On October 20, 2017, the Office of Special Education and Rehabilitative Services (OSERS) issued a statement regarding the 72 policy documents they chose to rescind as part of regulatory reforms.

OSERS deemed these policy documents, also known as guidance letters, as being “outdated, unnecessary or ineffective”.

The statement said that 63 of the guidance documents rescinded are from the Office of Special Education Programs (OSEP) and nine from the Rehabilitation Services Administration (RSA).

Before being rescinded, these guidance letters served as outlines for special education standards and how schools should apply the law.

The letters ranged from guidance on child advocacy, how to use special education funds and rights for disabled students. One guidance letter, “OSEP Dear Colleague Letter: Preschool Least Restrictive Environment (LRE)” was rescinded because it was superseded by a 2016 Dear Colleague Letter. Among reasons for other letters being rescinded are that they were considered “no longer needed”, outdated or unnecessary. Access all 72 policy documents rescinded here.

The attorneys at the Kennedy Hunt, P.C. are experts in education law, especially in representing students with disabilities. If you believe you or someone you know has had their educational rights violated, contact our experienced attorneys.

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