Rescinding of Federal Guidance Regarding IDEA

Washington Office of Superintendent of Public Instruction sent this bulletin at 10/25/2017 10:45 AM PDT

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Rescinding of Federal Guidance Regarding IDEA

Sent on Behalf of Glenna Gallo, M.S., MB.B.A., Assistant Superintendent of Special Education

The Office of Superintendent of Public Instruction (OSPI) supports the needs of district staff and families regarding the educational needs of students eligible for special education services. These efforts are required by law under the Individuals with Disabilities Education Act (IDEA) and State statutes and administrative codes and ensure that the rights of students and their parents are protected, and that students have available a free and appropriate public education (FAPE).

On Friday, October 20, 2017, the U.S. Department of Education reported that it had rescinded 72 documents previously used to clarify special education laws and policies under the IDEA and the Rehabilitation Act of 1972. The manner of the announcement, and the limited information provided at that time from the U.S. Department of Education resulted in uncertainty in the disability community and concern regarding the potential impact on students.

Staff at OSPI have reviewed the listing of rescinded documents, as well as those documents available online. We are confident that the guidance documents were out-of-date or were no longer applicable or had been replaced with newer guidance. No regulations under IDEA were rescinded, and there were no changes to any federal or state laws. The rescinding of these documents will not impact services or regulations that support the education of students with disabilities in Washington State, nor does it demonstrate any change in OSPI policy or provision of technical assistance. We will continue, as you will, to work on behalf all Washington state students.

EVERY STUDENT READY FOR CAREER, COLLEGE, AND LIFE
Led by State Superintendent Chris Reykdal, OSPI oversees K-12 public education in Washington state. Our mission is to provide funding, resources, tools, data and technical assistance that enable educators to ensure students succeed in our public schools, are prepared to access post-secondary training and education, and are equipped to thrive in their careers and lives.

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OSPI provides equal access to all programs and services without discrimination based on sex, race, creed, religion, color, national origin, age, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal by a person with a disability. Questions and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director, P.O. Box 47200, Olympia, WA 98504-7200, 360-725-6162 (TTY: 360-664-3631), equity@k12.wa.us.