Back to News

More Federal School Guidance Documents Come off the Ledger

Published on

October 31, 2017

The federal government has wiped away a host of special education guidance documents created over the past 30 years that it deemed antiquated.

The U.S. Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) announced on October 20 that 72 special education guidance documents were rescinded for being “outdated, unnecessary or ineffective.” Secretary of Education Betsy Devos followed up with another announcement late last week that additional guidance documents issued by prior administrations are also being rescinded.

In June, the department issued request for public comment on regulations that may be appropriate for repeal, replacement or modification.

In response to criticism regarding the process for announcing these changes, the department has stressed that special education guidance documents rescinded will not compromise services provided to students with disabilities. The majority of the rescinded guidance were issued by the Office of Special Education Programs (OSEP) and the Rehabilitation Services Administration (RSA) in the 1990s and 2000s, and have more recently been revised or superseded by state and federal regulations.

The department also is considering delaying the “Equity in IDEA” rule proposed in February 2016 that would require states to establish a standard method to determine if school districts have disparities in how they identify, place or discipline minority students with disabilities.

While members of the disability rights community have voiced concerns over these recent actions, it is important to remember that the Individuals with Disabilities Education Act (IDEA) protects the substantive regulations, including parental consent to initiate evaluation or initial placement in special education, least restrictive environment and applicable timelines. The IDEA states that regulations “cannot be procedurally or substantively lessened without the clear and unequivocal intent of Congress in legislation.”

We will continue to monitor developments and provide additional updates as appropriate. If you have any additional questions, contact any of the attorneys in Barley Snyder’s Education Law Practice Group.

Related News

View More News
February 23, 2024

Barley Snyder 2023 Year In Review

Check out what the professionals of Barley Snyder have been up to in 2023 a...

Learn More
Press Release
January 25, 2024

Barley Snyder Managing Partner Jennifer Craighead Carey Appointed to Millersville University College of Arts, Humanities and Social Sciences’ Advisory Board 

For Immediate Release Lancaster, Pa. – Barley Snyder is pleased to announ...

Learn More
Press Release
January 22, 2024

Barley Snyder Partner Jeff Lobach Named to CPBJ Icon Honors List

For Immediate Release York, Pa. – Barley Snyder is pleased to announce Ce...

Learn More

Other Upcoming Events

View All Upcoming Events
12:00 pm
6:00 pm

LendiCon 2024

Learn More
8:00 am
5:00 pm

41st Annual Employment Law Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
Super Lawyers
Best Law Firms US News
Best Lawyers