IDEA Noncompliance Prompts ED to Issue Letter and Guidance

In a dear colleague letter sent on October 5, the Department of Education (ED) Office of Special Education Programs (OSEP), and the Department of Health and Human Services' Office of Head Start (OHS) reemphasized that all parties have responsibilities to fulfill the requirements of the Individuals with Disabilities Education Act (IDEA). The letter summarizes the IDEA Part B requirements, prompted by quantitative data collected by OSEP and OHS. Their data show that initial child evaluations to determine eligibility are being delayed; implementation of IEP plans are being delayed or not being fully implemented; and placement decisions are not being made in accordance with IDEA requirements. The letter also states, “OSEP and OHS strongly encourage SEAs, LEAs, and Head Start programs to prioritize building and maintaining collaborative relationships to ensure that young children with disabilities eligible under IDEA Part B and enrolled in Head Start programs receive FAPE in the LRE.” The letter also stresses that collaborative relationships are challenging during contexts such as the pandemic, and thus must be created more intentionally “to ensure effective communication and coordination, particularly when programs have differing policies and procedures.” Embedded in the letter is a link to a document, entitled  Guidance on Creating an Effective Memorandum of Understanding to Support High Quality Inclusive Early Childhood Systems (2022), that provides guidance for formalizing effective working partnerships.

Read the letter here.