On July 24, 2023, the U.S. Dept. of Education’s (USDOE) Office of Special Education Programs (OSEP) released updated policy guidance “to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA).” The guidance took immediate effect upon release.
According to OSEP, “The guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA.”
This guidance is significant in that it focuses on general supervisory responsibilities. Refusing to address noncompliance outside the typical dispute resolution channels of mediation, state complaints, and/or due process hearings, has long been a problem for states like Virginia, as one example.
Whilst a few states improved their performance, others (like California) continued to fail. In 2023, 23 states or entities received the determination of “meets requirements” under IDEA Part B, as compared to 22 in 2022; six states received the determination of “needs assistance (one year)” in 2023, compared to 3 in 2022; 29 received the determination of “needs assistance (two or more consecutive years)” in 2023, compared to 35 in 2022; and two states received the determination of “needs intervention” in 2023, compared to zero in 2022.
In addition, it comes on the heels of a year that saw OSEP open more monitoring investigations nationwide, and extended monitoring into states like Texas and Virginia, which VDOE has been monitoring for seven and three years respectively.
One glaring problem in the reports, the US continues to fail the Bureau of Indian Education as well as the educational systems of it’s colonies / protectorates.
The US is failing its students, again
The US is failing its students, again
The US is failing its students, again
On July 24, 2023, the U.S. Dept. of Education’s (USDOE) Office of Special Education Programs (OSEP) released updated policy guidance “to ensure and strengthen the rights and protections guaranteed to children with disabilities and their families under the Individuals with Disabilities Education Act (IDEA).” The guidance took immediate effect upon release.
According to OSEP, “The guidance and accompanying Dear Colleague Letter address the IDEA’s “general supervision” requirement, which necessitates states monitor local educational agencies (LEAs) as required by IDEA Part B, and early intervention service (EIS) programs and providers as required by IDEA Part C to ensure children with disabilities and their families access their rights under IDEA.”
This guidance is significant in that it focuses on general supervisory responsibilities. Refusing to address noncompliance outside the typical dispute resolution channels of mediation, state complaints, and/or due process hearings, has long been a problem for states like Virginia, as one example.
The guidance arrives a month after USDOE’s June 26, 2023, release of its annual determination letters, which indicated that less than half of the U.S.’s states and “entities” “meet requirements” under USDOE’s determination system.
Whilst a few states improved their performance, others (like California) continued to fail. In 2023, 23 states or entities received the determination of “meets requirements” under IDEA Part B, as compared to 22 in 2022; six states received the determination of “needs assistance (one year)” in 2023, compared to 3 in 2022; 29 received the determination of “needs assistance (two or more consecutive years)” in 2023, compared to 35 in 2022; and two states received the determination of “needs intervention” in 2023, compared to zero in 2022.
In addition, it comes on the heels of a year that saw OSEP open more monitoring investigations nationwide, and extended monitoring into states like Texas and Virginia, which VDOE has been monitoring for seven and three years respectively.
One glaring problem in the reports, the US continues to fail the Bureau of Indian Education as well as the educational systems of it’s colonies / protectorates.