OSEP's policy letters provide written guidance and clarification regarding implementation of the IDEA. OSEP typically issues these letters in response to specific questions raised by parents, educators, representatives of advocacy organizations, state educational agencies, early intervention programs and their providers, and other interested parties. These OSEP policy letters are listed below in chronological order starting from the most recent issuance and going back to 2001. To request a copy of a document issued prior to 2001, please contact Lisa.Pagano@ed.gov.

 

(Chronological listing)

 2019

May 2, 2019 Letter to Haller
TOPIC: Individualized Education Programs (IEP) Team Meetings
PDF (188KB)
Addresses whether a school district may invite an observer to an individualized education program (IEP) Team meeting.


May 2, 2019 Letter to Mills
TOPICS: Evaluations and Reevaluations and Prior Written Notice
PDF (213KB)
Addresses a series of questions resulting from a functional vision assessment by an optometrist.


May 2, 2019 Letter to Zirkel
TOPIC: Independent Educational Evaluations 
PDF (137KB)
Addresses a parent’s right to an IEE when the child has been evaluated and found not to be a child with a disability in need of special education and related services.


February 22, 2019 Letter to Olex
TOPIC: Transition to Postsecondary Education
PDF (141KB)
Addresses whether parental consent is required prior to conducting “age appropriate transition assessments” referenced in the IDEA Part B transition services provisions.


February 21, 2019 Letter to Siegel
TOPIC: Individualized Education Programs (IEP) Transfer Provisions
PDF (161KB)
Addresses a series of questions regarding a child with a disability who transfers to a new local educational agency (LEA) during the summer.


January 29, 2019 Letter to Duncan
TOPIC: Students with Disabilities in Correctional Facilities
PDF (145KB)
Addresses whether a department of corrections fails to provide a free appropriate public education (FAPE) under IDEA to students with disabilities.


January 29, 2019 Letter to Nathan
TOPIC: Discipline Procedures
PDF (164KB)
Provides clarification on a series of questions regarding the protections for children not yet determined eligible for special education and related services under IDEA.


January 29, 2019 Letter to Wayne
TOPIC: Children with Disabilities Placed in Private Schools by their Parents
PDF (136KB)
Addresses a local educational agency’s (LEA’s) obligation to a parentally placed private school child with a disability when the child’s parent does not request a free appropriate public education (FAPE) for the child.


January 29, 2019 Letter to Zirkel
TOPIC: Response to Intervention (RTI)
PDF (136KB)
Addresses a series of questions regarding the implementation of response to intervention (RTI) and multi-tiered systems of support (MTSS).


 2018

December 20, 2018 Letter to Eiserman
TOPIC: Early Intervention Services (EIS)
PDF (351KB)


August 23, 2018 Letter to Anonymous
TOPIC: Independent Education Evaluations
PDF (169KB)


August 23, 2018 Letter to Fletcher
TOPIC: Expedited Due Process Hearings
PDF (156KB)


August 2, 2018 Letter to Anonymous
TOPIC: Initial Evluations; Reevaluations; IEP Transfer Provisions
PDF (204KB)


August 2, 2018 Letter to Linda McDowell, Ph.D.
TOPIC: Related Services
PDF (206KB)


August 2, 2018 Letter to Lawrence Siegel, Esq.
TOPIC: Child Find
PDF (134KB)


July 27, 2018 Letter to Carrie Mason
TOPIC: Discipline Procedures
PDF (295KB)


June 28, 2018 Letter to Anonymous
TOPIC: Reevaluation; Independent Educational Evaluations
PDF (139KB)


May 10, 2018 to Perry A. Zirkel
TOPIC: Individualized Education Programs
PDF (139KB)


April 19, 2018 to Brian Carroll
TOPIC: Individualized Education Programs (Preschool)
PDF (280KB)


April 19, 2018 to Marcie Lipsitt
TOPIC: State Complaints Procedures
PDF (284KB)


April 19, 2018 to Perry A. Zirkel
TOPIC: Individualized Education Programs Team
PDF (279KB)


April 18, 2018 to David Kane
TOPIC: Special Education and Related Services
PDF (275KB)

 2017

September 8, 2017 to Brian Radziwill
TOPIC: Children with Disabilities Placed in Private Schools by their Parents
PDF (156KB)


April 18, 2017 to Ruthie-Marie Beckwith
TOPIC: Early Intervention
PDF (141KB)


February 27, 2017 to Anonymous
TOPIC: Due Process Hearings—Record Retention
PDF (156KB)


February 27, 2017 to Anonymous
TOPIC: Individualized Education Programs—Postsecondary Goals
PDF (156KB)


February 27, 2017 to Patrick Zacchini
TOPIC: Confidentiality of Education Records (Destruction of Information)
PDF (156KB)


January 18, 2017 to Lisa Pugh
TOPIC: Individualized Education Programs (Progress Reporting)
PDF (262KB)


January 2, 2017 to Anonymous
TOPIC: Due Process Hearings—state education agency (SEA) as a party
PDF (262KB)

 2016

December 27, 2016 to Ellen Chambers
TOPIC: Parentally-Placed Private School Children
PDF (140KB)


December 27, 2016 to John Copenhaver
TOPIC: State Advisory Panel
PDF (135KB)


December 27, 2016 to Rochelle Marcus
TOPIC: Procedural Safeguards—Communication with Attorneys
PDF (134KB)


October 22, 2016 to Jennifer Carroll
TOPIC: Independent Educational Evaluations
PDF (138KB)


September 23, 2016 to Nisha Kashyap
TOPIC: Access to Records
PDF (138KB)


August 23, 2016 to Martha Goodman
TOPIC: Children with Disabilities Placed in Private Schools by their Parents and Coordinated Early Intervening Services (CEIS)
PDF (138KB)


August 22, 2016 to Perry Zirkel
TOPIC: Due Process; RTI; General Supervision
PDF (138KB)


August 18, 2016 to Regina Skyer
TOPIC: Part C Evaluations
PDF (138KB)


August 4, 2016 to Michael J. Eig
TOPIC: Due Process Hearings
PDF (138KB)


May 9, 2016 to Martha Goodman
TOPIC: Extended Part C Option (34 CFR §303.211
PDF (138KB)


April 25, 2016  to Kelli Unnerstall
TOPIC: Evaluation, Specific Learning Disability
PDF (277KB)


March 3, 2016  to Anonymous
TOPIC: IEP Development, Review and Revision, Placement, and Hearing Decisions
PDF (138KB)


February 17, 2016 to David Andel
TOPIC: IEP Team
PDF (138KB)


February 9, 2016 to John D. Copenhaver
TOPIC: State advisory panels
PDF (84KB)


January 19, 2016 to Diana Savit
TOPIC: IEP Team Meetings and Independent Educational Evaluations (IEE)
PDF (143KB)

Top

 2015

December 13, 2015 to Colleen A. Snyder
TOPIC: Due Process Hearings
PDF (164KB)


December 9, 2015 to Perry A. Zirkel
TOPIC: Due Process Hearings
PDF (82KB)

Attachments provided to OSEP from the Office of General Council (OGC):

  • G.L.; Mr. G.L., Mrs. E.L., in their own right v. Ligonier Valley School District Authority, Appellant
    PDF (409KB)

  • G.L., Mr. G.L., Mrs. E.L. v. Ligonier Valley School District Authority, No. 14-1387, Amicus Curiae Letter Brief
    PDF (1.0MB)


November 23, 2015 to Michael I. Inzelbuch
TOPIC: Proportionate Share / Equitable Services
PDF (82KB)


November 23, 2015 to Michael Lovato
TOPIC: Maintenance of Effort (MOE)
PDF (224KB)


November 23, 2015 to Julie J. Weatherly
TOPIC: Destruction of Information
PDF (163KB)


September 18, 2015 to Marcie Lipsitt
TOPIC: State Complaints
PDF (37KB)


September 16, 2015 to Matthew D. Cohen
TOPIC: Due Process Hearings
PDF (167KB)


July 16, 2015 to Mark McWilliams
TOPIC: State Complaints
PDF (170KB)


July 6, 2015 to Edward Sarzynski
TOPIC: Parentally Placed Private School Children with Disabilities
PDF (102KB)


May 19, 2015 to Heather S. Deaton
TOPIC: State Identification and Correction of Noncompliance
PDF (129KB)


February 23, 2015 to Debbie Baus
TOPIC: Independent Educational Evaluations (IEE)
MS Word (88KB) | PDF (40KB)


January 7, 2015 to Margaret O'Sullivan Kane
TOPIC: Due Process Hearings
MS Word (174KB) | PDF (69KB)

Top

 2014

December 17, 2014 to Christopher Koch
TOPIC: Maintenance of Effort
MS Word (62KB) | PDF (286KB)


November 12, 2014 to Tracy Blodgett
TOPIC: Reevaluations
MS Word (451KB) | PDF (44KB)


November 12, 2014 to Michelle Kotler
TOPIC: Eligibility Criteria
MS Word (188KB) | PDF (76KB)


November 3, 2014 to Atlee Reilly
TOPIC: State Complaints
MS Word (99KB) | PDF (45KB)


September 29, 2014 to Sam Sutton and David Rubel
TOPIC: Parentally-placed Private School Students
MS Word (99KB) | PDF (45KB)


July 10, 2014 to Kim Wedel
TOPIC: Part C Finance
MS Word (99KB) | PDF (45KB)


June 2, 2014 to Mark W. Voigt
TOPIC: Due Process Hearing Decision Implementation Timelines
MS Word (99KB) | PDF (45KB)


March 21, 2014 to Janice Breton
TOPIC: Electronic Mail
MS Word (99KB) | PDF (45KB)


February 10, 2014 to Jennifer Pardus
TOPIC: Prior Written Notice
MS Word (56KB) | PDF (184KB)


February 10, 2014 to Diana M. Savit, Esq.
TOPIC: Observation and Recording Meetings
MS Word (99KB) | PDF (45KB)


February 7, 2014 to Gene Lenz
TOPIC: Progress Reports
MS Word (99KB) | PDF (45KB)

Top

 2013

December 20, 2013 to Dr. Jim Delisle
TOPIC: Twice Exceptional
MS Word (98KB) | PDF (49KB)


December 20, 2013 to Deborah Pergament
TOPIC: Makeup
MS Word (96KB) | PDF (45KB)


November 26, 2013 to William J. Casey, Esq.
TOPIC: Reimbursement for PPPSS
MS Word (95KB) | PDF (43KB)


November 25, 2013 to Guy M. McBride, Ph.D.
TOPIC: LD Criteria
MS Word (94KB) | PDF (42KB)


November 5, 2013 to Buckley Hugo
TOPIC: LD Criteria
MS Word (99KB) | PDF (56KB)


October 23, 2013 to Luke E. Kelly
TOPIC: APE
MS Word (99KB) | PDF (47KB)


September 24, 2013 to Marilyn Arons
TOPIC: Central Director
MS Word (99KB) | PDF (47KB)


September 24, 2013 to Jan Breton
TOPIC: Parent Participation-IEP Meeting
MS Word (99KB) | PDF (45KB)


September 10, 2013 to Dr. Perry Zirkel
TOPIC: RTI
MS Word (96KB) | PDF (50KB)


September 5, 2013 to McKinney
TOPIC: Medicaid
MS Word (101KB) | PDF (51KB)


September 3, 2013 to Dude
TOPIC: Transition
MS Word (109KB) | PDF (64KB)


August 5, 2013 to Diana Bowman
TOPIC: Homeless Children with Disabilities
MS Word (104KB) | PDF (56KB)


August 1, 2013 to Michael I. Inzelbuch
TOPIC: Evaluation
MS Word (99KB) | PDF (111KB)


July 31, 2013 to Garth Tymeson
TOPIC: Applicability of Physical Education for Preschool Children with Disabilities
MS Word (97KB) | PDF (63KB)


July 19, 2013 to Maureen Greer
TOPIC: Questions and Answers Part C Provisions
MS Word (125KB) | PDF (94KB)


May 21, 2013 to Christopher Northrop
TOPIC: Individualized Education Programs
MS Word (232KB) | PDF (138KB)


May 8, 2013 to Charlcie Flinn
TOPIC: Confidentiality of Records
MS Word (230KB) | PDF (134KB)


April 18, 2013 to Marsha Johnson
TOPIC: Natural Environments
MS Word (232KB) | PDF (145KB)


April 2, 2013 to Glenna Gallo
TOPIC: Discipline Procedures
MS Word (106KB) | PDF (182KB)


March 27, 2013 to K. Dean Shatley
TOPIC: Surrogate Parents
MS Word (39KB) | PDF (849KB)


March 27, 2013 to William Casey
TOPIC: Due Process Complaint
MS Word (96KB) | PDF (63KB)


March 27, 2013 to Amy Maisterra
TOPIC: Clerc Center at Galludet University
MS Word (46KB) | PDF (1.08MB)


March 7, 2013 to Troy Couillard
TOPIC: Use of Federal Funds
MS Word (48KB) | PDF (1.43MB)


February 4, 2013 to Dr. George V. Corwell
TOPIC: Children in Private Schools
MS Word (34KB) | PDF (625KB)


January 30, 2013 to Carol Hokenson
TOPIC: Use of Federal Funds
MS Word (45KB) | PDF (1.5MB)

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 2012

December 7, 2012 to Carmela N. Edmunds
TOPIC: Procedural Safeguards
MS Word (30KB) | PDF (495KB)


December 5, 2012 to Tomas Ramirez III
TOPIC: Manifestation Determination Hearing
MS Word (30KB) | PDF (495KB)


December 4, 2012 to David Anderson
TOPIC: LRE
MS Word (34KB) | PDF (712KB)


November 30, 2012 to Judith A. Gran and Catherine Merino Reisman
TOPIC: Inpartial Due Process Hearing
MS Word (37KB) | PDF (967KB)


November 20, 2012 to Pat Geary and James P. DeLorenzo
TOPIC: Evaluation Timelines
MS Word (34KB) | PDF (862KB)


November 14, 2012 to Dr. Rick Dale
TOPIC: Use of Federal Funds
MS Word (34KB) | PDF (862KB)


November 7, 2012 to Philpot
TOPIC: Impartial Due Process
MS Word (33KB) | PDF (842KB)


November 7, 2012 to Boswell
TOPIC: Children in Private Schools
MS Word (24KB) | PDF (481KB)


October 18, 2012 to Goldstein, Esq.
TOPIC: Maintenance of Current Educational Placement
MS Word (35KB) | PDF (903KB)


September 7, 2012 to Albert Gonzales
TOPIC: LEA MOE
MS Word (33KB) | PDF (859KB)


September 6, 2012 to Arthur Ackerhalt
TOPIC: Related Services Start
MS Word (32KB) | PDF (474KB)


August 20, 2012 to Stephanie Petska
TOPIC: MOE
MS Word (24KB) | PDF (245KB)


August 20, 2012 to Survival Coalition of Wisconsin Disability Organizations
TOPIC: MOE
MS Word (31KB) | PDF (632KB)


August 20, 2012 to Gwen Moore
TOPIC: MOE
MS Word (36KB) | PDF (645KB)


August 8, 2012 to Alex P. Apostle
TOPIC: Children in Private Schools
MS Word (40KB) | PDF (1MB)


August 9, 2012 to Paula Walker
TOPIC: Impartial Due Process Hearings
MS Word (35KB) | PDF (716KB)


July 13, 2012 to Patty Murray
TOPIC: Individualized Education Programs
MS Word (39KB) | PDF (1.1MB)


June 26, 2012 to U.S. Congresswoman Lynn C. Woolsey.
TOPIC: Federal and State Monitoring
MS Word (39KB) | PDF (1.1MB)


June 22, 2012 to Virginia Department of Education Assistant Superintendent H. Douglas Cox.
TOPIC: Discipline Procedures
MS Word (32KB) | PDF (69KB)


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


June 21, 2012 to Edward Sarzynski
TOPIC: Discipline Procedures
MS Word (32KB) | PDF (69KB)


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


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


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


April 26, 2012 to Family Soup Executive Director Cindy E. Chandler.
TOPIC: Prior Written Notice
MS Word (45KB) | PDF (492KB)


April 23, 2012 to Maryland attorney Michael J. Eig.
TOPIC: Resolution Process
MS Word (45KB) | PDF (492KB)


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


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


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


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


March 28, 2012 to Individual (personally identifiable information redacted)
TOPIC: State Residency Requirements
MS Word (45KB) | PDF (492KB)


March 7, 2012 to an individual (personally identifiable information redacted)
TOPIC: Individualized Education Plan
MS Word (45KB) | PDF (492KB)


February 29, 2012 to Individuals (personally identifiable information redacted)
TOPIC: Free Appropriate Public Education
MS Word (45KB) | PDF (492KB)


February 29, 2012 to Philip Ferrara
TOPIC: Initial Evaluations
MS Word (45KB) | PDF (492KB)


February 16, 2012 to Brenda Cassellius
TOPIC: Impartial Due Process Hearings
MS Word (45KB) | PDF (492KB)


February 9, 2012 to Amy Goetz and Atlee Reilly
TOPIC: Impartial Due Process Hearings
MS Word (45KB) | PDF (492KB)

Top

 2011

December 19, 2011 to Denise Koscielniak
TOPIC: Individualized Education Programs
MS Word (45KB) | PDF (492KB)


December 6, 2011 to Susan Luger Associates
TOPIC: Children in Private Schools
MS Word (45KB) | PDF (492KB)


December 2, 2011 to Patricia Pierce,
TOPIC: Graduation
MS Word (45KB) | PDF (492KB)


September 30, 2011 to Ronald Stern
TOPIC: Least Restrictive Environment
MS Word (22KB) | PDF (75KB)


September 26, 2011 to H. Douglas Cox
TOPIC: Individualized Education Programs
MS Word (22KB) | PDF (75KB)


September 6, 2011 to Ronald Caplan,
TOPIC: Surrogate Parents
MS Word (22KB) | PDF (75KB)


June 16, 2011 to National Association of State Directors of Special Education Executive Director Bill East
TOPIC: Use of Federal Funds
MS Word (31KB) | PDF (532KB)


May 26, 2011 to East End Special Education Parents President Kathleen Chamberlain
TOPIC: Children in Private Schools
MS Word (34KB) | PDF (783KB)


May 5, 2011 to Michael Willden
TOPIC: Nonsupplanting
MS Word (31KB) | PDF (555KB)


May 4, 2011 to Kansas Department of Health and Environment Secretary Robert Moser and Chief Fiscal Officer Pat Kuester
TOPIC: Nonsupplanting
MS Word (31KB) | PDF (555KB)


April 25, 2011 to Center for Education Advocacy, Inc. Director Lilly Rangel-Diaz
TOPIC: Individualized Education Plan Team
MS Word (47KB) | PDF (1.34MB)


March 7, 2011 to Statewide Parent Advocacy Network of New Jersey Executive Co-Director Diana Autin
TOPIC: Least Restrictive Environment
MS Word (29KB) | PDF (65KB)


March 2, 2011 to District of Columbia Acting State Superintendent of Education Hosanna Mahaley
TOPIC: General Supervisory Authority
MS Word (30KB) | PDF (437KB)


February 10, 2011 to non-attorney advocate Amber Mintz
TOPIC: Evaluations, Parental Consent and Reevaluations
MS Word (45KB) | PDF (1.7MB)


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: Early Childhood Transition
MS Word (53KB) | PDF (1.8MB)


January 24, 2011 to individual (personally identifiable information redacted)
TOPIC: Individualized Education Plan
MS Word (33KB) | PDF (119KB)


January 19, 2011 to individual (personally identifiable information redacted)
TOPIC: Independent Educational Evaluations
MS Word (31KB) | PDF (78KB)


January 6, 2011 to Washington Office of Superintendent of Public Instruction Special Education Section Director Douglas Gill
TOPIC: Use of Federal Funds
MS Word (32KB) | PDF (656KB)


January 6, 2011 to Lehigh University Professor of Education and Law Perry A. Zirkel
TOPIC: Evaluations, Parental Consent and Reevaluations
MS Word (37KB) | PDF (1.1MB)


January 5, 2011 to Texas West Independent School District Assistant Superintendant Jan Hungate
TOPIC: Least Restrictive Environment
MS Word (35KB) | PDF (759KB)


January 5, 2011 New York State Education Department Associate Commissioner Rebecca Cort
TOPIC: Children in Private Schools
MS Word (35KB) | PDF (759KB)