About ED OFFICES


OSERS: Office of Special Education and Rehabilitative Services
   Current Section
RSA

OSEP Legislation and Policy

IDEAs that Work

The Office of Special Education Programs (OSEP) assists states with implementation of the Individuals with Disabilities Education Act (IDEA). As part of its mission, OSEP is charged with developing, communicating and disseminating federal policy on early intervention services to infants and toddlers with disabilities and on the provision of special education and related services for children with disabilities.

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Significant Policy Guidance Documents
Under Executive Order #13422

New! Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B), July 23, 2013
OSERS issued 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.
download file MS Word (411KB) | PDF (436KB)

blue flag bullet Final Regulations Related to Parental Consent for the Use of Public Benefits or Insurance
The Department is issuing Final Regulations related to parental consent for the use of public benefits or insurance (e.g., Medicaid) to pay for services under Part B of the IDEA. The regulations will be effective on March 18, 2013.

  • Unofficial Copy:
    IDEA
    Part B Final Regulations on Parental Consent:
    download file Word (243KB) | PDF (1.0MB)

  • One-page Summary:
    IDEA Part B Final Regulations Related to Parental Consent to Access Public Benefits or Insurance (e.g., Medicaid):
    download file Word (43KB) | PDF (85KB)

  • Q&A:
    Non-Regulatory Guidance on the IDEA Part B Regulations Regarding Parental Consent for the Use of Public Benefits or Insurance to Pay for Services under IDEA:
    download file Word (77KB) | PDF (171KB)

blue flag bullet Creating Equitable Opportunities for Children and Youth with Disabilities to Access Physical Education and Extracurricular Athletics.
A report released in 2010 by the U.S. Government Accountability Office, GAO-10-519, revealed that, despite legislation obligating states and schools to provide equal access, opportunities for physical activity are limited for children and youth with disabilities (GAO, 2010). The purpose of this document, released in 2011, is to disseminate 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.

Download:
download icon MS Word (134KB) | PDF (376KB)

On January 25, 2013, the Office for Civil Rights in the U.S. Department of Education provided guidance on the legal aspects of the provision of extracurricular athletic opportunities to students with disabilities to comply with the second recommendation by the GAO to the Department in its report.

blue flag bullet Part B IDEA Maintenance of Effort Guidance for States on the Education Jobs Fund Program.
The Education Jobs Fund program (Ed Jobs) provides $10 billion to states to save or create education jobs for school year (SY) 2010–2011, in particular, by supporting positions that state or local funds would have ordinarily funded. This U.S. Department of Education guidance describes how states and local educational agencies local education agencies (LEAs) may treat Ed Jobs funds for the purpose of meeting the requirements in Part B of the IDEA to maintain fiscal effort. Part B of the IDEA includes two maintenance of effort (MOE) requirements—one applicable to states (section 612(a)(18) of the IDEA, and 34 CFR §300.163), and one applicable to LEAs (section 613(a)(2)(A)(iii) of the IDEA, and 34 CFR §300.203).
download icon MS Word (167KB) | PDF (376KB)

blue flag bullet Questions and Answers on the National Instructional Materials Accessibility Standard (NIMAS).
OSERS issues this Q&A document to provide states, state educational agencies (SEAs), local educational agencies (LEAs), and other interested parties with information to facilitate adoption of the NIMAS and coordination with the National Instructional Materials Access Center (NIMAC), a national repository for NIMAS files received from publishers, SEAs, and LEAs.
download icon MS Word (229KB) | PDF (87KB)

blue flag bullet Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations.
OSERS issues this Q&A document to provide states, state educational agencies (SEAs), local educational agencies (LEAs), parents, and other stakeholders with information regarding the IDEA requirements relating to individualized education programs (IEPs), evaluations, and reevaluations.
download icon MS Word (272KB) | PDF (148KB)

blue flag bullet Guidance on Providing Services to Children with Disabilities During an H1N1 Outbreak.
OSERS is issuing this Q&A document to respond to questions that states, state educational agencies (SEAs), local educational agencies (LEAs), Bureau of Indian Education (BIE), BIE-funded schools, state lead agencies, and Early Intervening Services (EIS) programs and providers may have concerning the provision of special education and related services and early intervention services following child dismissal, school closure, or EIS program or provider closure due to an H1N1 outbreak.
download icon MS Word (136KB) | PDF (56KB)

blue flag bullet Guidance on Discipline Procedures.
This Q&A document provides parents, parent training and information centers, school personnel, state educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations and other interested parties with information on the needs, expressed by school administrators and teachers, for flexibility in order to balance school safety issues with the need to ensure that schools respond appropriately to a child's behavior that was caused by, or directly and substantially related to, the child's disability.
download icon MS Word (136KB) | PDF (56KB)

blue flag bullet Guidance on on Disproportionality.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on how states and LEAs can take steps to address disproportionate representation of racial/ethnic groups in special education.
download icon MS Word (93KB) | PDF (23KB)

blue flag bullet Guidance on Homeless Children with Disabilities.
This Q&A document provides state and local educational officials, early intervention services providers and homeless assistance coordinators with information to assist with implementation of the requirements of the IDEA and the McKinney-Vento Homeless Assistance Act.
download icon MS Word (136KB) | PDF (141KB)

blue flag bullet Guidance on Monitoring, Technical Assistance and Enforcement.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on significant changes related to monitoring that place an emphasis on improving educational results and functional outcomes for children with disabilities by focusing monitoring activities in certain priority areas and measuring performance using quantifiable and qualitative indicators.
download icon MS Word (139KB) | PDF (46KB)

blue flag bullet Guidance on Procedural Safeguards and Due Process Procedures for Parents and Children with Disabilities.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on several changes in the IDEA Part B regulations regarding the procedures states must adopt for resolving written complaints filed with the SEA.
download icon MS Word (134KB) | PDF (61KB)

blue flag bullet Guidance on Secondary Transition.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on regulations that address transition services for children with disabilities. Transition services may be designed to facilitate a student's movement to post-school activities, including postsecondary education, and integrated employment.
download icon MS Word (103KB) | PDF (29KB)

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OSEP Policy Memos

OSEP Policy-related Publications and Letters
(Under Section 607 of the IDEA)
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Other Policy-related Publications and Products

blue flag bullet 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)
During the past two years, we have seen an unprecedented federal investment in special education—more than $25 billion from the regular FY 2009 and 2010 Education Department appropriations and another $12.2 billion under the American Recovery and Reinvestment Act (ARRA). At the same time, we recognize that the falloff in state revenues has caused hardships for many states. With this in mind, we have received questions about the 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). Based on the statutory language, and in light of the potential impact of a waiver on the education of students with disabilities, the department grants such waivers only when a state demonstrates that it has experienced “exceptional or uncontrollable circumstances.”
download icon Word (176KB) | PDF (50KB)

blue flag bullet Coordinated Early Intervening Services (CEIS) Under Part B of the Individuals with Disabilities Education Act (IDEA)
OSEP issued this guidance to provide states with information regarding the use of funds provided under Part B of the Individuals with Disabilities Education Act by local educational agencies (LEAs) to develop and implement coordinated early intervening services (CEIS) for students who are currently not identified as needing special education.

blue flag bullet IDEA 2004 Resources

blue flag bullet IDEA 1997 Resources

blue flag bullet Ley de Educación para Personas con Impedimentos—Reglamento Final

blue flag bullet No Child Left Behind (NCLB) Legislation, Regulations and Guidance

blue flag bullet Secretary's "Tool Kit" Provides Guidance on Assessing Students with Disabilities.

Other OSEP Publications

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Last Modified: 08/08/2013