Read More

POLICY LETTER: September 5, 2013 to Vicky McKinney

Topic Areas: Use of Public and Private Insurance
Addresses the procedures for a public agency providing initial and annual written notification when accessing a child’s or parent’s public benefits or insurance including “no cost” provisions. Read More

POLICY LETTER: September 3, 2013 to W. Kelly Dude

Topic Areas: Secondary and Postsecondary Transition
Addresses participation in courses at a postsecondary institution as part of a student’s IEP transition services including responsibility for public expense. Read More

POLICY LETTER: August 1, 2013 to Michael I. Inzelbuch

Topic Areas: Dispute Resolution, Evaluation and Reeavluation, Independent Educational Evaluation
Addresses the timeline for LEA response to due process complaints and the option for an IEE evaluator to observe a child in the educational setting. Read More

OSEP DEAR COLLEAGUE LETTER on Bullying (August 20, 2013)

Topic Areas: Bullying and Harassment, Free Appropriate Public Education
Addresses the responsibilities of a school district to address bullying of students with disabilities. Provides information on effective evidence-based practices for preventing and addressing bullying. Read More

POLICY LETTER: August 5, 2013 to Diana Bowman

Topic Areas: Free Appropriate Public Education, Highly Mobile Children (Including Military-Connected Children and Children Who are Homeless), Part B
Addresses the transportation of homeless children with disabilities as addressed in Part B of IDEA and the McKinney-Vento Act. Read More

POLICY LETTER: July 31, 2013 to Garth Tymeson

Topic Areas: Early Childhood, Physical Education and Adapted Physical Education
Addresses the provision of physical education for preschool students with disabilities as part of IEP special education and related services, even if the school does not provide general physical education to all students. Read More

OSEP Memo and Q&A on Dispute Resolution (July 23, 2013)

Topic Areas: Dispute Resolution, State Complaints
This Q&A document to provide parents, parent training and information centers, school personnel, state educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facilitate appropriate implementation of the IDEA dispute resolution procedures, including mediation, state complaint procedures, and due process complaint and due process hearing procedures. Read More

POLICY LETTER: July 19, 2013 to Maureen Greer

Topic Areas: Parent Consent, Part C, Use of Public and Private Insurance
Addresses several topics related to the provisions of Part C of IDEA including parental consent and use of private insurance to pay for services. Read More

OSEP DEAR COLLEAGUE LETTER on Education for Highly Mobile Children (July 19, 2013)

Topic Areas: Extended School Year Services, Free Appropriate Public Education
Addresses the IDEA requirements for meeting the needs of highly mobile children with disabilities including evaluations, eligibility determinations, and extended school year (ESY) services. Read More

OSEP DEAR COLLEAGUE LETTER on Braille (June 19, 2013)

Topic Areas: Accessibility - Instruction and Materials, Visual Impairment Including Blindness
Provides guidance to States and public agencies to reaffirm the importance of Braille instruction as a literacy tool for blind and visually impaired students, clarifies the circumstances in which Braille instruction should be provided, and reiterates the scope of an evaluation required to guide decisions of IEP Teams in this area. Identifies resources that are designed to help strengthen the capacity of State and local personnel to meet the needs of students who are blind or visually impaired. Read More

OSEP DEAR COLLEAGUE LETTER on Model Notice, Public Insurance (June 11, 2013)

Topic Areas: Use of Public and Private Insurance
Provides a suggested model for written notification of parental rights regarding the use of public benefits or insurance (e.g., Medicaid). Read More

POLICY LETTER: May 21, 2013 to Christopher Northrop

Topic Areas: Individualized Education Programs: Development/Review/Revision
Addresses if a public agency can establish criteria for parental participation in an IEP Team meeting including requiring parents to submit their concerns in writing prior to an IEP meeting. Read More

POLICY LETTER: May 8, 2013 to Charlcie Flinn

Topic Areas: Confidentiality/FERPA, Coordinated Early Intervening Services
Addresses the confidentiality provisions of records covered under IDEA Part C, the Family Educational Rights and Privacy Act (FERPA) and the Healthy Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Read More

POLICY LETTER: April 18, 2013 to Marsha Johnson

Topic Areas: Individualized Family Services Plan: Development/Review/Revision, Natural Environments, Part C
Addresses the IDEA provision for providing services for infants and toddlers with disabilities in a natural environment, including if a center-based program would meet those requirements. Read More

POLICY LETTER: April 2, 2013 to Glenna Gallo

Topic Areas: Discipline/Behavioral Supports, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)
Addresses parental consent requirements for functional behavior assessments (FBAs) including when used a part of an evaluation and to determine effective of behavioral interventions. Read More

POLICY LETTER: March 27, 2013 to Amy Maisterra

Topic Areas: Deafness and Hearing Impairment, Free Appropriate Public Education, Monitoring and Enforcement, Related Services
Addresses the LEA responsibilities for providing FAPE, transportation and monitoring for students attending programs at the Clerc Center at Gallaudet University. Read More

POLICY LETTER: March 27, 2013 to William Casey

Topic Areas: Dispute Resolution
Addresses the responsibilities of an LEA when convening a resolution meeting to discuss a due process compliant with a parent. Read More

POLICY LETTER: March 27, 2013 to K. Dean Shatley

Topic Areas: Parent
Addresses the procedures for appointing surrogates to service as “parents” per IDEA regulations including the potential eligibility of members of legal aid organizations. Read More

POLICY LETTER: March 7, 2013 to Troy Couillard

Topic Areas: Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)
Addresses the use of federal funds for special educational personnel serving on collaborative multilevel system of support (MLSS) teams and providing intervention services for students with and without disabilities in a MLSS. Read More

POLICY LETTER: February 4, 2013 to Dr. George V. Corwell

Topic Areas: Private Schools—Parentally Placed Private School Children
Addresses the IDEA provisions for providing services for parentally-placed private school children with disabilities, regardless of whether or not their parents reside in the United States or in other countries. Read More

POLICY LETTER: January 30, 2013 to Carol Hokenson

Topic Areas: Coordinated Early Intervening Services
Addresses provisions in IDEA Part B related to coordinated early intervening services (CEIS) and the maintenance of effort (MOE) by local education agencies. Read More

2012

POLICY LETTER: December 7, 2012 to Carmela N. Edmunds

Topic Areas: Confidentiality/FERPA, Education Record, Parents' Rights and Procedural Safeguards, Part C
Letter regarding the status of early intervention records of infants and toddlers with disabilities under Part C of IDEA. Read More

POLICY LETTER: December 5, 2012 to Tomas Ramirez III

Topic Areas: Discipline/Behavioral Supports, Dispute Resolution
Letter regarding whether a hearing office has jurisdiction to determine whether a certain action by a student with a disability amounts to a violation of the school district’s Student Code of Conduct. Read More

POLICY LETTER: December 4, 2012 to David Anderson, Texas Education Agency General Counsel

Topic Areas: Least Restrictive Environment
Letter regarding how the least restrictive environment requirements in Part B of the IDEA apply to local educational agencies (LEAs) when children with disabilities ages 16 through 18 who have dropped out of high school choose to enroll in the National Guard Youth Challenge Program. Read More

POLICY LETTER: November 30, 2012 to Judith A. Gran and Catherine Merino Reisman

Topic Areas: Confidentiality/FERPA, Dispute Resolution
Addresses State criteria governing the attendance of certain LEA employees at a due process hearing when the parent chooses not to open the hearing to the public. Read More

POLICY LETTER: November 20, 2012 to Pat Geary and James P. DeLorenzo

Topic Areas: Disaster Response, Evaluation and Reeavluation
Addresses difficulties faced by LEA’s in meeting the initial evaluation and other relevant timelines in Part B of the IDEA due to an emergency situation caused by Hurricane Sandy. Read More

POLICY LETTER: November 14, 2012 to Dr. Rick Dale

Topic Areas: Coordinated Early Intervening Services, Use of Funds
Addresses an LEA’s use of funds under Part B of the IDEA for coordinated early intervening services. Read More

POLICY LETTER: November 7, 2012 to Michael L. Boswell, Esq.

Topic Areas: Private Schools—Parentally Placed Private School Children
Reiterates the Department’s previous guidance regarding the requirements in Part B of the IDEA that apply to children with disabilities enrolled by their parents in private schools through a State funded scholarship program. Read More

POLICY LETTER: November 7, 2012 to Dorene J. Philpot

Topic Areas: Dispute Resolution
Addresses whether certain Texas’ due process procedural rules are consistent with Part B of IDEA. Read More

POLICY LETTER: October 18, 2012 to Steven L. Goldstein, Esq.

Topic Areas: Dispute Resolution, Free Appropriate Public Education, Placement
Addresses the requirement to maintain a child’s current educational placement during the pendency of administrative or judicial proceedings brought under Part B of IDEA. Read More

POLICY LETTER: September 6, 2012 to Arthur Ackerhalt

Topic Areas: Individualized Education Programs: Development/Review/Revision, Related Services
Letter regarding an LEA’s policy addressing start dates for providing related services during the school year. Read More

POLICY LETTER: August 20, 2012 to Congresswomen Gwen Moore

Topic Areas: Grants
Letter regarding Wisconsin’s implementation of the requirements of Part B of the IDEA regarding local maintenance of effort (MOE). Read More

POLICY LETTER: August 9, 2012 to Paula Walker, Lewisville Independent School District Executive Director of Special Education

Topic Areas: Dispute Resolution, Parents' Rights and Procedural Safeguards
Letter regarding parent participation in resolution meetings. Read More

POLICY LETTER: August 8, 2012 to Alex P. Apostle, Missoula County Public Schools Superintendent

Topic Areas: Private Schools—Parentally Placed Private School Children
Letter regarding how a local education agency (LEA) can meet equitable services requirements for parentally-placed private school children with disabilities if student enrollment changes during the school year. Read More

POLICY LETTER: July 13, 2012 to Senator Patty Murray

Topic Areas: Individualized Education Programs: Development/Review/Revision, Visual Impairment Including Blindness
Letter regarding the individualized education program (IEP) requirements governing braille instruction for blind or visually impaired students. Read More

POLICY LETTER: June 26, 2012 to U.S. Congresswoman Lynn C. Woolsey

Topic Areas: Monitoring and Enforcement
Letter regarding the Office of Special Education Programs’ monitoring of States’ compliance with requirements of the IDEA. Read More

POLICY LETTER: June 22, 2012 to Disability Rights Wisconsin Managing Attorney Jeffrey Spitzer-Resnick

Topic Areas: Least Restrictive Environment, Parent Notice, Secondary and Postsecondary Transition
Letter regarding how the least restrictive environment requirements apply to work placements that are part of a student’s transition plan. Read More

POLICY LETTER: June 22, 2012 to Virginia Department of Education Assistant Superintendent H. Douglas Cox

Topic Areas: Discipline/Behavioral Supports, Dispute Resolution
Letter regarding timelines for expedited due process hearings when school is not in session. Read More

POLICY LETTER: June 21, 2012 to Edward Sarzynski

Topic Areas: Discipline/Behavioral Supports, Placement, Related Services
Letter regarding how discipline procedures apply to bus suspensions (when school districts temporarily prohibit a student from riding the bus). Read More

POLICY LETTER: June 13, 2012 to East End Special Education Parents, Inc., President Kathleen Chamberlain

Topic Areas: Free Appropriate Public Education, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs, Use of Funds
Letter regarding children with disabilities enrolled by their parents in private schools when free appropriate public education (FAPE) is at issue and clarification of child find requirements for parentally placed private school children. Read More

POLICY LETTER: June 6, 2012 to West Virginia attorney James Gerl

Topic Areas: Dispute Resolution, Parent Consent, Parent Notice
Letter regarding whether an LEA may offer mediation when parents revoke consent to the continued provision of special education and related services to their child. Read More

POLICY LETTER: May 9, 2012 to Special Education Advocate Ellen M. Chambers

Topic Areas: Related Services
Letter regarding whether instruction or services provided in a school district’s regular education program can be considered specially-designed instruction or related services. Read More

POLICY LETTER: April 9, 2012 to individual (personally identifiable information redacted)

Topic Areas: Confidentiality/FERPA, Discipline/Behavioral Supports, Education Record, Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision, Parent Consent, Parent Notice, State Complaints
Letter regarding various requirements of Part B of the IDEA, including functional behavioral assessments, out-of-state transfer students, State complaint procedures, and education records. Read More

POLICY LETTER: March 28, 2012 to Individual (personally identifiable information redacted)

Topic Areas: Enrollment, Part C
Letter regarding how State residency requirements may be implemented consistent with Part C of IDEA. Read More

POLICY LETTER: March 7, 2012 to an Individual (personally identifiable information redacted)

Topic Areas: Attorneys and Attorney Fees, Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Least Restrictive Environment, Placement, Use of Audio or Video Recording Devices
Letter regarding individualized education program and placement requirements and applicable due process procedures in Part B of the IDEA. Read More

POLICY LETTER: February 29, 2012 to Philip Ferrara

Topic Areas: Evaluation and Reeavluation, Least Restrictive Environment, Placement
Letter regarding the relationship between a process based on the child’s response to scientific, research-based intervention and the evaluation requirements in Part B of the IDEA. Read More

POLICY LETTER: February 16, 2012 to Brenda Cassellius, Minnesota Department of Education Commissioner

Topic Areas: Dispute Resolution, Monitoring and Enforcement, Parents' Rights and Procedural Safeguards
Letter regarding the explanation in Minnesota’s notice of procedural safeguards of a parent’s opportunity to request a due process hearing under Minnesota law. Read More

POLICY LETTER: February 9, 2012 to Amy Goetz and Atlee Reilly, School Law Center LLC

Topic Areas: Dispute Resolution, Monitoring and Enforcement
Letter regarding the right of a parent of a child with a disability to request a due process hearing under Minnesota law. Read More

2011

POLICY LETTER: December 19, 2011 to Denise Koscielniak, New Mexico Director of Special Education

Topic Areas: Eligibility Determination, Individualized Education Programs: Development/Review/Revision, Related Services, Speech or Language Impairment
Letter regarding public agency criteria for determining whether a child should continue to receive speech-language pathology services. Read More

POLICY LETTER: December 6, 2011 to Susan Luger Associates

Topic Areas: Private Schools—Parentally Placed Private School Children, Related Services
Letter regarding transportation for children with disabilities who are placed in private schools by their parents. Read More

POLICY LETTER: September 30, 2011 to Ronald Stern, Conference of Educational Administrators of Schools and Programs of the Deaf, Inc. President

Topic Areas: Least Restrictive Environment, Monitoring and Enforcement, Part C
Letter clarifying that the data reporting requirements for State Performance Plan/Annual Performance Report (SPP/APR) indicators regarding least restrictive environment and natural environments do not mandate particular placements for infants and toddlers or children with disabilities. Read More

POLICY LETTER: September 26, 2011 to H. Douglas Cox, Commonwealth of Virginia Department of Education and Student Services, Assistant Superintendent

Topic Areas: Individualized Education Programs: Development/Review/Revision, Secondary and Postsecondary Transition
Letter clarifying when it would be permissible for a student’s individualized education program (IEP) to include a postsecondary goal or goals combining the areas of training and education. Read More

POLICY LETTER: September 6, 2011 to Ronald Caplan, Board of Childcare, Community Education Director

Topic Areas: Parent, Ward of the State
Letter clarifying when a public agency is required to appoint a surrogate parent for a child who is a ward of the State. Read More

Creating Equitable Opportunities for Children and Youth with Disabilities to Access Physical Education and Extracurricular Athletics (August 25, 2011)

Topic Areas: Physical Education and Adapted Physical Education
This document, released in 2011, disseminates information on improving opportunities for children and youth to access physical education and athletics, and to refer the reader to sources of additional information regarding the inclusion of children and youth with disabilities in PE and athletic extracurricular activities. Read More

POLICY LETTER: May 26, 2011 to East End Special Education Parents President Kathleen Chamberlain

Topic Areas: Dispute Resolution, Free Appropriate Public Education, Private Schools—Parentally Placed Private School Children

Summary

Letter responding to an inquiry as to whether a child with a disability should be considered publicly-placed or parentally-placed...

Read More

POLICY LETTER: April 25, 2011 to Center for Education Advocacy, Inc. Director Lilly Rangel-Diaz

Topic Areas: Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Related Services, Speech or Language Impairment, State Complaints
Letter addresses whether a school district may have a practice of generally prohibiting related services personnel, specifically speech-language pathologists, physical therapists, and occupational therapists, from attending individualized education program (IEP) Team meetings when parents request that a related services provider attend the meeting. Read More

POLICY LETTER: March 2, 2011 to District of Columbia Acting State Superintendent of Education Hosanna Mahaley

Topic Areas: Correctional Education, Monitoring and Enforcement
Letter reiterating the Office of Special Education Programs’ (OSEP’s) previous guidance that IDEA makes no provision for funding special education and related services for individuals with disabilities incarcerated in Federal prisons. Read More

POLICY LETTER: January 24, 2011 to individual (personally identifiable information redacted)

Topic Areas: Individualized Education Programs: Development/Review/Revision

TOPIC: Individualized Education Plan

Read More

MEMO: OSEP Memo 11-07 Response to Intervention (RTI) (January 21, 2011)

Topic Areas: Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)

UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES
January 21, 2011
OSEP 11-07 Read More

POLICY LETTER: January 6, 2011 to Lehigh University Professor of Education and Law Perry A. Zirkel

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Parent Consent, Private Schools—Parentally Placed Private School Children, Specific Learning Disability
Letter clarifying how LEAs that use a response-to-intervention (RTI) process can determine whether a child enrolled in a private school by his or her parents has a specific learning disability. Read More

POLICY LETTER: January 5, 2011 to Texas West Independent School District Assistant Superintendent Jan Hungate

Topic Areas: Least Restrictive Environment, Placement
Letter regarding the least restrictive environment requirements in Part B of the IDEA that apply to children with disabilities who reside in a residential facility located in the district. Read More

POLICY LETTER: January 5, 2011 New York State Education Department Associate Commissioner Rebecca Cort

Topic Areas: Dispute Resolution, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs

Summary

Letter regarding whether, absent a ruling by a court or hearing officer, a local educational agency (LEA) can reach...

Read More

2010

POLICY LETTER: December 16, 2010 to individuals (personally identifiable information redacted)

Topic Areas: Discipline/Behavioral Supports, Individualized Education Programs: Development/Review/Revision
Letter responding to concerns about the use of seclusion and restrain with students with disabilities in schools. Read More

POLICY LETTER: November 10, 2010 to Texas Education Agency General Counsel David Anderson

Topic Areas: Dispute Resolution
Letter to Texas Education Agency General Counsel David Anderson, clarifying that it would be inconsistent with the IDEA for a state to adopt a regulation suspending the timeline for convening a resolution session when the state receives a complaint shortly before or during the LEA’s winter break. Read More

POLICY LETTER: October 28, 2010 to Maryland attorney Matthew Scott Weiner

Topic Areas: Dispute Resolution, Parents' Rights and Procedural Safeguards
Letter to Maryland attorney Matthew Scott Weiner, regarding requests for reconsideration of final due process hearing decisions. Read More

POLICY LETTERS: October 26, 2010 to Colleagues from the Office for Civil Rights

Topic Areas: Bullying and Harassment
Dear Colleague Letter from Office for Civil Rights Assistant Secretary, regarding bullying and harassment, including disability harassment. Read More

POLICY LETTER: October 13, 2010 to Florida Department of Health Early Steps Program Part C Coordinator Lynne Marie Price

Topic Areas: Confidentiality/FERPA, Education Record, Part C
Letter to Florida Department of Health Early Steps Program Part C Coordinator Lynne Marie Price, regarding whether a State must provide parents with a copy of a test protocol that contains personally identifiable information about their child as part of their child’s Part C IDEA records. Read More

POLICY LETTER: October 4, 2010 to School Law Center, LLC attorneys Amy Goetz and Atlee Reilly

Topic Areas: Dispute Resolution
Letter to School Law Center, LLC attorneys clarifying that the IDEA does not prevent a parent whose child changes school districts from filing a timely due process complaint against a local educational agency (LEA) where the child previously attended school. Read More

POLICY LETTER: September 16, 2010 to Florida Infants and Young Children Executive Director Pat Grosz

Topic Areas: Monitoring and Enforcement, Part C, SPP/APR
Letter to Florida Infants and Young Children Executive Director regarding requirements for States to establish targets of 100% for all compliance indicators in State Performance Plans and Annual Performance Reports under Part C of the IDEA. Read More

POLICY LETTER: August 31, 2010 to Kansas State Department of Education Attorney Mark Ward

Topic Areas: Parent Consent
Letter to Kansas State Department of Education Attorney reiterating that a local educational agency (LEA) must accept either parent’s revocation of consent for the child’s continued receipt of special education and related services, provided that the parent has legal authority to make educational decisions on behalf of the child. Read More

POLICY LETTER: August 23, 2010 to Conference of Educational Administrators of Schools and Programs for the Deaf, Inc. President Edward H. Bosso, Jr.

Topic Areas: Deafness and Hearing Impairment, Individualized Education Programs: Development/Review/Revision, Least Restrictive Environment
Letter to Conference of Educational Administrators of Schools and Programs for the Deaf, Inc., President regarding factors to be considered in determining placement for students who are deaf. Read More

POLICY LETTER: August 13, 2010 to individuals (personally identifiable information redacted)

Topic Areas: Dispute Resolution, Independent Educational Evaluation, Parents' Rights and Procedural Safeguards
Letter regarding public agency criteria for independent education evaluations, particularly the qualifications of examiners conducting psychological evaluations. Read More

POLICY LETTER: August 5, 2010 to Little Cypress-Mauriceville Director of Special Programs Dr. Robert H. Finch

Topic Areas: Dispute Resolution, Free Appropriate Public Education, Individualized Education Programs: Development/Review/Revision
Letter to Little Cypress-Mauriceville Director of Special Programs regarding individualized education program (IEP) goals for transfer students with disabilities during the time period when the new public agency is required to provide services comparable to those described in the child’s IEP from the previous public agency. Read More

POLICY LETTER: August 5, 2010 to Missouri Division of Special Education Assistant Commissioner Heidi Atkins-Lieberman

Topic Areas: Parent Notice, Parents' Rights and Procedural Safeguards
Letter to Missouri Division of Special Education Assistant Commissioner regarding whether a public agency is required to include a child’s specific category of eligibility in a prior written notice provided under IDEA Part B. Read More

POLICY LETTER: July 13, 2010 to Texas Education Agency General Counsel David Anderson

Topic Areas: Dispute Resolution, Grants, Part C
Letter to Texas Education Agency General Counsel regarding the effect of a settlement agreement resulting from a mediation or resolution meeting on claims raised in subsequent state complaints. Read More

POLICY LETTER: June 14, 2010 to National Association of State Directors of Special Education Executive Director Bill East

Topic Areas: Grants
Letter to National Association of State Directors of Special Education Executive Director reiterating that the calculation of state financial support for special education and related services for children with disabilities includes financial support made available by agencies other than the state educational agency. Read More

POLICY LETTER: June 9, 2010 to Maryland attorney Eric Brousaides, Esq.

Topic Areas: Monitoring and Enforcement
Letter to Maryland attorney clarifying that a state determines the form of documentation necessary to show that public agencies are in compliance with individualized education program (IEP) requirements. Read More

POLICY LETTER: June 3, 2010 to Missouri attorney Deborah S. Johnson

Topic Areas: Evaluation and Reeavluation, Parent Consent
Letter to Missouri attorney regarding the definition of consent in the regulations implementing Part B of the IDEA. Read More

POLICY LETTER: June 2, 2010 to Head Start/Hilton Foundation Training Program SpecialQuest Birth-Five Director Linda Brekken

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Parent Consent, Part C
Letter to Head Start/Hilton Foundation Training Program SpecialQuest Birth-Five Director regarding whether the response to intervention requirements in Part B of the IDEA are applicable to children ages three through five enrolled in Heat Start programs. Read More

POLICY LETTER: June 1, 2010 to Michigan Department of Education Office of Special Education and Early Intervention Services official John Andrejack

Topic Areas: Coordinated Early Intervening Services, Grants, Private Schools—Parentally Placed Private School Children, Significant Disproportionality (Equity in IDEA), Use of Funds
Letter to Michigan Department of Education Office of Special Education and Early Intervention Services official clarifying requirements for expending the proportionate amount of Part B funds for equitable services, use of funds for coordinated early intervening services, and local maintenance of effort. Read More

POLICY LETTER: May 14, 2010 to New York State Education Department Vocational and Educational Services for Individuals with Disabilities Deputy Commissioner Rebecca Cort

Topic Areas: Eligibility Determination, Free Appropriate Public Education, Secondary and Postsecondary Transition
Letter to New York State Education Department Vocational and Educational Services for Individuals with Disabilities Deputy Commissioner regarding whether there is a relationship between General Education Development (GED) programs and free appropriate public education (FAPE) requirements. Read More

POLICY LETTER: May 5, 2010 to Maryland attorney Jerrold Miller, Esq.

Topic Areas: Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs

Summary

Letter to Maryland attorney regarding the limitation on a parent’s right to reimbursement for the cost of his or...

Read More

POLICY LETTER: February 12, 2010 to American Association of School Administrators Deputy Executive Director Bruce Hunter

Topic Areas: Grants
Letter to the American Association of School Administrators Deputy Executive Director clarifying that State Fiscal Stabilization Funds under the ARRA may be used, under certain circumstances, to meet Part B of the IDEA State and local maintenance of effort requirements. Read More

POLICY LETTER: February 12, 2010 to Alabama attorney James Irby

Topic Areas: Attorneys and Attorney Fees, Dispute Resolution, Individualized Education Programs: Development/Review/Revision, Parents' Rights and Procedural Safeguards
Letter to Alabama attorney regarding parent participation at resolution meetings. Read More

POLICY LETTER: February 12, 2010 to Florida Department of Health Early Steps Bureau Chief Janice M. Kane

Topic Areas: Coordinated Early Intervening Services, Individualized Family Services Plan: Development/Review/Revision, Part C
Letter to Florida Department of Health Early Steps bureau chief clarifying the relationship of peer-reviewed research to the frequency and intensity of the early intervention services to be included in an infant’s or toddler’s individualized family service plan. Read More

POLICY LETTER: February 12, 2010 to Alabama attorney James Irby

Topic Areas: Dispute Resolution, Grants
Letter to Alabama attorney regarding how an IEP Team could ensure that students with disabilities who need additional reading instruction are not prevented from participating in mandatory physical education instruction. Read More

POLICY LETTER: February 2, 2010 to Miami-Dade County Public Schools Assistant Attorney Mary C. Lawson

Topic Areas: Attorneys and Attorney Fees, Dispute Resolution
Letter to Miami-Dade County Public Schools Assistant Attorney clarifying that a local educational agency may not bring an attorney to a resolution meeting if a parent brings an advocate or other qualified representative to the meeting, in lieu of an attorney. Read More

POLICY LETTER: January 27, 2010 to New Jersey Speech-Language-Hearing Association School Affairs Chair Sue A. Goldman

Topic Areas: Personnel Qualifications, Teachers, Providers and Personnel
Letter to New Jersey Speech-Language-Hearing Association School Affairs Chair clarifying that the DIEA does not permit States to obtain a waiver of state-approved certification requires for related service providers who currently do not meet state certification requirements but does permit states to use alternate certification routes for such personnel. Read More

POLICY LETTER: January 7, 2010 to educational advocate Dorothy M. Richards

Topic Areas: Individualized Education Programs: Development/Review/Revision
Letter to educational advocate regarding the role of a public agency representative on the IEP Team. Read More

POLICY LETTER: January 7, 2010 to Texas attorney Nona Matthews

Topic Areas: Individualized Education Programs: Development/Review/Revision
Letter to Texas attorney regarding the requirement to include a child’s IEP information on the frequency, duration, and location of the special education and related services provided to the child. Read More

POLICY LETTER: January 4, 2010 to an individual (personally identifiable information redacted)

Topic Areas: Evaluation and Reeavluation
Letter regarding whether a public agency’s procedures relating to a parent’s right to obtain an independent educational evaluation at public expense are consistent with the IDEA. Read More

2009

POLICY LETTER: December 8, 2009 to New York Attorney Lawrence Weinberg

Topic Areas: Eligibility Determination, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs
Letter regarding whether parents can obtain reimbursement under Part B of IDEA for the costs of private placement for a child not previously found eligible for special education and related services. Read More

POLICY LETTER: November 13, 2009 to California Early Start Part C Coordinator Rick Ingraham

Topic Areas: Coordinated Early Intervening Services, Individualized Family Services Plan: Development/Review/Revision, Parent Consent, Parents' Rights and Procedural Safeguards, Part C
Letter to Part C Coordinator, Early-Start regarding whether a parent signature is required for any change to an early intervention service identified on the individualized family service plan under Part C of IDEA. Read More

POLICY LETTER: November 13, 2009 to Iowa Department of Education Chief Lana Michelson and Legal Consultant Thomas A. Mayes

Topic Areas: Grants, Significant Disproportionality (Equity in IDEA)
Letter to Iowa Department of Education, Student and Family Support Services Chief and Legal Consultant regarding guidance on Part B of IDEA and the American Recovery and Reinvestment Act of 2009. Read More

POLICY LETTER: November 13, 2009 to Senator Lamar Alexander, Senator Richard M. Burr, Senator Tom Colburn, Senator Michael B. Enzi, Senator Judd Gregg, Senator Orrin G. Hatch, and Senator Jonny Isakson

Topic Areas: Grants, Use of Funds
Letter to United States Senator Lamar Alexander, regarding the Department’s propose to adjust the state administrative caps under Title I, Part A of the elementary and Secondary Education Act and section 611 of the IDEA to help defray the costs of data collections that are specifically related to the additional funds made available to these programs under the American Recovery and Reinvestment Act. Read More

POLICY LETTER: October 27, 2009 to Nevada Aging and Disability Services Division Part C Coordinator Wendy Whipple

Topic Areas: Compensatory Services, Dispute Resolution, Individualized Family Services Plan: Development/Review/Revision, Part C
Letter regarding a state's obligation under Part C of the IDEA to locate families and provide compensatory services to children who no longer reside in the state. Read More

POLICY LETTER: October 27, 2009 to National Association of Private Special Education Centers Executive Director and CEO Sherry L. Kolbe

Topic Areas: Teachers, Providers and Personnel, Use of Funds
Letter to National Association of Private Special Education Centers, Executive Director and CEO regarding whether private specialized programs can compensate therapist employees and contractors for attending training sessions held on program campuses that occur beyond regular work hours with 611/619 funds. Read More

POLICY LETTER: October 21, 2009 to Chief State School Officers and State Directors of Special Education

Topic Areas: Grants, Monitoring and Enforcement
Letter to Chief State School Officers, regarding increased IDEA funding resulting from the enactment of the American Recovery and Reinvestment Act. Read More

POLICY LETTER: September 25, 2009 to Impartial Hearing Officer Sinai Halberstam

Topic Areas: Private Schools—Parentally Placed Private School Children
Letter regarding the impact of the Supreme Court’s decision in Forest Grove School District v. T.A. on the existing regulations governing children with disabilities placed by their parents in private schools. Read More

POLICY LETTER: September 23, 2009 to Texas Education Agency General Counsel David Anderson

Topic Areas: Assessment - State and Districtwide Assessments, Correctional Education
Letter to Texas Education Agency Attorney regarding whether Part B of the IDEA requires students with disabilities who are incarcerated in certain correctional facilities to participate in statewide assessments. Read More

POLICY LETTER: August 25, 2009 to individual (personally identifiable information redacted)

Topic Areas: Assessment - State and Districtwide Assessments
Letter regarding the type of alternative assessment that can be administered to a student with a disability who does not participate in the public school curriculum management system. Read More

POLICY LETTER: August 24, 2009 to New York Attorney Tara Moffett

Topic Areas: Evaluation and Reeavluation, Free Appropriate Public Education, Secondary and Postsecondary Transition
Letter regarding when neither a free appropriate public education nor ongoing eligibility services is at issue, what, if any, obligation does a district, through the IDEA, have to conduct additional testing to satisfy the eligibility criteria established by the College Board or other testing programs to secure testing accommodations on the SAT/ACT. Read More

POLICY LETTER: August 21, 2009 to Virginia Assistant Superintendent for Special Education and Student Services H. Douglas Cox

Topic Areas: Parent Consent, Parents' Rights and Procedural Safeguards
Letter to Commonwealth of Virginia Department of Education, Special Education and Student Services Assistant Superintendent regarding what local educational agencies are required to do when parents, both with legal authority to make educational decisions for their child, disagree on the revocation of consent for special education and related services. Read More

POLICY LETTER: August 21, 2009 to Maryland Assistant State Superintendent for the Division of Special Education/Early Intervention Services Carol Ann Heath

Topic Areas: Individualized Education Programs: Development/Review/Revision, Secondary and Postsecondary Transition
Letter to Maryland State Department of Education, Division of Special Education/Early Intervention Services Assistant State Superintendent clarifying 34 CFR §300.320(b)(1), which states that IEPs must include appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills. Read More

POLICY LETTER: August 21, 2009 to New Jersey attorney Rotimi Owoh

Topic Areas: Discipline/Behavioral Supports, Placement
Letter to New Jersey Attorney regarding the length of the disciplinary removal and not the result of a manifestation determination. Read More

POLICY LETTER: July 31, 2009 to Chief State School Officers

Topic Areas: Discipline/Behavioral Supports
Letter to Chief State School Officers regarding a hearing held by the Education and Labor Committee in the U.S. House of Representatives to examine the abusive and potentially deadly misapplication of seclusion and restrain techniques in schools. Read More

POLICY LETTER: June 30, 2009 to Bureau of Indian Education (BIE), Supervisory Education Specialist Gloria J. Yepa

Topic Areas: Attorneys and Attorney Fees, Use of Funds
Letter to Bureau of Indian Education Supervisory Education Specialist regarding whether the BIE can use Part B funds reserved for administration to pay a portion of the salary of an attorney who provides advice on the administration of the grants to states program. Read More

Q&A on Disproportionality (June 25, 2009)

This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties...

Read More

GUIDANCE: Discipline Procedures (June 2009)

TOPIC ADDRESSED: This Q&A document on discipline procedures provides parents, parent training and information centers, school personnel, state educational agencies...

Read More

POLICY LETTER: April 7, 2009 to Chula Vista Elementary School District Union Representative Johncarlos Torres

Topic Areas: Evaluation and Reeavluation, Parent Consent
Letter to Chula Vista Elementary School District Union Representative regarding when screening of students to determine appropriate instructional strategies is permissible and when an evaluation for special education and related services is required. Read More

POLICY LETTER: March 30, 2009 to individual (personally identifiable information redacted)

Topic Areas: Charter School, Least Restrictive Environment, Placement
Letter concerning the requirements for a continuum of alternative placements and clarifying that the least restrictive environment requirements in Part B of the IDEA are applicable to children with disabilities who attend public charter schools. Read More

POLICY LETTER: March 26, 2009 to Missouri Attorney Teri B. Goldman

Topic Areas: Eligibility Determination, Individualized Education Programs: Development/Review/Revision, Private Schools—Parentally Placed Private School Children
Letter to Missouri Attorney clarifying the requirements in Part B of the IDEA that apply when a parent reenrolls their parentally-placed private school or home-schooled child with a disability in a public school. Read More

POLICY LETTER: February 4, 2009 to Minnesota Department of Education Supervisor of the Division of Program Finance Carol Hokenson

Topic Areas: Allocations to States, Grants
Letter to Minnesota Department of Education Supervisor of the Division of Program Finance clarifying how the requirements for state education agencies to allocate funds under Part B of the IDEA to eligible LEAs apply to cooperatives and member districts in Minnesota. Read More

POLICY LETTER: January 28, 2009 to Maryland Attorney Michael J. Eig

Topic Areas: Evaluation and Reeavluation, Private Schools—Parentally Placed Private School Children
Letter to Maryland Attorney clarifying that the LEA of the parent’s resident, not the LEA where the private school the child attends is located, is responsible for conducting an evaluation for purposes of making a free appropriate public education available to a child who did not previously receive special education services from the LEA of the residence and is parentally-placed in a private school located in another LEA. Read More

POLICY LETTER: January 15, 2009 to Ohio Department of Education Chief Counsel Matthew J. DeTemple

Topic Areas: Use of Funds
Letter to Ohio Department of Education Chief Counsel regarding whether funds reserved for State-level activities under Part B of the IDEA can be used in conjunction with other State and Federal funds to provide technical assistance to schools and local educational agencies (LEAs) identified for correction or improvement under the Elementary and Secondary Education Act of 1965, as amended by No Child Left Behind Act of 2001. Read More

2008

POLICY LETTER: December 11, 2008 to individual (personally identifiable information redacted)

Topic Areas: Dispute Resolution, Individualized Education Programs: Development/Review/Revision
Letter clarifying when a parent or an LEA may file a due process complaint regarding an individualized education program (IEP) that is not the child’s most recent IEP. Read More

POLICY LETTER: December 11, 2008 to Lehigh University Professor Perry A. Zirkel

Topic Areas: Independent Educational Evaluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)
Letter clarifying when a parent of a child suspected of having a specific learning disability has the right to an independent educational evaluation at public expense under Part B of the IDEA. Read More

POLICY LETTER: November 17, 2008 to Harrisburg, Pennsylvania attorney Jeffrey F. Champagne

Topic Areas: Early Childhood Transition, Individualized Education Programs: Development/Review/Revision, Parent Consent
Letter clarifying the parental consent requirements in Part B of IDEA that apply when children with disabilities receive special education and related services in preschool from an intermediate educational unit and subsequently receive special education and related services in kindergarten from a school district. Read More

OSEP LETTER: Nov. 4, 2008 to Montana Office of Public Instruction Department of Special Education Services Assistant Superintendent Robert Runkel

Topic Areas: Significant Disproportionality (Equity in IDEA)
Letter to Montana Office of Public Instruction Department of Special Education Services Assistant Superintendent concerning methods for the collection and examination of data in making determinations of significant disproportionality under Part B of the IDEA. Read More

POLICY LETTER: October 31, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver.

Topic Areas: Monitoring and Enforcement
Letter clarifying OSEP's authority to require states to ensure that their local educational agencies (LEAs) correct all identified noncompliance' with the requirements of the Individuals with Disabilities Education Act (IDEA). Read More

POLICY LETTER: August 15, 2008 to Missouri Department of Elementary and Secondary Education Assistant Commissioner Heidi Atkins Lieberman

Topic Areas: Parent Notice, Parents' Rights and Procedural Safeguards
Letter to Missouri Department of Elementary and Secondary Education Assistant Commissioner concerning whether the prior written notice requirements in Part B of the IDEA are applicable when a parent proposes a change or a public agency proposes a change with which a parent agrees. Read More

POLICY LETTER: August 15, 2008 to Kentucky School Boards Association Senior Attorney Teresa T. Combs

Topic Areas: Discipline/Behavioral Supports, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI)
Letter to Kentucky School Boards Association Senior Attorney clarifying the requirements in Part B of the IDEA that apply to evaluations of children suspected of having specific learning disabilities when those students are subject to disciplinary measures. Read More

POLICY LETTER: August 7, 2008 to Idaho Commission for the Blind and Visually Impaired Administrator Angela Jones

Topic Areas: Monitoring and Enforcement, Visual Impairment Including Blindness
Letter to Idaho Commission for the Blind and Visually Impaired Administrator concerning a separate state agency that would provide outreach programs for children who are blind or visually impaired. Read More

MEMO: OSEP Memo 08-09 Coordinated Early Intervening Services (July 28, 2008)

Topic Areas: Coordinated Early Intervening Services, Use of Funds

Summary

Guidance providing states with information regarding the use of funds provided under Part B of the Individuals with Disabilities...

Read More

POLICY LETTER: July 23, 2008 to Kinney Management Services, LLC representative Joseph Kinney

Topic Areas: Parent Consent, Use of Public and Private Insurance
Letter to Kinney Management Services, LLC representative reiterating the Department’s position that Medicaid billing issues are governed primarily by Medicaid requirements that apply when access to public benefits or insurance is sought. Read More

POLICY LETTER: July 9, 2008 to individual (personally identifiable information redacted)

Topic Areas: Dispute Resolution, Monitoring and Enforcement
Letter dated July 9, 2008 to Individual, concerning the minimum state complaint procedures in the regulations for Part B of the IDEA and concerns about a state educational agency’s resolution of a particular state complaint. Read More

POLICY LETTER: July 9, 2008 to The ARC of Pennsylvania Executive Director Stephen H. Suroviec

Topic Areas: Dispute Resolution, Monitoring and Enforcement
Letter to The ARC of Pennsylvania Executive Director declining his request for the Office of Special Education Programs to conduct an investigation of the Pennsylvania Department of Education’s due process system, describing the minimum state complaint procedures in the regulations for Part B of the IDEA. Read More

POLICY LETTER: July 9, 2008 to Vermont Parent Information Center Lead Family Consultant Martha Frank

Topic Areas: Least Restrictive Environment, Secondary and Postsecondary Transition
Letter to Vermont Parent Information Center Lead Family Consultant clarifying the factor that must be considered when a parent requests a public placement for their child at a private postsecondary institution. Read More

POLICY LETTER: June 5, 2008 to Austin Independent School District General Counsel Ylise Janssen

Topic Areas: Discipline/Behavioral Supports, Use of Funds
Letter to Austin Independent School District providing guidance on what a functional behavioral assessment (FBA) is and should consist of, and who can or must conduct the FBA. Read More

POLICY LETTER: June 3, 2008 to Michigan Office of Special Education and Early Intervention Services Supervisor of Program Improvement Frances F. Loose

Topic Areas: Discipline/Behavioral Supports, Significant Disproportionality (Equity in IDEA)
Letter to Office of Special Education and Early Intervention Services Supervisor of Program Improvement regarding a school district’s responsibilities under 34 CFR §300.646(b) to review and, if appropriate, revise policies, procedures and practices, when the state educational agency (SEA) finds significant disproportionality with regard to the incidence, duration and type of disciplinary actions, including suspensions and expulsions in that district. Read More

POLICY LETTER: June 3, 2008 to Indiana Attorney Joseph Daniel Thomas

Topic Areas: Individualized Education Programs: Development/Review/Revision
Letter to Indiana Attorney regarding scheduling meetings of the individualized education program (IEP) Team under Part B of the IDEA. Read More

POLICY LETTER: June 3, 2008 to individual (personally identifiable information redacted)

Topic Areas: Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision, Parent Consent, Specific Learning Disability
Letter regarding the requirements under Part B of IDEA for serving children who are classified as having a specific learning disability. Read More

POLICY LETTER: May 28, 2008 to American Speech-Language-Hearing Association Director of Education and Regulatory Advocacy Catherine Clarke

Topic Areas: Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Related Services, Speech or Language Impairment, Teachers, Providers and Personnel
Letter to American Speech-Language-Hearing Association Director of Education and Regulatory Advocacy clarifying the role of speech-language pathologists in the use of the Reponses to Intervention model that can be a component of an evaluation for children suspected of having a specific learning disability. Read More

POLICY LETTER: May 7, 2008 to Kinney Management Services, LLC Representative Joseph Kinney

Topic Areas: Grants, Parent Consent, Use of Public and Private Insurance
Letter regarding state’s public insurance payment processes and how to obtain informed parental consent for releasing information to Medicaid. Read More

POLICY LETTER: May 6, 2008 to individual (personally identifiable information redacted)

Topic Areas: Instruction and Instructional Materials
Letter clarifying the requirements governing access to the general education curriculum in the regulations of Part B of IDEA. Read More

POLICY LETTER: May 6, 2008 to New York Attorney Edward J. Sarzynski.

Topic Areas: Evaluation and Reeavluation, Parent Consent
Letter further clarify the position stated in the Office of Special Education Programs' (OSEP's) September 5, 2007 letter, which addressed whether, under Part B of the Individuals with Disabilities Education Act (IDEA), a parent's written consent is required for all evaluations that are not standardized tests administered to all students. Read More

POLICY LETTER: May 1, 2008 to West Virginia Attorney James Gerl.

Topic Areas: Discipline/Behavioral Supports, Dispute Resolution
Letter regarding the requirements for expedited due process hearings conducted in accordance with 34 CFR §300.532 of the regulations for Part B of the Individuals with Disabilities Education Act (Part B). Read More

POLICY LETTER: April 22, 2008 to Texas Education Agency General Counsel David Anderson

Topic Areas: Child Find Procedures—Identify, locate, and evaluate children suspected of having a disability, Enrollment
Letter to Texas Education Agency General Counsel regarding educational standards recently issued by the U.S. Immigration and Customs Enforcement for children housed in ICE residential family facilities. Read More

POLICY LETTER: April 17, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver

Topic Areas: Confidentiality/FERPA, Monitoring and Enforcement
Letter to Utah State University Mountain Plains Regional Resource Center Director regarding whether it is a violation of FERPA to provide parents and volunteers outside the school district access to student special education records and information Read More

POLICY LETTER: April 8, 2008 to Lehigh University Professor Perry A. Zirkel

Topic Areas: Eligibility Determination, Evaluation and Reeavluation, Multi-Tiered System of Support (MTSS) and Response to Intervention (RTI), Parent Consent, Specific Learning Disability
Letter regarding response to intervention in Part B of IDEA. Read More

POLICY LETTER: March 31, 2008 to individuals (personally identifiable information redacted)

Topic Areas: Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision
Letter regarding whether a local educational agency (LEA) is required to conduct an initial evaluation within 60 days of receiving parental consent for the evaluation (or within the state timeframe if the state establishes a timeframe within which the evaluation must be conducted). Read More

POLICY LETTER: March 31, 2008 to individuals (personally identifiable information redacted).

Topic Areas: Attorneys and Attorney Fees, Individualized Education Programs: Development/Review/Revision
Letter regarding whether 34 CFR §300.322(b)(1)(i), which concerns the notification requirements for an individualized education program (IEP) Team meeting, means that the school district must provide parents with written notification of any individual invited by the school district, including the school district’s attorney. Read More

POLICY LETTER: March 17, 2008 to Howard County Public School System Facilitator Ronald Caplan

Topic Areas: Eligibility Determination, Evaluation and Reeavluation, Individualized Education Programs: Development/Review/Revision, Parent Consent, Secondary and Postsecondary Transition
Letter to Howard County Public School System Facilitator regarding whether the intent of must invite, is always to invite a representative of any agency likely to be responsible for providing or paying for transition services for every student age sixteen and above or only when the IEP Team believes it is appropriate to invite the agency representative. Read More

POLICY LETTER: March 17, 2008 to Mountain Plains Regional Resource Center Director John Copenhaver

Topic Areas: Dispute Resolution, Parents' Rights and Procedural Safeguards
Letter to Utah State University Mountain Plains Regional Resource Center Director regarding if a parent files a complaint or due process require by electronic mail, would this meet the in writing and signature standards, and if the answer is yes, when would the 60-day timeline begin. Read More

POLICY LETTER: March 17, 2008 to individual (personally identifiable information redacted)

Topic Areas: Early Childhood, Free Appropriate Public Education, Part C, Private Schools—Parentally Placed Private School Children, Reimbursement Including Tuition Costs
Letter regarding whether the policy interpretations stated in the OSEP letters responding to inquiries from Thomas Neveldine dated May 28, 1993 and January 25, 1995 still represent OSEP’s position regarding a public agency’s obligations to pay tuition costs when a public agency places a preschool-aged child with a disability into a private preschool for children without disabilities for the purpose of receiving a free appropriate public education (FAPE). Read More

OSEP LETTER: March 17, 2008 to New Jersey Office of the State Board of Appeals Acting Director John Worthington

Topic Areas: Dispute Resolution, Parents' Rights and Procedural Safeguards
Letter to New Jersey Department of Education Acting Director regarding when the state educational agency (SEA) inquires of the local education agency (LEA) LEA whether it has attempted to secure the attendance of the parent at a resolution meeting, it is informed no such attempt has been made, but that the attorney for the LEA is discussing the matter with the attorney for the parent in an attempt to resolve the matter, what should happen on day 31. Read More

POLICY LETTER: March 17, 2008 to Utah At Risk and Special Education Services Director Nan Gray.

Topic Areas: Individualized Education Programs: Development/Review/Revision

Summary
TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations,...

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POLICY LETTER: March 7, 2008 to Texas Education Agency General Counsel David Anderson.

Topic Areas: Confidentiality/FERPA
Letter regarding the authority of the Texas Education Agency (TEA) to enforce certain requirements in Part B of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. and 34 CFR Part 300. Read More

GUIDANCE: Homeless Children with Disabilities (February 2008)

This Q&A document provides state and local educational officials, early intervention services providers and homeless assistance coordinators with information to...

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POLICY LETTER: January 25, 2008 to U.S. Senator Joseph I. Lieberman

TOPIC ADDRESSED: Children In Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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2007

POLICY LETTER December 26, 2007 to Dear Colleague

TOPIC ADDRESSED: Educational Placements |
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May Be...

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POLICY LETTER: October 22, 2007 to U.S. Senator James M. Inhofe

TOPIC ADDRESSED: Prohibition on Mandatory Medication
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: August 24, 2007 to Disability Rights Advocate Pat Kelly

TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations,...

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POLICY LETER: August 7, 2007 to U.S. Representative Bill Shuster

TOPIC ADDRESSED: Confidentiality of Education Records
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: May 10, 2007 to U.S. Representative Doris O. Matsui

TOPIC ADDRESSED: Evaluations and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations,...

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POLICY LETTER: March 16, 2007 to Dear Parent

TOPIC ADDRESSED: Transition to Postsecondary Education |
SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA But...

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POLICY LETTER: March 16, 2007 to Dear Colleague

TOPIC ADDRESSED: Transition to Postsecondary Education
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May...

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POLICY LETTER: March 6, 2007 to Texas Governor Rick Perry

TOPIC ADDRESSED: State Allocation Formula
SECTION OF IDEA: Part C—Infants And Toddlers With Disabilities Section 643 - Allocation of...

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POLICY LETTER: February 7, 2007 to Chief State School Officers

February 7, 2007 to Chief State School Officers.
TOPIC ADDRESSED: Assessment and Accountability
SECTION OF IDEA: Other Letters...

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2006

POLICY LETTER: September 19, 2006 to U.S. Senator Judd Gregg

TOPIC ADDRESSED: Special Education and Related Services |
SECTION OF IDEA: Part A—General Provisions; Section 602—Definitions

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POLICY LETTER: September 5, 2006 to Chief State School Officers

TOPIC ADDRESSED: Highly Qualified Teachers |
SECTION OF IDEA: Other Letters That Do Not Interpret the IDEA But May...

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POLICY LETTER: May 15, 2006 to Chief State School Officers

TOPIC ADDRESSED: No Child Left Behind Act of 2001 |
SECTION OF IDEA: Other Letters That Do Not Interpret...

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2005

POLICY LETTER: December 14, 2005 to Chief State School Officers

TOPIC ADDRESSED: No Child Left Behind Act of 2001 |
SECTION OF IDEA: Other Letters That Do Not Interpret...

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POLICY LETTER: October 21, 2005 to Chief State School Officers

TOPIC ADDRESSED: No Child Left Behind Act of 2001 |
SECTION OF IDEA: Other Letters That Do Not Interpret...

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POLICY LETTER: October 12, 2005 to Iowa Department of Education Program Consultant-Medicaid Dann Stevens

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: September 21, 2005 to Texas Commissioner of Education Shirley Neeley

TOPIC ADDRESSED: Evaluation |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility

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POLICY LETTER: July 25, 2005 to Dear Colleague RESCINDED

Rescinded Oct. 2017

TOPIC ADDRESSED: State Administration |
SECTION OF IDEA: Part B—Assistance for Education of All Children With...

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POLICY LETTER: June 27, 2005 OSEP Memorandum 05-09

TOPIC ADDRESSED: Children With Disabilities Placed in Private Schools by Their Parents |
SECTION OF IDEA: Part B—Assistance for...

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POLICY LETTER: March 17, 2005 OSEP Memorandum 05-08

TOPIC ADDRESSED: Free Appropriate Public Education
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: March 9, 2005 OSEP Memorandum 05-07

TOPIC ADDRESSED: Distribution of Funds |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: March 2, 2005 to Austin Independent School District Superintendent Dr. Pascal D. Forgione, Jr.

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: February 28, 2005 to Massachusetts Advocate Kristen Serwecki

TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations,...

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POLICY LETTERS: January 28, 2005 Memorandum to Chief State School Officers

TOPIC ADDRESSED: Extension of Liquidation Periods for Grantees under State Administered Programs |
SECTION OF IDEA: Other Letters that...

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2004

POLICY LETTER: November 3, 2004 to Advocate Louis H. Geigerman

TOPIC ADDRESSED: Free Appropriate Public Education |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: November 3, 2004 to Ohio Attorney Helen S. Carroll

TOPIC ADDRESSED: Educational Placements |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations,...

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POLICY LETTER: October 1, 2004 OSEP Memorandum 05-01

TOPIC ADDRESSED: Part B Grant Awards |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: August 30, 2004 to U.S. Congressman Maurice Hinchey and other members of Congress

TOPIC ADDRESSED: Captioning |
SECTION OF IDEA: Part D—National Activities to Improve Education of Children With Disabilities; Subpart 2—Coordinated...

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POLICY LETTER: August 13, 2004 to individual (personally identifiable information redacted)

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: March 2, 2004 to Chief State School Officers

TOPIC ADDRESSED: Accountability |
SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA but May Be of...

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POLICY LETTER: March 1, 2004 OSEP memorandum 04-07

TOPIC ADDRESSED: Distribution of Funds |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: February 25, 2004 Pennsylvania Department of Education Assistant Counsel Amy C. Foerster

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: February 25, 2004 to Alabama Department of Education State School Nurse Consultant Martha Holloway

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: February 18, 2004 to California Department of Education Special Education Consultant Dr. Allan M. Lloyd-Jones

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities;...

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POLICY LETTER: February 12, 2004 to individual (personally identifiable information redacted)

TOPIC ADDRESSED: Child Find |
SECTION OF IDEA: Part C—Infants and Toddlers with Disabilities; Section 635—Requirements for Statewide System

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2003

POLICY LETTER: December 24, 2003 to Attorney Leigh M. Manasevit

TOPIC ADDRESSED: Condition of Assistance |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: October 17, 2003 to U.S. Congressman Ruben Hinojosa

TOPIC ADDRESSED: Procedural Safeguards |
SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA But May Be...

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POLICY LETTER: October 2, 2003 to Daniel W. Morse, Esq.

TOPIC ADDRESSED: Individualized Education Programs |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section...

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POLICY LETTER: August 28, 2003 to Chief State School Officers

TOPIC ADDRESSED: Free Appropriate Public Education |
SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA But...

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POLICY LETTER: August 22, 2003 OSEP memorandum 03-10

TOPIC ADDRESSED: Special Education and Related Services |
SECTION OF IDEA: Part A—General Provisions; Section 602—Definitions

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POLICY LETTER: July 28, 2003 to Chief State School Officers

TOPIC ADDRESSED: Personnel Standards
SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA But May Be of...

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POLICY LETTER: July 2, 2003 to Chief State School Officers

TOPIC ADDRESSED: Confidentiality of Education Records |
SECTION OF IDEA: Other Letters that Do Not Interpret the IDEA But...

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POLICY LETTER: July 1, 2003 OSEP memorandum 08-3

TOPIC ADDRESSED: Distribution of Funds
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 611...

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POLICY LETTER: June 4, 2003 to individual (personally identifiable information redacted)

SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and...

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POLICY LETTER: April 15, 2003 OSEP memorandum 03-7

TOPIC ADDRESSED: Allocation of Grants
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 611...

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POLICY LETTER: April 15, 2003 OSEP memorandum 03-6

 
TOPIC ADDRESSED: State Interagency Coordinating Council
SECTION OF IDEA: Part C - Infants and Toddlers with Disabilities;...

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POLICY LETTER: April 8, 2003 OSEP memorandum 03-5

TOPIC ADDRESSED: Responsibilities of the Office of Special Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All...

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POLICY LETTER: April 2, 2003 to Sonja D. Kerr, Esq

TOPIC ADDRESSED: Individualized Education Programs
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 614...

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