The Learning Disabilities Association of America (LDA) has been monitoring the government shut-down and the recent reports that nearly all staff at the Office of Special Education Programs (OSEP) have been notified of termination. This is deeply troubling for the millions of children with learning disabilities who depend on the programs, protections, and oversight that OSEP provides.
OSEP is the federal agency responsible for ensuring that the Individuals with Disabilities Education Act (IDEA) is carried out fairly and effectively across the country. In 1979, the Bureau of Education for the Handicapped (BEH) was reorganized as OSEP under the umbrella of the Office of Special Education and Rehabilitative Services (OSERS); part of the newly created United States Department of Education. The formation of OSEP was the direct result of the advocacy efforts of disability rights organizations, professional organizations and parent voices which included members of LDA.
To this day, OSEP’s work helps to guarantee that students with learning and other disabilities receive individualized instruction, specialized services, and the supports they need to thrive in school by managing federal funding to states and districts, compliance and accountability monitoring, and developing policy guidance. OSEP also funds research to improve educational practices for students with disabilities, training for teachers, and family support centers— all vital to making sure no child is left behind because of their learning needs.
OSEP guidance is often the backbone of special education litigation — it clarifies how federal law should be applied in real-world situations. Courts frequently look to OSEP interpretations to understand the intent and implementation of IDEA. Citing OSEP guidance can be essential in demonstrating both compliance and violations under the law.
If OSEP’s workforce is eliminated, the ripple effects would be profound: schools could lose access to crucial federal guidance, states could struggle to meet their legal obligations, and families would have fewer places to turn for help navigating special education. Students with learning and other disabilities already face many barriers to receiving the education and support they need and are entitled to under the law. OSEP guidance letters and “best practice” resources assist educators as they work to remove those barriers and improve educational outcomes for students with disabilities. The elimination of the cadre of experts at OSEP and the information and resources they create, will result in greater inequities in classrooms nationwide and will be a major blow to ensuring all students with disabilities receive the free appropriate public education (FAPE) mandated by the IDEA.
Now is the time for collaboration. LDA stands ready to work alongside Congress, the Administration, educators, and families to fulfill OSEP’s mission “to improve outcomes for children with disabilities… and their families”, and ensure “access to fair, equitable, and high-quality education and services”. LDA will continue to advocate for accountability and federal oversight of IDEA compliance and the protection of the hard-fought rights of students with learning and other disabilities.
More than 60 national organizations, including LDA, are calling for a Senate Oversight Hearing due to troubling actions that have not been approved by Congress and create immediate risks of harm to every individual with a disability. Tell the US Senate to protect children with disabilities and the IDEA.
Visit: https://copaa.salsalabs.org/protectchildrenideareinstateeducationemployees/index.html
The Learning Disabilities Association of America (LDA) is a membership-based, non-profit organization of parents, educators, adults with LD, professionals, and academic researchers with 30 state affiliates and members in every state and territory. Established in 1963 as a grassroots movement, LDA’s mission is to create opportunities for success for all individuals affected by learning disabilities through support, education, and advocacy. For more information, go to www.ldaamerica.org.
