Increasing the dialogue among stakeholders in New Jersey’s special education system

The U.S. Department of Education (USDOE) plays an important role in special education. It helps to ensure that students with disabilities get an appropriate and equitable education. Through its Office of Special Education Programs (OSEP) and its work with other federal agencies, the USDOE oversees regulatory development, enforcement, funding distribution, promotion of best practices, and civil rights protections. This helps guarantee that students with disabilities have access to the resources and support they need to succeed.

Regulatory Oversight and Compliance

One of the USDOE’s key roles is to create and enforce regulations (rules) under the Individuals with Disabilities Education Act (IDEA). IDEA is the federal law that mandates all public schools to provide a Free Appropriate Public Education (FAPE) to students with disabilities. The USDOE’s Office of Special Education Programs (OSEP) issues regulations and guidance that school districts must follow to meet IDEA requirements. These regulations govern everything from the development of Individualized Education Programs (IEPs) to the provision of necessary services like therapies, assistive technology, and behavioral interventions.

Enforcement of Special Education Laws

The USDOE also monitors and enforces special education laws. Through OSEP, the Department conducts valuations and audits of state education agencies to make sure that they are following IDEA and providing appropriate services to students with disabilities. When they find violations, the USDOE can take corrective action. They can tell states to improve their services or withhold federal funding. (See Enforcing IDEA).

Funding Allocation

The USDOE is the main source of federal funding for special education. It distributes billions of dollars every year to state education agencies. The USDOE sets strict guidelines on how these funds must be used to make sure they go toward services that improve educational outcomes for students with disabilities. This funding helps cover the costs of specialized staff, assistive technology, accessible facilities, and tailored instructional materials. (See Federal Funding and the “Strings” Attached to It)

Promotion of Best Practices

The USDOE promotes best practices in special education through research, professional development, and the dissemination of resources. The Department works with educators, researchers, and other stakeholders to identify evidence-based strategies for effective instruction, behavior management, and inclusive practices. OSEP funds research initiatives and collaborates with states and districts to share successful programs that help students with disabilities thrive in general education settings and beyond.

Office for Civil Rights (OCR)

The USDOE’s Office for Civil Rights (OCR) plays an essential role in ensuring that students with disabilities are not discriminated against. OCR enforces laws such as Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which prohibit discrimination based on disability. These laws ensure that students have equal access to educational opportunities, including extracurricular activities and school facilities. OCR investigates complaints of discrimination and ensures that schools take appropriate steps to eliminate barriers to education for students with disabilities.