Updated USDE/OSEP Guidance Interpreting the General Supervision Requirements of States Under the Individuals with Disabilities Education Act

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The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) has received multiple requests from a diverse group of stakeholders for updated and consolidated guidance interpreting the general supervision requirements of States under the Individuals with Disabilities Education Act (IDEA). While the Federal government provides grants to States under IDEA to administer the law, the responsibility of implementing IDEA lies with States. The guidance provided herein is intended to provide States with accessible and actionable information necessary to exercise their general supervision responsibilities to ensure that all children with disabilities have available to them a free, appropriate public education (FAPE) that provides special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; and that the rights of children with disabilities and their parents are protected. The guidance is in a Q & A format, and sets forth the USDE/OSEP’s interpretation of, and expectations for, SEAs with respect to all aspects of their monitoring and oversight of LEAs (School districts).  Likewise, this guidance provides States with information to support the implementation of a Statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families. Ensuring FAPE and providing access to early intervention services are foundational to meeting the purposes of IDEA to improve educational results and functional outcomes for all children with disabilities and to enhance the access to developmental opportunities for infants and toddlers with disabilities. See Dear Colleague letter here. See State’s General Supervision Responsibilities Under Parts B and C of the IDEA here.