Transition Activities in OSERS

Over the last four decades, the transition of youths with disabilities from school to productive adulthood has received high priority from OSERS. Read the updated document for December, 2011.

(December 12, 2011)

October 2011 was National Disability Employment Awareness Month

During October 2011, OSERS featured innovative, employment-based projects and individual success stories on http://www2.ed.gov/about/offices/list/osers/deam-2011/index.html.

(October 6, 2011)

IDEA Part C Final Regulations published in Federal Register.

The Individuals with Disabilities Education Improvement Act of 2004 Part C Final Regulations governing the Early Intervention Program for Infants and Toddlers with Disabilities were published September 28, 2011, in the Federal Register. These regulations are effective on October 28, 2011.

(September 28, 2011)

IDEA Part B Notice of Proposed Rule published in Federal Register.

In the September 28, 2011 Federal Register, the Secretary proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (IDEA). These regulations govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. The Secretary seeks public comment on these proposed amendments regarding the use of public benefits or insurance in which a child participates to provide or pay for services required under Part B of IDEA.

(September 28, 2011)

Posny Remarks on IDEA Part C Final Regulations

September 26, 2011 Video: OSERS Assistant Secretary Alexa Posny remarks on the Individuals with Disabilities Education Act (IDEA) Part C Final Regulations, highlighting key changes.

The video is also available at idea.ed.gov.

(September 26, 2011)

Part C of the Individuals with Disabilities Education Act Regulations

On September 6, 2011, the U.S. Department of Education released the final regulations for the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA). These final regulations will help improve services and outcomes for America's infants and toddlers with disabilities and their families.

Part C is a $436 million program administered by states that serves infants and toddlers through age 2 with developmental delays or who have diagnosed physical or mental conditions with high probabilities of resulting in developmental delays.

The final Part C regulations incorporate provisions in the 2004 amendments to Part C of the IDEA. Additionally, the final regulations provide states with flexibility in some areas, while ensuring state accountability to improve results and providing needed services for infants and toddlers with disabilities and their families. The regulations focus on measuring and improving outcomes for the approximately 350,000 children served by the Part C program with the goal of ensuring that such children are ready for preschool and kindergarten.

“As everyone who works in education understands, one of the most important things we can offer children is a high-quality early learning experience that prepares them for kindergarten,” said U. S. Secretary of Education, Arne Duncan. “This is true for all children—but it’s especially important for infants and toddlers with disabilities to have access to high-quality early intervention services that prepare them to successfully transition to preschool and kindergarten. The Part C regulations will support the Education Department’s commitment to the goal of preparing more children with high needs with a strong foundation for success in school and beyond.”

The regulations should be published in the Federal Register in the next couple of weeks.

Part C Final Regulations:

• September 28, 2011 Federal Register
• Download Final Regulations:
  PDF (804KB)
• IDEA Part C Regulations Page
• Additional IDEA Resources: IDEA Web site

(September 6, 2011)

Part B of the Individuals with Disabilities Education Act Notice of Proposed Rulemaking

On September 6, 2011, the Department released a notice of proposed rulemaking (NPRM) to amend the IDEA Part B regulations. Changes are being proposed to the regulations regarding when a State or local educational agency seeks to use a child’s or parent’s public benefits or insurance (e.g., Medicaid) to pay for Part B services. These proposed amendments to the Part B regulations would ensure the protection of the rights of parents and children and ensure that children with disabilities receive FAPE while addressing concerns raised by state educational agencies and local educational agencies regarding the burdens imposed by the current regulation.

The regulations should be published in the Federal Register in the next couple of weeks.

Part B Notice of Proposed Rulemaking:

Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.

• Download the Part B NPRM:
  MS Word (135KB) | PDF (239KB)
• IDEA Part B Notice of Proposed Rulemaking Page
• Additional IDEA Resources: IDEA Web site

(September 6, 2011)

Department Awards $1.2 million to 11 Small Businesses to Develop Technology for People with Disabilities

The U.S. Department of Education announced today that the National Institute on Disability and Rehabilitation Research (NIDRR) has awarded 16 grants of $75,000 each to 11 small businesses to conduct research and develop technology that makes life and learning easier for individuals with disabilities.

For instance, one grantee will develop a low-cost computer graphics screen-reader for the vision-impaired; another will develop and evaluate an accident prevention system for manual wheelchairs; and another will design and develop a foot-operated mouse for computers.

“These projects are designed to help people with disabilities maximize their job productivity and economic self-sufficiency,” said Alexa Posny, assistant secretary for the Office of Special Education and Rehabilitative Services (OSERS). “This is the first step of research and development in several areas that will enhance independent living and employment for individuals with disabilities.”

For more information, please go to the department's press release.

(March 23, 2011)

ALL MEANS ALL

In prepared remarks to the American Association of People with Disabilities, Secretary Duncan declared students with disabilities should be judged with the same accountability system as everyone else.  “I want to say—here and now, for the record—we are moving away from the 2 percent rule,” he stressed.  “We will not issue another policy that allows districts to disguise the educational performance of 2 percent of students.”  Instead, he continued, “We have to expect the very best from our students—and tell the truth about student performance—so that we can give all students the supports and services they need.” 

Since 2005, the Department has exercised its regulatory authority to permit states and districts to essentially shield certain test scores of students with disabilities when determining adequate yearly progress (AYP).  Specifically, proficient scores for up to 2 percent of all students within the grades assessed can be reported using alternate assessments based on modified academic achievement standards, and states without appropriate alternate assessments had been allowed, for purposes of AYP, to use a proxy, counting as proficient the scores of that 2 percent of students, regardless of how they actually performed. 

While the Department will continue to allow states with approved alternate assessments to use these tests, consistent with the regulation, until the development of new and improved assessments, the so-called “proxy rule,” which was discontinued back in 2009, remains off the table. 

FOR MORE INFORMATION, PLEASE GO TO http://www.ed.gov/blog/2011/03/celebrating_the_success_of_all_students/.

Also, a day earlier, Secretary Duncan and OSERS Assistant Secretary Alexa Posny stopped by Beers Elementary School in Washington, D.C. to get a close-up look at one school that is successfully integrating students with disabilities into the school culture.  To read more about their visit, PLEASE GO TO http://www.ed.gov/blog/2011/03/duncan-and-team-get-first-hand-look-at-successful-inclusion-of-students-with-disabilities/. To read a blog posted by Assistant Secretary Posny, PLEASE GO TO http://www.ed.gov/blog/2011/03/inclusive-schools/.

(March 23, 2011)

AIM—Feb. 24–25, 2011

On Feb. 24-25, 2011, the members of the Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities (AIM Commission) will convene for the AIM Commission’s second full meeting.  This meeting will focus on technological and legal issues that are related to accessible instructional materials. AIM Commission members will also discuss market model solutions, student accessibility to low-incidence/high cost materials, and the timeframes involved with modifying and receiving accessible instructional materials in a postsecondary environment.

On the evening of February 24, 2011, the AIM Commission will hold a public commentary session for all interested stakeholders. In addition to gathering public commentary on legal and technological issues, the public hearing will highlight stakeholders’ personal experiences related to obtaining instructional materials in a postsecondary environment.

Meeting Information:
MS Word (31KB) | PDF (27KB)

(February 7, 2011)

Guidance Targeting Harassment Outlines Local and Federal Responsibility

The Department of Education recently issued a guidance to support educators in combating bullying in schools by clarifying when student bullying may violate federal education anti-discrimination laws. The guidance, which comes in the form of a "Dear Colleague" letter sent to schools, colleges and universities, explains educators' legal obligations to protect students from student-on-student racial and national origin harassment, sexual and gender-based harassment, and disability harassment. The letter provides examples of harassment and illustrates how a school should respond in each case.

(November 23, 2010)

Celebrate the 35th Anniversary of the Passage of the IDEA

Celebrate the 35th anniversary of the passage of Public Law 94-142, now known as the Individuals with Disabilities Education Act (IDEA). On November 29, 1975, then-President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142). In adopting this landmark civil rights measure, Congress opened public school doors for millions of children with disabilities and laid the foundation of the country’s commitment to ensuring that children with disabilities have opportunities to develop their talents, share their gifts, and contribute to their communities. While tremendous progress has been made over the years, we must continue the hard work and address the challenges that still exist. Although we are able to help many individual students to achieve their goals, we must strive to ensure that all children have the support they need and to find ways to meet each student’s needs within the context of each school.

(November 18, 2010)

Department Awards $3.5 Million to 15 Special Education Parent Centers; One Million Dollars to Ten Community Parent Resource Centers

The U.S. Department of Education announced the award of more than $3.5 million in grants to operate 15 special education Parent Training and Information (PTI) Centers in 11 states, the District of Columbia, the Virgin Islands, and Guam. The Department also awarded $1 million to provide funding for ten Community Parent Resource Centers (CPRCs).

With the new grants, the Department now funds 106 information centers for parents of students with disabilities. Every state has at least one parent information center, which assist parents as they work to ensure their children receive a free, appropriate public education as guaranteed by federal law. In addition, Community Parent Resource Centers provide services to underserved parents of children with disabilities in targeted communities throughout the country.

For a list of Education Department-funded special education parent information and training centers, visit http://www.taalliance.org/ptidirectory/index.asp

(October 7, 2010)

Sue Swenson begins duties as OSERS deputy assistant secretary and Melody Musgrove becomes director of the Office of Special Education Programs (OSEP).

Sue Swenson comes from her own company which specializes in management, payment technologies and social entrepreneurship to support people with disabilities and their families. Formerly the executive director of the Arc of the United States and the Joseph P. Kennedy, Jr. Foundation, as well as the commissioner of the Administration on Developmental Disabilities (ADD), Swenson brings a wealth of experience in disability related issues including family support, inclusion, and transition to name a few.

Melody Musgrove came from LRP Publications where she served as the director of Business Development. Formerly, she was the state director of Special Education in Mississippi, a due process hearing officer, an assistant superintendent for Curriculum and Federal Programs for the Lawrence County School District, an assistant principal, and a special education teacher at the elementary, middle and high school levels. Musgrove has been noted for her work to reduce the achievement gap for traditionally under-performing students, conducted statewide self-assessments, and designed and implemented a focused system of monitoring local districts.

(August 19, 2010)

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