Education – Department of Education Rescinds Numerous IDEA Guidance Documents

On October 20, the Department of Education’s Office of Special Education and Rehabilitative Services (OSERS) announced in a newsletter that guidance documents have been rescinded.  “At this time, OSERS has a total of 72 guidance documents that have been rescinded due to being outdated, unnecessary, or ineffective-63 from the Office of Special Education Programs (OSEP) and 9 from the Rehabilitation Services Administration (RSA).”  This announcement follows President Trump’s Executive Order 13777, intended “to alleviate unnecessary regulatory burdens” on the American people.  The Executive Order issued in February listed six criteria for making determinations on guidances, including those that “eliminate jobs, or inhibit job creation” and “impose costs that exceed benefits.”  The October 20 announcement only refers to documents which meet one of the six criteria, leaving open the door for further rescissions.  The Arc and education coalition partners are reviewing the rescinded documents to determine the potential impact on students with disabilities and their families.  A preliminary review indicates that the rescinded documents clarify existing regulations pertaining the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act, such as Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools.  The Arc is concerned about the lack of transparency in this process as no justifications were provided and no additional information is available on the Department’s website.  See the list of rescinded documents here.

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