NEW Notice of Appeal in COPAA v. DeVos
On May 6, 2019, the Department of Justice filed a Notice of Appeal in COPAA v. DeVos. The filing of this Notice of Appeal does not stay the district court order or alter the fact that the December 19, 2016 Equity in IDEA regulation on significant disproportionality is currently in effect.
NEW Calculating Significant Disproportionality
Pursuant to the plain language of the December 19, 2016 Equity in IDEA regulation on significant disproportionality, and in conjunction with the March 7, 2019 decision in COPAA v. Devos, the Department expects States to calculate significant disproportionality for the 2018–2019 school year using the 2016 rule’s standard methodology, or to recalculate using the 2016 rule’s standard methodology if a different methodology has already been used for this school year.
Back in September 2018, OSERS released a framework that highlights the way OSERS will focus its work to advance the Secretary of Education’s priorities and continue to make progress toward achieving its mission to improve early childhood, educational, and employment outcomes and raise expectations for all people with disabilities, their families, their communities, and the nation.
Parent and Educator Guide to School Climate Resources
This Guide, produced jointly by the Department's Office of Elementary and Secondary Education and the Office of Special Education and Rehabilitative Services, provides best practices and includes resources school leaders and teachers can utilize as they work to achieve a positive school climate, reduce disciplinary concerns, and enhance school safety. Additionally, the Guide provides information to teachers and school leaders on how they can receive support from the Department's two technical assistance centers dedicated to promoting safe and supportive schools, including the National Center of Safe and Supportive Learning Environments, and the Technical Assistance Center on Positive Behavioral Interventions and Supports. The Guide includes an appendix of additional resources spanning the work of government agencies and private organizations, equipping parents and educators to create positive learning environments for all students.
Update on Judicial Decision Regarding Significant Disproportionality
We want to make you aware of the March 7, 2019 judicial decision in COPAA v. DeVos that vacated the 2018 regulation delaying implementation of the December 19, 2016 Equity in IDEA regulation on significant disproportionality. The Department is reviewing the ruling and considering our options. This judicial decision means that the 2016 regulation is currently in effect. The Office of Special Education Programs (OSEP) staff is collecting information from States about the status of implementation and discussing how to assist with any issues that may arise. If you have additional questions or concerns, please communicate directly with your OSEP State contact.
U.S. Secretary of Education Betsy DeVos unveiled Education Freedom Scholarships, the Trump Administration's key proposal to expand and improve the education options available to students across the country.
Fact Sheet: How EFS Can Expand Special Education Options
New ED Initiative to Address the Inappropriate Use of Restraint and Seclusion to Protect Children with Disabilities
U.S. Secretary of Education Betsy DeVos announced that the U.S. Department of Education will launch an initiative to address the possible inappropriate use of restraint and seclusion in our nation’s schools. The Office for Civil Rights (OCR), in partnership with the Office of Special Education and Rehabilitative Services (OSERS), will oversee this proactive approach which will protect students with disabilities by providing technical assistance and support to schools, districts, and state education agencies, and strengthen enforcement activities.
OSERS Office of Special Education Programs (OSEP) has released its 40th Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2018. The report details the progress made toward the provision of a free appropriate public education to all children with disabilities and the provision of early intervention services to infants and toddlers with disabilities.
As an example of OSERS’ commitment to rethink anything and everything to ensure that it is in the best position to achieve its mission, Assistant Secretary Johnny Collett addressed the need to rethink special education in a new blog. The blog highlights the importance of acknowledging the unique needs of each child and then finding the best ways to prepare each individual for successful careers and a meaningful life.
The U.S. Department of Education published in the Federal Register a final rule concerning the Department’s significant disproportionality regulations published December 19, 2016. With this publication, the Department has postponed the compliance date for implementing the significant disproportionality regulations by two years, from July 1, 2018, to July 1, 2020.
The final rule is available at the Federal Register.
The 2018 IDEA Determinations Fact Sheet provides information about the 2018 state determinations on implementation of the Individuals with Disabilities Education Act (IDEA), including the determination category for each state under Part B and Part C, for fiscal year 2016. OSEP will provide links to each state's determination letter and attachments in July, 2018.
for all people with disabilities, their families, their communities, and the nation.
In implementing this mission, OSERS supports programs that help educate children and youth with disabilities and provides for the rehabilitation of youth and adults with disabilities. OSERS provides a wide array of supports to parents and individuals, school districts and states in two main areas—special education and vocational rehabilitation—through its two main components: OSEP and RSA.