Category Archives: Memos

OSEP Memos provide information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act (IDEA).

OSEP Memo 16-07—Response to Intervention (RTI) and Preschool Services

MEMORANDUM TO: State Directors of Special Education, Preschool/619 State Coordinators, Head Start Directors FROM: Ruth E. Ryder Acting Director Office of Special Education Programs SUBJECT: A Response to Intervention Process Cannot Be Used to Delay-Deny an Evaluation for Preschool Special Education Services under the Individuals with Disabilities Education Act It has been brought to the attention of the Office of Special Education Programs (OSEP) that some local educational agencies (LEAs) may be using Response to Intervention (RTI) strategies to delay or deny a timely initial evaluation for preschool children suspected of having a disability. … Read the rest

OSEP Memo 15-10 Local Educational Agency (LEA) Maintenance of Effort (MOE) Questions and Answers

MEMORANDUM TO: Chief State School Officers State Directors of Special Education FROM: Melody Musgrove, Ed.D. Director Office of Special Education Programs (OSEP) SUBJECT: Issuance of Guidance on the Final Local Educational Agency (LEA) Maintenance of Effort (MOE) Regulations under Part B of the Individuals with Disabilities Education Act (IDEA) The purpose of this Memorandum is to provide a question and answer (Q&A) document on the final LEA MOE regulations that were published in the Federal Register on April 28, 2015.1 These regulations became effective on July 1, 2015. … Read the rest

OSEP Memo 15-08 Letter to Delisle: Children with disabilities with high cognition

TO: State Directors of Special Education FROM: Melody Musgrove, Ed.D. /s/ Director Office of Special Education Programs SUBJECT: Letter to Delisle: Children with disabilities with high cognition I am writing to draw your attention to the Office of Special Education Programs’ (OSEP) December 20, 2013 letter to Dr. Jim Delisle (Letter to Delisle) regarding determining eligibility for special education and related services under the Individuals with Disabilities Education Act (IDEA) for children with disabilities with high cognition; students who Dr. … Read the rest

OSEP Memo and Q&A on Dispute Resolution

United States Department of Education Office of Special Education And Rehabilitative Services July 23, 2013 Contact Person: Gregg Corr Telephone: 202-245-7309 OSEP MEMO 13-08 MEMORANDUM TO: Chief State School Officers State Directors of Special Education   FROM: Melody Musgrove, Ed.D. Director Office of Special Education Programs SUBJECT: Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B) The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR §300.506), State complaint procedures (34 CFR §§300.151-300.153), and due process procedures (34 CFR §§300.507-300.516 and 300.532-300.533). … Read the rest

OSEP Memo 11-07 Response to Intervention (RTI) Memo

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES January 21, 2011
Contact Persons:
Name: Ruth Ryder
Telephone: 202-245-7513
Name: Deborah Morrow
Telephone: 202-245-7456
OSEP 11- 07
MEMORANDUM TO: State Directors of Special Education FROM: Melody Musgrove, Ed.D. Director Office of Special Education Programs SUBJECT: A Response to Intervention (RTI) Process Cannot Be Used to Delay-Deny an Evaluation for Eligibility under the Individuals with Disabilities Education Act (IDEA) The provisions related to child find in section 612(a)(3) of the Individuals with Disabilities Education Act (IDEA), require that a State have in effect policies and procedures to ensure that the State identifies, locates and evaluates all children with disabilities residing in the State, including children with disabilities who are homeless or are wards of the State, and children with disabilities attending private schools, regardless of the severity of their disability, and who are in need of special education and related services. … Read the rest

OSEP Memo 11-06 American Recovery and Reinvestment Act (ARRA) Monitoring Announcement Memo

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES Dec 6, 2010

Contact Persons

Name: Rebecca Walawender Telephone: 202.245.7399

OSEP 11-06

MEMORANDUM TO: Chief State School Officers and Lead Agency Directors FROM: Melody Musgrove, Ed.D. Director Office of Special Education Programs (OSEP) SUBJECT: Notification of new OSEP monitoring activities of funds provided through the Individuals with Disabilities Education Act (IDEA) under the American Recovery and Reinvestment Act of 2009 (ARRA) The American Recovery and Reinvestment Act of 2009 (ARRA) provided an unprecedented amount of funds to save and create jobs and stimulate the economy. … Read the rest

OSEP Memo 10-05 Maintenance of State Financial Support under the Individuals with Disabilities Education Act

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES DEC – 2 2009 Contact Persons Name: Ruth Ryder Telephone: 202-245-7513 Name: Deborah Morrow Telephone: 202-245-7456 OSEP 10-5 MEMORANDUM TO: Chief State School Officers
State Directors of Special Education FROM: Alexa Posny
Acting Director
Office of Special Education Programs SUBJECT: Maintenance of State Financial Support under the
Individuals with Disabilities Education Act Since the Office of Special Education Programs (OSEP) began focusing on the fiscal requirements of the Individuals with Disabilities Education Act (IDEA) in 2007, the heightened scrutiny has given rise to requests for clarification of several of those provisions. … Read the rest

OSEP Memo 09-02 Reporting on Correction of Noncompliance

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES October 17, 2008
Contact Person Name: Ruth Ryder Telephone: (202) 245-7513
OSEP 09-02
TO : Chief State School Officers Lead Agency Directors FROM : William W. Knudsen Acting Director Office of Special Education Programs SUBJECT : Reporting on Correction of Noncompliance in the Annual Performance Report Required under Sections 616 and 642 of the Individuals with Disabilities Education Act. … Read the rest

OSEP Memo 08-09 Coordinated Early Intervening Services

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES July 28, 2008

Contact Persons

Name: Ruth Ryder- OSEP Telephone: (202)245-7513

OSEP 08- 09

Purpose of Guidance The Office of Special Education Programs issues this guidance to provide States with information regarding the use of funds provided under Part B of the Individuals with Disabilities Education Act by local educational agencies (LEAs) to develop and implement coordinated early intervening services (CEIS) for students who are currently not identified as needing special education. … Read the rest

OSEP Memo 07-10 Interpretation of 34 CFR §300.154(d)(2)(iv)(A)

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES May 3, 2007 MEMORANDUM Contact Persons Name: Telephone: Name: Telephone: Ruth Ryder (202)245-7513 Deborah Morrow (202)245-7456 OSEP 07 – 10 TO: State Directors of Special Education FROM: Alexa Posny, Ph.D. Director Office of Special Education Programs SUBJECT: Interpretation of 34 CFR §300.154(d)(2)(iv)(A) The Office of Special Education Programs (OSEP) has received many requests for clarification regarding interpretation of the requirement at 34 CFR §300.154(d)(2)(iv)(A) of the final Part B regulations implementing the Individuals with Disabilities Education Act of 2004 (IDEA). … Read the rest