The 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.

Significant Policy Guidance Documents
Under Executive Order #13422

Creating Equitable Opportunities for Children and Youth with Disabilities to Access Physical Education and Extracurricular Athletics.
A report by the United States Government Accountability Office (GAO-10-519) revealed that, despite legislation obligating states and schools to provide equal access, opportunities for physical activity are limited for children and youth with disabilities (GAO, 2010). This document is the initial response to the GAO recommendation that “the Secretary of Education facilitate information sharing among states and schools on ways to provide opportunities in [physical education] PE and extracurricular athletics to students with disabilities.” The purposes of this document are to disseminate information on improving opportunities for children and youth to access PE and athletics and to refer the reader to sources of additional information regarding the inclusion of children and youth with disabilities in PE and athletic extracurricular activities. The Office for Civil Rights in the U.S. Department of Education will be providing separate and additional guidance on the legal aspects of the provision of extracurricular athletic opportunities to students with disabilities to comply with the second recommendation by the GAO to the Department in its report.
MS Word (134KB) | PDF (376KB)

Part B IDEA Maintenance of Effort Guidance for States on the Education Jobs Fund Program.
The Education Jobs Fund program (Ed Jobs) provides $10 billion to states to save or create education jobs for school year (SY) 2010–2011, in particular, by supporting positions that state or local funds would have ordinarily funded. This U.S. Department of Education guidance describes how states and local educational agencies local education agencies (LEAs) may treat Ed Jobs funds for the purpose of meeting the requirements in Part B of the IDEA to maintain fiscal effort. Part B of the IDEA includes two maintenance of effort (MOE) requirements—one applicable to states (section 612(a)(18) of the IDEA, and 34 CFR §300.163), and one applicable to LEAs (section 613(a)(2)(A)(iii) of the IDEA, and 34 CFR §300.203).
MS Word (167KB) | PDF (376KB)

Questions and Answers on the National Instructional Materials Accessibility Standard (NIMAS).
OSERS issues this Q&A document to provide states, state educational agencies (SEAs), local educational agencies (LEAs), and other interested parties with information to facilitate adoption of the NIMAS and coordination with the National Instructional Materials Access Center (NIMAC), a national repository for NIMAS files received from publishers, SEAs, and LEAs.
MS Word (229KB) | PDF (87KB)

Questions and Answers on Individualized Education Programs (IEPs), Evaluations, and Reevaluations.
OSERS issues this Q&A document to provide states, state educational agencies (SEAs), local educational agencies (LEAs), parents, and other stakeholders with information regarding the IDEA requirements relating to individualized education programs (IEPs), evaluations, and reevaluations.
MS Word (272KB) | PDF (148KB)

Guidance on Providing Services to Children with Disabilities During an H1N1 Outbreak.
OSERS is issuing this Q&A document to respond to questions that states, state educational agencies (SEAs), local educational agencies (LEAs), Bureau of Indian Education (BIE), BIE-funded schools, state lead agencies, and Early Intervening Services (EIS) programs and providers may have concerning the provision of special education and related services and early intervention services following child dismissal, school closure, or EIS program or provider closure due to an H1N1 outbreak.
MS Word (136KB) | PDF (56KB)

Guidance on Discipline Procedures.
This Q&A document provides parents, parent training and information centers, school personnel, state educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations and other interested parties with information on the needs, expressed by school administrators and teachers, for flexibility in order to balance school safety issues with the need to ensure that schools respond appropriately to a child's behavior that was caused by, or directly and substantially related to, the child's disability.
MS Word (136KB) | PDF (56KB)

Guidance on on Disproportionality.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on how states and LEAs can take steps to address disproportionate representation of racial/ethnic groups in special education.
MS Word (93KB) | PDF (23KB)

Guidance on Homeless Children with Disabilities.
This Q&A document provides state and local educational officials, early intervention services providers and homeless assistance coordinators with information to assist with implementation of the requirements of the IDEA and the McKinney-Vento Homeless Assistance Act.
MS Word (136KB) | PDF (141KB)

Guidance on Monitoring, Technical Assistance and Enforcement.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on significant changes related to monitoring that place an emphasis on improving educational results and functional outcomes for children with disabilities by focusing monitoring activities in certain priority areas and measuring performance using quantifiable and qualitative indicators.
MS Word (139KB) | PDF (46KB)

Guidance on Procedural Safeguards and Due Process Procedures for Parents and Children with Disabilities.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on several changes in the IDEA Part B regulations regarding the procedures states must adopt for resolving written complaints filed with the SEA.
MS Word (134KB) | PDF (61KB)

Guidance on Secondary Transition.
This Q&A document provides parents, parent training and information centers, school personnel, SEAs, LEAs, advocacy organizations and other interested parties with information on regulations that address transition services for children with disabilities. Transition services may be designed to facilitate a student's movement to post-school activities, including postsecondary education, and integrated employment.
MS Word (103KB) | PDF (29KB)

OSEP Memos, Dear Colleague Letters and Policy Letters

OSEP Policy-related Publications and Letters
(Under Section 607 of the IDEA)

Other Policy-related Publications and Products

Process and Criteria Used to Evaluate a Request by States to Waive Maintenance of Effort (MOE) Requirements under Part B of the Individuals with Disabilities Education Act (IDEA)
During the past two years, we have seen an unprecedented federal investment in special education—more than $25 billion from the regular FY 2009 and 2010 Education Department appropriations and another $12.2 billion under the American Recovery and Reinvestment Act (ARRA). At the same time, we recognize that the falloff in state revenues has caused hardships for many states. With this in mind, we have received questions about the process and criteria used to evaluate a request by states to waive Maintenance of Effort (MOE) requirements under Part B of the Individuals with Disabilities Education Act (IDEA). Based on the statutory language, and in light of the potential impact of a waiver on the education of students with disabilities, the department grants such waivers only when a state demonstrates that it has experienced “exceptional or uncontrollable circumstances.”
Word (176KB) | PDF (50KB)

Coordinated Early Intervening Services (CEIS) Under Part B of the Individuals with Disabilities Education Act (IDEA)
OSEP issued this guidance to provide states with information regarding the use of funds provided under Part B of the Individuals with Disabilities Education Act by local educational agencies (LEAs) to develop and implement coordinated early intervening services (CEIS) for students who are currently not identified as needing special education.

IDEA 2004 Resources

IDEA 1997 Resources

Ley de Educación para Personas con Impedimentos -- Reglamento Final

No Child Left Behind (NCLB) Legislation, Regulations and Guidance

Secretary's "Tool Kit" Provides Guidance on Assessing Students with Disabilities.

Other OSEP Publications