Education – Department of Education Rescinds Additional Non-Regulatory Guidance Documents

On October 27, the Department of Education announced the “withdrawal of nearly 600 out-of-date pieces of sub-regulatory guidance on its books” to date. “Each item has been either superseded by current law or is no longer in effect. Removing these out-of-date materials will make it easier for schools, educators, parents and the public to understand what guidance is still in effect.” A very preliminary review of rescinded documents indicates that the documents are outdated, however, disability advocates will continue to review the rescinded documents.

This announcement follows the Oct. 19 announcement of the rescission of 72 guidance documents under the Office of Special Education and Rehabilitation Services (OSERS) that were rescinded due to being “outdated, unnecessary, or ineffective” with no explanation provided. The Department followed up a few days later with a document that included brief justifications. A preliminary review also indicates that these rescissions appear to be valid. The Department’s Regulatory Reform Task Force’s full report and a list of out-of-date sub-regulatory guidance by office is available here.

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