New guidance from the US Department of Education warns that children suspected of having disabilities are waiting too long for evaluations, and special education services are not being fully implemented in accordance with the Individuals with Disabilities Education Act.
In a joint letter, the U.S. Department of Education’s Office of Special Education Programs and the Department of Health and Human Services’ Office of Head Start are calling out state and local special education directors and Head Start programs for problems that they say have escalated since the COVID-19 pandemic.
Through the joint memo, OSEP and OHS emphasize that, notwithstanding the challenges, children with disabilities retain their rights under IDEA to receive appropriate special education and related services in accordance with their individualized education programs (IEP).
Data show initial evaluations for special education are delayed, placement decisions aren’t meeting IDEA’s requirement that services be provided in the least restrictive environment, special education services are not being provided in a timely manner, and IEPs are not being fully implemented.
States must ensure that a free appropriate public education is available to all eligible students with disabilities while schools are responsible for identifying, locating and evaluating children who may have disabilities and serving those deemed eligible under IDEA in a timely fashion. Head Start programs should refer children, as appropriate, for evaluations and support the implementation of IEPs.
Federal officials have encouraged states, school districts and Head Start programs to be more intentional about working together to fulfill their obligations under IDEA.
Click here for a companion document issued alongside the “Dear Colleague” letter detailing how they can establish memorandums of understanding to do so.
