Updated December 2012
The Office of Special Education Programs (OSEP) at the U.S. Department of Education regularly provides guidance to the field on the nation’s special education law, the Individuals with Disabilities Education Act (IDEA). “Guidance” can take several forms:
- OSEP’s correspondence in response to questions received from the field;
- policy documents and letters on priority issues; and
- non-regulatory guidance.
All are intended to clarify elements of the law and its regulations. Often, OSEP responds directly to questions from state and local special education directors. These letters are an important part of understanding IDEA and how to implement it.
We are pleased to connect you with OSEP/DOE’s guidance and offer two kinds of information:
- links to the locations online where OSEP/DOE posts guidance on IDEA;
- links to high-priority guidances on specific topics in IDEA.
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Where OSEP/DOE Posts Its Guidance on IDEA
OSEP’s Legislation and Policy Guidance
http://www.ed.gov/about/offices/list/osers/osep/policy.html
OSEP Policy Correspondence
http://www.ed.gov/policy/speced/guid/idea/letters/revpolicy/index.html
OSEP/DOE Guidance on Specific Topics in IDEA
Looking for a particular guidance document on IDEA? We identify the more recent guidance below, as well as letters and memos on high-priority topics. In alphabetical order, by topic:
2006 Determination Letters of State Implementation of IDEA
Determination letters for FY 2006, July 2008
http://www.ed.gov/policy/speced/guid/idea/monitor/factsheet.html
Access to Physical Education and Extracurricular Activities
Policy guidance under Executive Order #13422, August 2011
http://www2.ed.gov/policy/speced/guid/idea/equal-pe.pdf
Discipline Procedures
An informal Q&A, January 2007
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C7%2C
Disproportionality
An informal Q&A on how states and LEAs can take steps to address disproportionate representation of racial/ethnic groups in special education, June 2009
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C9%2C
Early Intervening Services
Memorandum to the Chief State School Officers and the State Directors of Special Education, July 28, 2008
http://www.ed.gov/policy/speced/guid/idea/ceis.html
Highly Qualified Teachers (HQT) Serving Children with Disabilities
An informal Q&A, January 2007
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C
Homeless Children with Disabilities
Policy Guidance under Executive Order #13422, February 2008
http://www.ed.gov/policy/speced/guid/spec-ed-homelessness-q-a.pdf
IDEA Part B Supplemental Regulations
Non-regulatory guidance, December 2008
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C11%2C
IEPs
An informal Q&A, June 2010
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C14%2C
IEPs, Evaluations, and Reevaluations
An informal Q&A, updated June 2010
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C3%2C
Modified Academic Achievement Standards
Non-regulatory guidance, July 2007
http://www.ed.gov/policy/speced/guid/modachieve-summary.html
Monitoring, Technical Assistance, and Enforcement
An informal Q&A, January 2007
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C4%2C
NIMAS (National Instructional Materials Accessibility Standards)
An informal Q&A, revised August 2010
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C5%2C
Procedural Safeguards and Due Process Procedures for Parents and Children with Disabilities
An informal Q&A, January 2007
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C6%2C
Procedural Safeguards: Model Form
Updated July 2009
http://idea.ed.gov/static/modelForms
Providing Services to Children with Disabilities During an H1N1 Outbreak
Policy guidance, December 2009
http://www2.ed.gov/policy/speced/guid/idea/h1n1-idea-qa.pdf
RTI and Early Intervening Services (EIS)
An informal Q&A, January 2007
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C8%2C
Serving Children with Disabilities Placed by Their Parents at Private Schools
An informal Q&A, January 2007
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C
Transportation
An informal Q&A on IDEA’s requirements for serving children with disabilities eligible for transportation, November 2009.
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C12%2C
Waiving Maintenance of Effort
This guidance is called “Process and Criteria Used to Evaluate a Request by States to Waive Maintenance of Effort (MOE) Requirements under Part B of the Individuals with Disabilities Education Act (IDEA).” Issued in June 2010.
http://www2.ed.gov/policy/speced/guid/idea/moe-waivers.pdf
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