OSEP Policy Documents – Letters, Memos, Dear Colleague Letters, and FAQs

OSEP policy documents provide information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act (IDEA) through two types of issuances:

Policy Support Documents
 

OSEP issues broader written guidance in the form of memos, Dear Colleague Letters, or frequently asked questions (FAQ) documents, as determined appropriate, based on:

  • Information gathered through OSEP's oversight of implementation of the IDEA by state educational agencies and Part C lead agencies.
  • Stakeholder-identified needs for clarification of the IDEA's provisions.
  • Needs identified due to new statutory or regulatory provisions or court cases.

These OSEP policy memos, Dear Colleague Letters and FAQs are listed below in chronological order starting from the most recent issuance and going back to 2005. To request a copy of a document issued prior to 2005, please contact [email protected].

Note: OSEP policy memos related to grant applications, submission of State Performance Plans (SPP) and Annual Performance Reports (APR) or reporting of IDEA State-Reported data under Section 618 of the IDEA are not included on this page as they are found on the two above links.

 

Questions and Answers on the National Instructional Materials Accessibility Standard (NIMAS)
This Q&A provides states, state educational agencies (SEAs), local educational agencies (LEAs), and other interested parties with information to facilitate implementation of the NIMAS and coordination with the ational Instructional Materials Access Center (NIMAC).
Auguest 9, 2021
PDF (400KB)


Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families
The U.S. Department of Education’s Office for Civil Rights and Office of Special Education and Rehabilitative Services issued a resource entitled Long COVID under Section 504 and the IDEA:  A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families. This resource for all stakeholders in the education community provides information about the obligations of schools, public agencies, and postsecondary institutions to students and children with long COVID.
July 26, 2021
PDF (309KB)


Questions and Answers (Q&A) on Flexibility in Implementating IDEA Part C Evaluation and Assessment Timelines in the Current COVID-19 Environment.
The Office of Special Education Programs (OSEP) issued Q&A documents in response to inquiries concerning flexibility in the implementation of the Individuals with Disabilities Education Act (IDEA) Part C evaluation and assessment timelines in the current COVID-19 environment.
July 6, 2020
PDF (265KB)


Questions and Answers (Q&A) on Implementation of the IDEA Part B and Part C Procedural Safeguards in the Current COVID-19 Environment.
The Office of Special Education Programs (OSEP) issued Q&A documents in response to inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B and Part C procedural safeguards in the current COVID-19 environment.
June 30, 2020

IDEA Part B Procedural Safeguards Q&A
PDF (287KB)

IDEA Part C Procedural Safeguards Q&A
PDF (291KB)


Questions and Answers (Q&A) on Flexibility in Implementating IDEA Part B Fiscal Requirements in the Current COVID-19 Environment.
The Office of Special Education Programs (OSEP) issued Q&A documents in response to inquiries concerning flexibility in the implementation of the Individuals with Disabilities Education Act (IDEA) Part B fiscal requirements in the current COVID-19 environment.
June 26, 2020
PDF (265KB)


Questions and Answers (Q&A) on Implementation of the IDEA Part B and Part C Use of Funds in the Current COVID-19 Environment.
The Office of Special Education Programs (OSEP) issued Q&A documents in response to inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B and Part C use of funds in the current COVID-19 environment.
June 25, 2020

IDEA Part B Use of Funds Q&A
PDF (250KB)

IDEA Part C Use of Funds Q&A
PDF (295KB)


Questions and Answers (Q&A) on Implementation of the IDEA Part B and Part C Dispute Resolution Procedures in the Current COVID-19 Environment.
The Office of Special Education Programs (OSEP) issued Q&A documents in response to inquiries concerning implementation of the Individuals with Disabilities Education Act (IDEA) Part B and Part C dispute resolution procedures in the current COVID-19 environment.
June 22, 2020

IDEA Part B Dispute Resolution Procedures Q&A
PDF (309KB)

IDEA Part C Dispute Resolution Procedures Q&A
PDF (244KB)


Supplemental Fact Sheet Addressing the Risk of COVID-19 in Preschool, Elementary and Secondary Schools While Serving Children with Disabilities
The Department released a supplemental fact sheet clarifying that federal law should not be used to prevent schools from offering distance learning opportunities to all students, including students with disabilities. This supplemental fact sheet from the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) explains that as a school district takes necessary steps to address the health, safety, and well-being of all its students and staff, educators can use distance learning opportunities to serve all students.
Mar 21, 2020
PDF (297KB)


Questions and Answers on Providing Services to Children with Disabilities During the Coronavirus Disease 2019 Outbreak
This Questions and Answers (Q&A) document outlines states’ responsibilities to infants, toddlers, and children with disabilities and their families, and to the staff serving these children.
Mar. 12, 2020
PDF (168KB)


Increasing Postsecondary Opportunities and Success for Students and Youth with Disabilities
The Department issued a Department issued a Questions and Answers document (Q&A), with an accompanying Appendix, on the dual enrollment of students with disabilities in secondary school and postsecondary education institutions, including comprehensive transition and postsecondary education programs for students with intellectual disabilities.
Sep. 17, 2019
PDF (400KB)


Information Regarding Consequences for States Not Meeting the Requirement to Assess Not More than 1.0 Percent of Students on the Alternate Assessment
The purpose of this memorandum is to provide information regarding the implications for States not meeting therequirement, in Title I of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), related to participation in an alternate assessment aligned with alternate academic achievement standards (AA-AAAS).
March 28, 2019
PDF (364KB)


Questions and Answers on U. S. Supreme Court Case Decision Endrew F. v. Douglas County School District Re-1
On March 22, 2017 the U.S. Supreme Court issued a unanimous opinion in Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988. In that case, the Court interpreted the scope of the free appropriate public education (FAPE) requirements in the Individuals with Disabilities Education Act (IDEA). This Q&A provides parents and other stakeholders information on the issues addressed in Endrew F. and the impact of the Court's decision on the implementation of the IDEA
Dec. 7, 2017
PDF (561KB)


OSEP Memo 17-05: Eligibility Determinations for Children Suspected of Having a Visual Impairment Including Blindness under the Individuals with Disabilities Education Act (IDEA)
The purpose of this memorandum is to ensure broad dissemination of the key points made in our November 12, 2014 letter, provide the additional guidance requested on this important issue, and share information about outside resources that may be helpful as you examine your State’s procedures related to the identification and evaluation of children suspected of having a visual impairment including blindness.
May 22, 2017
PDF (325KB)


POLICY MEMO: Requirements for the Cap on the Percentage of Students who may be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards
This memorandum provides information regarding procedures for a state that wishes to seek a waiver of the 1.0 percent cap in the Elementary and Secondary Education Act of 1965 (ESEA) section 1111(b)(2)(D)(i)(I) on the number of students who participate in alternate assessments aligned with alternate academic achievement standards (AA-AAAS).
May 16, 2017
PDF (256KB)


OSEP Letter to TASH
This letter addresses questions regarding Office of Special Education Programs (OSEP)'s 84.325K grant priority: Interdisciplinary Preparation in Special Education, Early Intervention, and Related Services for Personnel Serving Children with Disabilities Who Have High-Intensity Needs.
April 18, 2017
PDF (141KB)


Significant Disproportionality (Equity in IDEA) Essential Questions and Answers and a Model State Timeline
These resources are a follow-up to the Equity in IDEA final regulation, which was published in the Federal Register on Dec. 19, 2016, and became effective on Jan. 18, 2017. The Q&A is a guidance document that includes questions and answers on the rule, including the standard methodology; remedies; effective and compliance dates; and a glossary of terms. It is intended to be used as a resource for states as they begin engaging with stakeholders around the implementation of the final rule. The Model State Timeline outlines the different streams of work and the timelines that states should consider as they implement the new rule.
March 31, 2017

IDEA Part B Dispute Resolution Procedures Q&A
PDF (309KB)

Model State Timeline
PDF (324KB)


POLICY GUIDANCE: Joint Statement on Collaboration and Coordination of the MIECHV and IDEA Part C Programs
This joint statement from the U.S. Departments of Education (ED) and Health and Human Services (HHS) sets a vision for stronger partnerships, collaboration, and coordination between awardees of the Maternal, Infant, and Early Childhood Home Visiting Program (MIECHV) and the Individuals with Disabilities Education Act (IDEA) Part C Program.
January 19, 2017
PDF (1.0MB)


Updated Dear Colleague Letter on Preschool Least Restrictive Environments.
Provides updated guidance on preschool least restrictive environments (LRE) and addresses: key statutory and regulatory requirements; preschool placement options; reporting educational environments data for preschool children with disabilities; and the use of the Individuals with Disabilities Education Act (IDEA) Part B funds for preschool children with disabilities.
January 9, 2017
PDF (287KB)


Dear Colleage Letter with the Office for Civil Rights on Charter Schools
Students with disabilities who are enrolled in public charter schools, like students with disabilities enrolled in other public elementary or secondary schools, have important rights under two Federal laws, Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act (IDEA). Similarly, students with disabilities who seek to enroll in public charter schools or traditional public schools have important rights secured by these two laws.
December 28, 2016
PDF (190KB)


FAQ about the Rights of Students with Disabilities in Public Charter Schools under the Individuals with Disabilities Education Act
This guidance provides charter schools, states, state educational agencies (SEAs), local educational agencies (LEAs), other public agencies, parents, and other stakeholders with information regarding the rights of children with disabilities attending charter schools and their parents under the Individuals with Disabilities Education Act (IDEA).
December 27, 2016
PDF (562KB)


FAQ on Early Childhood Privacy and Confidentiality
The purpose of this FAQ is to assist early childhood programs under the Individuals with Disabilities Education Act (IDEA) with addressing privacy and confidentiality questions. This document is intended to provide responses to frequently asked questions to facilitate and enhance states' implementation of IDEA privacy and confidentiality provisions and can be used in conjunction with the 2014 side-by-side guide of the IDEA and Family Educational Rights and Privacy Act (FERPA) Confidentiality Provisions.
October 20, 2016
PDF (284KB)


OSEP Dear Colleague Letter Regarding Education of Children with Disabilities Attending Public Virtual Schools
Addresses the requirement for state educational agencies and local educational agencies to ensure the provision of a free appropriate public education to students with disabilities attending public virtual schools. The guidance focuses on specific requirements in the Individuals with Disabilities Education Act (IDEA) for public virtual schools.
August 5, 2016
PDF (336KB)


Know Your Rights in Charter Schools
This document is designed to help parents, students, and the charter school community better understand the rights of students with disabilities under Federal disability-related laws.
August 1, 2016
PDF (492KB)


OSEP Dear Colleague Letter on Supporting Behavior of Students with Disabilities
Emphasizes the requirement that schools provide positive behavioral supports to students with disabilities who need them. It also clarifies that the repeated use of disciplinary actions may suggest that children with disabilities may not be receiving appropriate behavioral interventions and supports.
August 1, 2016
PDF (493KB)

A Summary for Stakeholders
PDF (552KB)


OCR Dear Colleague Letter on Obligation of Schools to Provide Students with Attention-Deficit/Hyperactivity Disorder with Equal Educational Opportunity
This Dear Colleague Letter from the Office for Civil Rights (OCR) describes the obligation of schools to provide students with attention-deficit/hyperactivity disorder with equal educational opportunity under section 504 of the Rehabilitation Act.
July 26, 2016
PDF (955KB)


IEP Translation—Communication from OSEP 
Communication from OSEP regarding the Government's Statement of Interest in R. v. The School District Philadelphia addressing the translation of Individualized Education Program (IEP)s pursuant to Title VI of the Civil Rights Act of 1964 (Title VI) and the Equal Educational Opportunities Act of 1974.
June 14, 2016
PDF (64KB)

Attachment: Statement of Interest
  (PDF, 190KB)


OSEP Memo 16-07—Response to Intervention (RTI) and Preschool Services
This memorandum states that a response to intervention process cannot be used to delay-deny an evaluation for preschool special education services under the Individuals with Disabilities Education Act (IDEA).
April 29, 2016
PDF (325KB)


OSEP Dear Colleague Letter on Children with Disabilities Residing in Nursing Homes
Addresses the responsibilities of states, school districts, and other public agencies in addressing the special educational needs of children with disabilities who reside in nursing homes.
April 26, 2016
PDF (325KB)


OSEP Dear Colleague Letter on Free and Appropriate Public Education (FAPE)
Clarifies that individualized education programs (IEP) for children with disabilities must be aligned with state academic content standards for the grade in which a child is enrolled.
November 16, 2015
PDF (324KB)


OSEP Dear Colleague Letter on Individuals with Disabilities Education Act (IDEA) / Individual Education Program (IEP) Terms.
A policy guidance to clarify that there is nothing in the Individuals with Disabilities Education Act (IDEA) that would prohibit the use of the terms dyslexia, dyscalculia, and dysgraphia in IDEA evaluation, eligibility determinations or IEP documents.
October 23, 2015 
PDF (227KB)


OSEP Dear Colleague Letter to SEAs Regarding Oversight of Federal Funds to Charter Schools
A Dear Colleague Letter to state educational agencies (SEAs) that offers guidance and federal resources on appropriate and effective oversight of public charter schools.
September 28, 2015
PDF (317KB)


POLICY STATEMENT: Inclusion of Children with Disabilities in Early Childhood Programs
This policy statement, released jointly by the Departments of Education and Health and Human Services, states that all young children with disabilities should have access to inclusive high-quality early childhood programs, where they are provided with individualized and appropriate support in meeting high expectations.
September 14, 2015

Joint ED & HHS Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs. Full Statement.
September 14, 2015
PDF (541KB)

ED & HHS Joint Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs—Executive Summary.
September 14, 2015
PDF (98KB)

Letter by Secretaries Duncan and Burwell on Inclusion in Early Learning Programs.
September 18, 2015
PDF (186KB)


Q&A Regarding Inclusion of English Learners with Disabilities in English Language Proficiency Assessments and Title III Annual Measurable Achievement Objectives
This guidance document is on the inclusion of English Learners (ELs) with disabilities in English language proficiency (ELP) assessments under Titles I and III of the Elementary and Secondary Education Act (ESEA) of 1965, as amended. These are assessments designed to measure the progress of ELs in attaining English language proficiency.
August 3, 2015

July 2015 Addendum
PDF (319KB)

July 2014 Cover Letter
MS WORD (203KB) | PDF (215KB)

July 2014 Q&A
MS WORD (249KB) | PDF (116KB)


OSEP Memo 15-10 Local Educational Agency (LEA) Maintenance of Effort (MOE) Questions and Answers
This Memorandum is a question and answer (Q&A) document on the final LEA MOE regulations that were published in the Federal Register on April 28, 2015 and became effective on July 1, 2015. OSEP encourages state educational agencies (SEAs) and LEAs to review carefully the final regulations and the attached guidance and work collaboratively to ensure that the regulations are implemented correctly.
July 27, 2015 
PDF (213KB)


OSEP Dear Colleague Letter on Speech and Language Services for Students with Autism Spectrum Disorder
This letter addresses reports that children with autism spectrum disorder (ASD) may not be receiving needed speech and language services, and that speech-language pathologists and other appropriate professionals may not be included in evaluation and eligibility determinations under the Individuals with Disabilities Education Act (IDEA), Part B, or in meetings to develop the individualized education program (IEP) or individualized family service plan (IFSP) under both Parts B and C of IDEA.
July 6, 2015
PDF (93KB)


OSEP Memo 15-08 Letter to Delisle: Children with Disabilities with High Cognition
This memorandum draws attention to the Office of Special Education Programs' (OSEP) December 20, 2013 letter to Dr. Jim Delisle regarding determining eligibility for special education and related services under the Individuals with Disabilities Education Act (IDEA) for children with disabilities with high cognition; students who Dr. Delisle terms “twice exceptional students” or “2E students.”
April 17, 2015
PDF (108KB)


OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint
This letter provides guidance that states, hearing officers, school districts, school staff, parents, and other stakeholders may find helpful in determining how to follow the Individuals with Disabilities Education Act (IDEA) dispute resolution procedures.
April 15, 2015.
PDF (60KB)


OSEP Dear Colleague Letter on the Individuals with Disabilities Education Act for Students with Disabilities in Correctional Facilities
Clarifying state and public agency obligations under the Individuals with Disabilities Education Act (IDEA) to ensure the provision of a free and appropriate public education to eligible students with disabilities in correctional facilities.
December 5, 2014
PDF (521KB)


OSEP Dear Colleague Letter on Meeting the Communication Needs of Students with Hearing, Vision, or Speech Disabilities
This letter introduces an FAQ that explains the responsibility of public schools to ensure that communication with students with hearing, vision, or speech disabilities is as effective as communication with all other students.
November 12, 2014

Dear Colleague Letter
PDF (60KB)

Fact Sheet
PDF (69KB)

Frequently Asked Questions
PDF (69KB)


OSEP Letter to Chief State School Officers (CSSO) on School Lunch Program
June 11, 2014
PDF (69KB)


OSEP Dear Colleague Letter to Chief State School Officer (CSSO) on Local Educational Agency (LEA) Maintenance of Effort (MOE) (RESCINDED)
March 13, 2014
MS Word (135KB) | PDF (69KB)


OSEP Dear Colleague Letter on Bullying
Aug. 20, 2013
MS Word (128KB) | PDF (1.4MB)

Enclosure:
MS Word (101KB) | PDF (99KB)


OSEP Memo and Q&A on Dispute Resolution
July 23, 2013
MS Word (411KB) | PDF (436KB)


OSEP Dear Colleague Letter on Education for Highly Mobile Children
July 19, 2013
MS Word (219KB) | PDF (292KB)


OSEP Dear Colleague Letter on Braille
June 19, 2013
MS Word (219KB) | PDF (292KB)


OSEP Dear Colleague Letter on Model Notice, Public Insurance
June 11, 2013
MS Word (240KB) | PDF (263KB)


OSEP Dear Colleague Letter on Updated National Instructional Materials Accessibility Standard (NIMAS) Guidelines
June 22, 2012
MS Word (45KB) | PDF (492KB)


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


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


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


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


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


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


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


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


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


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


Policy Letters
 

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 [email protected].

 

(Chronological listing)

 2021

May 12, 2021 Letter to Tymeson
TOPICS: —<!--Topic-->
PDF (293KB)
Addresses requirements related to the provision of physical education, including adapted physical education (APE), to children with disabilities under IDEA, including personnel qualifications and licensure to provide specially designed physical education.


 2020

June 9, 2020 Letter to State Directors
TOPICS: —<!--Assessments-->
PDF (293KB)
Addresses requirements related to the provision of physical education, including adapted physical education (APE), to children with disabilities under IDEA, including personnel qualifications and licensure to provide specially designed physical education.


June 8, 2020 Letter to Anonymous
TOPICS: Use of Funds
PDF (420KB)
Addresses the use of Individuals with Disabilities Education Act (IDEA) Part B funds to pay hearing officers to conduct due process hearings under IDEA.


 2019

November 22, 2018 Letter to Breeskin
TOPICS: Educational Placements
PDF (369KB)
Addresses the role of parents in determining the educational placement of a child with a disability, including how far from home the child will be educated.


October 23, 2019 Letter to Anonymous
TOPICS: Free Appropriate Public Education (FAPE), State Complaints
PDF (271KB)
Addresses questions regarding the provision of compensatory education after a family relocates to a new state.


September 9, 2019 Letter to Anonymous
TOPICS: Individualized Education Program Team Meetings; Evaluations and Reevaluations
PDF (200KB)
Addresses questions regarding:

  1. the participation of children with disabilities in IEP Team Meetings and other meetings held to discuss the results of testing, the child’s evaluation or reevaluation, or the child’s identified disability category (particularly secondary transition-aged youth); and
  2. provision of assessment reports to meeting participants, including the parents, prior to the meeting at which the assessment results will be discussed.

September 9, 2019 Letter to Rowland
TOPICS: Individualized Education Programs; Educational Placements
PDF (184KB)
Addresses a series of questions regarding the development of IEPs of children placed in certain preschool programs, including whether a public agency may restrict the provision of a specific related service based solely on the child’s placement in a particular program.


July 3, 2019 Letter to Zirkel
TOPIC: State Complaints
PDF (247KB)
Addresses a series of questions regarding a state educational agency’s (SEA’s) complaint procedures process, in particular, about enforcement actions and resolution of state complaints.


May 13, 2019 Letter to Zirkel
TOPICS: State Complaints, Due Process Hearings
PDF (194KB)
Addresses a series of questions regarding the implementation of the Individuals with Disabilities Education Act (IDEA) state complaint and due process hearing procedures.


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; 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)

Top

 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)


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. These letters are indexed in the Section 607 Reports.

Topic Index of OSEP Policy Documents

OSEP also maintains a Topic Index of OSEP policy documents.