Dive Brief:

• The U.S. Department of Education’s latest evaluation of state implementation of the Individuals with Disabilities Education Act, which analyzes progress in 2014, found about half of states are not meeting special education requirements.
• According to the department’s two-part determination letters, 21 states now require enforcement action for being in the “needs assistance” category for two or more consecutive years based on their services for students ages three through 21, and the Bureau of Indian Education and the District of Columbia are at risk of losing funding for being in the “needs intervention” category for five and 10 consecutive years, respectively.
• With respect to serving students from birth to age three, 19 states have been in the “needs assistance” category for two or more consecutive years, and South Carolina has had that designation for six consecutive years — though no state in either category “needs substantial intervention.”

Dive Insight:

The Individuals with Disabilities Education Act was amended in 2004, requiring states to develop state performance plans and produce annual performance reports. Both for infants and school-aged children, states must measure child and family results as well as their own compliance with the IDEA. According to the Department of Education, the reports about 2015 will include progress toward a state-selected child or family outcome.

The passage of the Every Student Succeeds Act, which replaced No Child Left Behind, changes how students with special needs are treated when it comes to state exams. NCLB allowed districts to offer alternative assessments to 1% of the student body. ESSA allows states to administer the alternative assessment to 1% of its entire population of students. Some districts will be able to expect additional flexibility to surpass the 1% portion, provided other districts in the state balance them out.

Recommended Reading

U.S. Department of Education : 2016 Determination Letters on State Implementation of IDEA