U.S. Department of Education Releases Updated Policy Guidance to Ensure Access to Rights Guaranteed to Children Under IDEA
July 24, 2023, U.S. Dept. of Education's (USDOE) Office of Special Education Programs (OSEP) released updated policy guidance "to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA)." The guidance took immediate effect upon release.
According to OSEP, "The guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA."
This guidance is significant in that it focuses on general supervisory responsibilities. Refusing to address noncompliance outside the typical dispute resolution channels of mediation, state complaints, and/or due process hearings, has long been a problem for states like Virginia, as one example.
In the case of Virginia, Virginia Department of Education's (VDOE) history of ignoring noncompliance led to it being investigated by OSEP. The June 2020 Differentiated Monitoring and Support (DMS) letter of findings OSEP issued following its investigation states, "Completely ignoring credible allegations of noncompliance is not a reasonable method of exercising the State’s general supervisory responsibilities." Yet, the noncompliance in Virginia continues and in the past three years, OSEP identified more areas of need in monitoring.
Now, a variation of OSEP's directive to VDOE appears in its updated guidance:
OSEP is clarifying that, as part of a State’s general supervision system, a State may not ignore credible allegations about potential noncompliance, to ensure the timely identification of noncompliance.
The guidance arrives a month after USDOE's June 26, 2023, release of its annual determination letters, which indicated that less than half of the U.S.'s states and "entities" "meet requirements" under USDOE's determination system.
While a few states improved their performance, others continued to fail. In 2023, 23 states or entities received the determination of "meets requirements" under IDEA Part B, as compared to 22 in 2022; six states received the determination of "needs assistance (one year)" in 2023, compared to 3 in 2022; 29 received the determination of "needs assistance (two or more consecutive years)" in 2023, compared to 35 in 2022; and two states received the determination of "needs intervention" in 2023, compared to zero in 2022.
In addition, it comes on the heels of a year that saw OSEP open more monitoring investigations nationwide, and extended monitoring into states like Texas and Virginia, which VDOE has been monitoring for seven and three years respectively.
Additional Reading:
- U.S. Department of Education Releases Update on Arkansas Monitoring; Noncompliance Continues in 8 out of 9 Areas Identified
- Seven Years and Millions of Children Later, U.S. Dept. of Education Announces Continued Monitoring of Texas
- Virginia Remains Outlier as U.S. Dept. of Education Announces Close-Out of Monitoring in Arizona, Delaware, Florida, Hawaii, and Arizona
- U.S. Dept. of Education Puts Virginia on Notice: Get into Compliance or Face Sanctions
- U.S. Dept. of Education Finds Montana in Noncompliance with IDEA
- U.S. Dept. of Ed. Finds Arkansas and Michigan in Noncompliance with IDEA
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