Home > Topics > OSERS, OSEP, OCR Directory of Guidance Publications

U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) develops and implements policy and legislation that directly impact individuals with disabilities and their families. OSERS also plays a critical role in monitoring these laws and regulations and to improving results and outcomes for people with disabilities of all ages.

U.S. Department of Education, Office of Special Education Programs (OSEP) assists states with implementation of the Individuals with Disabilities Education Act (IDEA). As part of its mission, OSEP is charged with developing, communicating and disseminating federal policy on early intervention services to infants and toddlers with disabilities and on the provision of special education and related services for children with disabilities. OSEP Policy Letters provide information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act (IDEA).

U.S. Department of Education, Office for Civil Rights (OCR) ensures equal access to education and promotes educational excellence through vigorous enforcement of civil rights in our nation’s schools. .

U.S. Department of Justice, Civil Rights Division (CRD) upholds the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin. The Educational Opportunities Section represents the Department of Education in lawsuits and may intervene in other suits alleging violations of education-related anti-discrimination statutes. The Section also .. XXXX Sometimes issued concurrently---increased impact XXXXX

OSERS

US DOE OSERS Dear Colleague Letter, 01/09/17 Preschool LRE. Guidance about the least restrictive environment (LRE) requirements in section 612(a)(5) of IDEA that a fully applicable to the placement of preschool children with disabilities. This DCL supersedes the 2012 OSEP DCL and includes additional information on the reporting of educational environments data for preschool children with disabilities and the use of IDEA Part B funds to provide special education and related services to preschool children with disabilities.

Letter to Anonymous (03/03/2016) IEP Development and Implementation, No Requirement for Physician's Prescription for Related Services

February 2016 Letter to Andel (02/17/2016) IEP Team Attendance by Parent Attorney. There is nothing in the IDEA or its implementing regulations that would permit the public agency to conduct the IEP meeting on the condition that the parent’s attorney not participate, and to do so would interfere with the parent’s right under 34 CFR §§300.321(a) and 300.322(a).

https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/15-017791-il-andel-iepteam-acc.pdf

SAME AS BELOW

OSEP Letter to Hayes, (03/03/2016) no unilateral state change to IEP, meeting required in 30 days after determination of eligibility, state should not redact names of HO, no physician's prescription required for related services.

OSERS Guidance Document (08/2011) on ways to increase equal opportunities for children with disabilities to participate in physical education and athletic activities

OSEP

Letter to Goodman (08/23/16) Children with Disabilities Placed in Private Schools by their Parents

Letter to Zirkel (08/22/2016) RTI Cannot Deny-Delay Evaluations

Dear Colleague Letter (08/01/2016) Ensuring Equity and Providing Behavioral Supports to Students with Disabilities

Dear Colleague Letter (07/26/2016) Clarification and guidance on the Federal obligations of school districts to students with attention-deficit/hyperactivity disorder under Section 504.

OSEP Memo 160-07 (04/29/2016) RTI Cannot Be Used to Delay-Deny an Evaluation for Preschool Special Education Services

OSEP Letter to Blodgett (11/12/2014) Reevaluation before terminating special ed. (see blog post) (saved on wrightslaw)

Letter to State Director of Special Education (OSEP 2013). Transfering schools during the summer? What about ESY (page 4) When kids transfer to a new school during the summer, OSEP says the new school district generally must provide ESY services as comparable services to a transfer student whose IEP from the previous district contains those services, and may not refuse to provide ESY services to a child merely because the services would be provided during the summer.

2008 - OLD LETTER about PWN good info. OSERS Letter to Lieberman, August 15, 2008. Requirements for Prior Written Notice

Question from FB was: If the district is reviewing a request and has not given an answer, documents as such on the IEP notes, but checks the box on the PWN page nothing else was considered what would you do?

They have to document that on PWN not just in notes, right? But, technically they have not refused it yet.

..

2016

December 2016 December 12, 2016 The U.S. Department of Education Office for Civil Rights to assist States, districts, and schools (including magnet and charter schools), issued Guidance in recognizing, redressing, and preventing racial discrimination in special education in violation of the Federal civil rights laws. This Guidance explains the Title VI requirement that students of all races, colors, and national origins have equitable access to general education interventions and to a timely referral for an evaluation under the IDEA or Section 504 and requires students of all races and national origins to be treated equitably in the evaluation process, in the quality of special education services and supports they receive, and in the degree of restrictiveness of their educational environment.

OSEP Dear Colleague letter (12/28/2016) about the legal limitations on use of restraint or seclusion to assist school districts in meeting their obligations to students with disabilities.

OCR and the Office of Special Education and Rehabilitative Services (OSERS) joint Dear Colleague Letter (12/28/2016) to update educators, parents, students, and other stakeholders to better understand the rights of students with disabilities in public charter schools under Section 504 and IDEA.

2015