To nurture the rights and support of children with disabilities, the U.S. Department of Education's Office of Special Education Programs (OSEP) issued updated policy guidance July 24 pertaining to the Individuals with Disabilities Education Act (IDEA).
This new policy guidance focuses on the "general supervision" requirement outlined in IDEA, which mandates states closely monitor local educational agencies (LEAs) and early intervention service (EIS) programs and providers. according to a Department of Education news release.
"I've experienced implementation of IDEA's general supervision requirements at the state and local level and recognize the need to fortify the policy guidance," Assistant Secretary for the Office of Special Education and Rehabilitation Glenna Wright-Gallo said in the release.
The ultimate objective is to ensure that children with disabilities receive the necessary assistance and resources as outlined in IDEA, the release reported.
Wright-Gallo spoke passionately about the significance of providing early intervention services and free appropriate public education to all children with disabilities, according to the release. She drew from her own experiences as a former special education teacher, administrator and state special education director.
"We must continue to raise the bar for all children," Wright-Gallo said in the release. "One vital component of this effort is to ensure children with disabilities, birth through age 21, receive early intervention services and free appropriate public education that meets their unique needs and prepares them for further education, employment and independent living."
The updated guidance from OSEP serves several crucial purposes, including providing states with accessible and actionable information to identify and address any noncompliance issues promptly, the release said. It seeks to safeguard the rights guaranteed to children with disabilities and their families under IDEA and reinforces consistent implementation of IDEA across different states.
To achieve these goals, OSEP has also clarified certain positions for state education administrators to effectively meet IDEA's general supervision requirements. Firstly, states must not overlook credible allegations of noncompliance reported outside their formal monitoring visit cycle, the release reported.
Additionally, each LEA or EIS program must be monitored at least once within a six-year cycle to ensure accountability and adherence to the law. States are expected to issue timely findings of noncompliance, typically within three months of identification, to address any issues promptly, according to the release.
Lastly, the correction of child-specific identified noncompliance must be verified individually, ensuring that each child's needs are adequately met, the release reported.
"This guidance underscores each state's general supervision responsibility to meet the purpose of IDEA and ensure that all school-age children, regardless of the nature or severity of their disability, can access FAPE in the least restrictive environment and that infants and toddlers with disabilities and their families receive appropriate early intervention services to the maximum extent appropriate," OSEP Director Valerie C. Williams said in the release.
