SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Memos, Dear Colleague Letters and Policy Letters

OSEP provides information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act (IDEA) in a number of ways including OSEP Memos and Dear Colleague Letters, and OSEP Policy Letters.

OSEP Memos and Dear Colleague Letters

OSEP Memos and Dear Colleague Letters are listed chronologically starting from the most recent issuance and going back to 2005. To obtain a copy of a document issued earlier than 2005 please contact Janet Scire@ed.gov.

Note: OSEP Memos related to grant applications, submission of SPP/APRs or reporting of IDEA State-Reported data under Section 618 of the IDEA are not included on this page as they are found elsewhere on this Web site.

Click here. to locate an OSEP Memo or Dear Colleague Letter

OSEP Policy Letters

Policy Letters can be found under several alternative listings on this web page:

  1. chronological;
  2. topical; and
  3. as published quarterly in the Federal Register pursuant to Section 607 of the Individuals with Disabilities Education Act Amendments of 2004.

The chronological listing is the most current and complete listing of the three alternatives.

  • Chronological listing
    This starts with the most recently issued letter and continues in reverse chronological order through the year 2001. To locate a letter click on the year listed below.
  • Topical listing
    The listing includes letters organized by topic issued from March 2000 through December 2007. To locate a letter from the topical index, click here.
  • Section 607 Reports
    Section 607 of the Individuals with Disabilities Education Act Amendments of 1997 requires that the Secretary of Education, on a quarterly basis, publish in the Federal Register a list of correspondence. This listing includes quarterly reports published from 4th Quarter 2000 through 1st Quarter 2012. To find these letters as indexed in the Section 607 Reports, click here.

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Memos and Dear Colleague Letters

OSEP Dear Colleague Letter on Updated NIMAS Guidelines, June 22, 2012
download files MS Word (45KB) | PDF (492KB)

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OSEP Dear Colleague Letter on Preschool (LRE), Feb. 29, 2012
download files MS Word (45KB) | PDF (492KB)

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OSEP 11-07 Response to Intervention (RTI) Memo, Jan. 21, 2011
download files MS Word (45KB) | PDF (492KB)

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OSEP 11-06 American Recovery and Reinvestment Act (ARRA) Monitoring Announcement Memo, Dec. 6, 2010
download files MS Word (45KB) | PDF (492KB)

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OSEP 10-05 Maintenance of State Financial Support under the Individuals with Disabilities Education Act, Dec. 2, 2009
download files MS Word (45KB) | PDF (492KB)

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OSEP 09-02 Reporting on Correction of Noncompliance, Oct. 17, 2008
download files MS Word (45KB) | PDF (492KB)

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OSEP 08-09 Coordinated Early Intervening Services, July 28, 2008
download files MS Word (45KB) | PDF (492KB)

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OSEP 07-10 Interpretation of 34 CFR §300.154(d)(2)(iv)(A), May 3, 2007 dotted line
download files MS Word (45KB) | PDF (492KB)

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OSEP 07-09 Disproportionality of Racial and Ethnic Groups in Special Education, April 24, 2007
download files MS Word (45KB) | PDF (492KB)

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OSEP 05-09 Obligations of States and Local Educational Agencies to Parentally-placed Private School Children with Disabilities, June 27, 2005
download files MS Word (45KB) | PDF (492KB)

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OSEP 05-08 Educational Expenses for Children in Private Residential Facilities, March 17, 2005
download files MS Word (45KB) | PDF (492KB)

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Policy Letters 

(Chronological listing)

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Policy Letter to Glenna Gallo (Functional Behavior Assessment), April 2, 2013
download files MS Word (106KB) | PDF (182KB)

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Policy Letter to William Casey (Resolution Sessions), March 27, 2013
download files MS Word (96KB) | PDF (63KB)

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Policy Letter to Troy Couillard (RTI), March 7, 2013
download files MS Word (48KB) | PDF (1.43MB)

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Policy Letter to Dr. George V. Corwell (Parentally-placed private school children), February 4, 2013
download files MS Word (34KB) | PDF (625KB)

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Policy Letter to Carol Hokenson, (CEIS-MOE), January 30, 2013
download files MS Word (45KB) | PDF (1.5MB)

 

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Policy Letter to Tomas Ramirez III ( Manifestation Determination Hearing), December 5, 2012
download files MS Word (30KB) | PDF (495KB)

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Policy Letter to Judith A. Gran and Catherine Merino Reisman (Due Process Hearing), November 30, 2012
download files MS Word (37KB) | PDF (967KB)

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Policy Letter to David Anderson (LRE), November 30, 2012
download files MS Word (34KB) | PDF (712KB)

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Policy Letter to Dr. Rick Dale (RTI/CEIS), November 14, 2012
download files MS Word (34KB) | PDF (862KB)

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Policy Letter to Philpot (TX Rules) November 7, 2012
download files MS Word (33KB) | PDF (842KB)

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Policy Letter to Boswell (Parentally placed private school students with disabilities) November 7, 2012
download files MS Word (24KB) | PDF (481KB)

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Policy Letter to Goldstein, October 18, 2012
download files MS Word (35KB) | PDF (903KB)

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Policy letter to Albert Gonzales (LEA MOE), September 7, 2012
download files MS Word (33KB) | PDF (859KB)

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Policy Letter to Arthur Ackerhalt (Related Services Start) September 6, 2012
download files MS Word (32KB) | PDF (474KB)

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Policy Letter to Stephanie Petska (MOE), August 20, 2012
download files MS Word (24KB) | PDF (245KB)

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Policy Letter to Survival Coalition of Wisconsin Disability Organizations (MOE), August 20, 2012
download files MS Word (31KB) | PDF (632KB)

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Policy Letter to Gwen Moore (MOE), August 20, 2012
download files MS Word (36KB) | PDF (645KB)

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Policy Letter to Alex P. Apostle (Equitable Services) August 8, 2012
download files MS Word (40KB) | PDF (1MB)

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Policy Letter to Paula Walker (Resolution Meetings), August 9, 2012
download files MS Word (35KB) | PDF (716KB)

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Policy Letter to Lynn Woolsey (Reporting) June 26, 2012
download files MS Word (39KB) | PDF (1.1MB)

Policy Letter to Doug Cox Re: Expedited Due Process Hearings, June 22, 2012
download files MS Word (32KB) | PDF (69KB)

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June 22, 2012 to Disability Rights Wisconsin Managing Attorney Jeffrey Spitzer-Resnick.
TOPIC: Least Restrictive Environment
download files MS Word (32KB) | PDF (69KB)

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June 13, 2012 to East End Special Education Parents, Inc., President Kathleen Chamberlain.
TOPIC: Children in Private Schools
download files MS Word (41KB) | PDF (126KB)

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June 6, 2012 to West Virginia attorney James Gerl.
TOPIC: Revocation of Consent
download files MS Word (32KB) | PDF (69KB)

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May 9, 2012 to Special Education Advocate Ellen M. Chambers
TOPIC: Special Education and Related Services
download files MS Word (32KB) | PDF (69KB)

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Policy Letter to Cindy Chandler, April 26, 2012
download files MS Word (45KB) | PDF (492KB)

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Policy Letter to Michael Eig, April 23, 2012
download files MS Word (45KB) | PDF (492KB)

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April 11, 2012 to Cumberland County Schools Exceptional Children’s Programs Executive Director Ruben A. Reyes.
TOPIC: Evaluations, Parental Consent, and Reevaluations
download files MS Word (45KB) | PDF (492KB)

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April 10, 2012 to Little Cypress-Mauriceville Special Programs Director Robert H. Finch.
TOPIC: Individualized Education Programs for Transfer Students
download files MS Word (45KB) | PDF (492KB)

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April 9, 2012 to individual (personally identifiable information redacted).
TOPIC: Evaluations, Parental Consent, and Reevaluations
download files MS Word (45KB) | PDF (492KB)

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April 4, 2012 to Center for Law and Education co-director Kathleen Boundy.
TOPIC: Maintenance of Effort
download files MS Word (32KB) | PDF (69KB)

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Policy Letter to Individual (personally identifiable information redacted), March 28, 2012
download files MS Word (45KB) | PDF (492KB)

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Policy Letter to Brenda Cassellius, Feb. 16, 2012
download files MS Word (45KB) | PDF (492KB)

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Policy Letter to Amy Goetz and Atlee Reilly, Feb. 9, 2012
download files MS Word (45KB) | PDF (492KB)

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Policy Letter to Denise Koscielniak, Dec. 19, 2011
download files MS Word (45KB) | PDF (492KB)

 

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Policy Letter to Susan Luger and Lawrence Weinberg, Dec. 6, 2011
download files MS Word (45KB) | PDF (492KB)

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Policy Letter to Patricia Pierce, Dec. 2, 2011
download files MS Word (45KB) | PDF (492KB)

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Policy Letter to Ronald Stern, Sep. 30, 2011
download files MS Word (22KB) | PDF (75KB)

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Policy Letter to H. Douglas Cox, Sep. 26, 2011
download files MS Word (22KB) | PDF (75KB)

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Policy Letter to Ronald Caplan, September 6, 2011
download files MS Word (22KB) | PDF (75KB)

June 16, 2011 to National Association of State Directors of Special Education Executive Director Bill East
TOPIC ADDRESSED: Use of Federal Funds
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 613—Local Educational Agency Eligibility:
download files MS Word (31KB) | PDF (532KB)

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May 26, 2011 to East End Special Education Parents President Kathleen Chamberlain
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612—State Eligibility:
download files MS Word (34KB) | PDF (783KB)

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May 4, 2011 to Kansas Department of Health and Environment Secretary Robert Moser and Chief Fiscal Officer Pat Kuester
TOPIC ADDRESSED: Nonsupplanting
SECTION OF IDEA: Part C—Infants and Toddlers with Disabilities; Section 637—State Application and Assurances:
download files MS Word (31KB) | PDF (555KB)

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April 25, 2011 to Center for Education Advocacy, Inc. Director Lilly Rangel-Diaz
TOPIC ADDRESSED: Individualized Education Plan Team
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements:download files MS Word (47KB) | PDF (1.34MB)

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March 7, 2011 to Statewide Parent Advocacy Network of New Jersey Executive Co-Director Diana Autin
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 612—State Eligibility
download files MS Word (29KB) | PDF (65KB)

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March 2, 2011 to District of Columbia Acting State Superintendent of Education Hosanna Mahaley
TOPIC ADDRESSED: General Supervisory Authority
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 612—State Eligibility
download files MS Word (30KB) | PDF (437KB)

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February 10, 2011 to non-attorney advocate Amber Mintz
TOPIC ADDRESSED: Evaluations, Parental Consent and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
download files MS Word (45KB) | PDF (1.7MB)

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February 9, 2011 to Infant and Toddler Coordinators Association President Brad Hutton and National Association of State Directors of Special Education Director Bill East
TOPIC ADDRESSED: Early Childhood Transition
SECTION OF IDEA: Part C—Infants and Toddlers with Disabilities
Section 637—State Application and Assurances
download files MS Word (53KB) | PDF (1.8MB)

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January 24, 2011 to individual (personally identifiable information redacted)
TOPIC ADDRESSED: Individualized Education Plan
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
download files MS Word (33KB) | PDF (119KB)

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January 19, 2011 to individual (personally identifiable information redacted)
TOPIC ADDRESSED: Independent Educational Evaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 615—Procedural Safeguards
download files MS Word (31KB) | PDF (78KB)

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January 6, 2011 to Washington Office of Superintendent of Public Instruction Special Education Section Director Douglas Gill
TOPIC ADDRESSED: Use of Federal Funds
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 613—Local Educational Agency Eligibility
download files MS Word (32KB) | PDF (656KB)

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January 6, 2011 to Lehigh University Professor of Education and Law Perry A. Zirkel
TOPIC ADDRESSED: Evaluations, Parental Consent and Reevaluations
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 614—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
download files MS Word (37KB) | PDF (1.1MB)

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January 5, 2011 to Texas West Independent School District Assistant Superintendant Jan Hungate
TOPIC ADDRESSED: Least Restrictive Environment
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 612—State Eligibility
download files MS Word (35KB) | PDF (759KB)

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January 5, 2011 to New York State Education Department Associate Commissioner Rebecca Cort
TOPIC ADDRESSED: Children in Private Schools
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities;
Section 612—State Eligibility
download files MS Word (31KB) | PDF (566KB)

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Last Modified: 04/18/2013