USED & White House
ED Releases Guidance on Inclusive Practices Under IDEA and ESEA

The U.S. Department of Education’s (ED’s) Offices of Elementary and Secondary Education and Special Education Programs published joint guidance late last week on inclusive educational practices for students with disabilities.  According to ED, the guidance aims to ensure that schools are focusing on providing students with disabilities the support they need to achieve the challenging State academic standards required under the Elementary and Secondary Education Act (ESEA) but in general education settings to the extent possible.

 

The guidance highlights where funds under ESEA can be used to support students with disabilities in achieving State academic standards through inclusive practices and how Individuals with Disabilities Education Act (IDEA) funds can be coordinated with ESEA funding.  For example, the guidance notes that States may use a portion of their IDEA State-level activities funds to provide the services allowable under ESEA Sec. 1003A to students with disabilities in schools identified for comprehensive support and improvement or targeted support and improvement. 

 

The guidance also encourages States and districts to rely on available tools in making decisions about inclusive practices, including the ESEA-required annual State and local report cards, and notes that in implementing ESEA Title I, Part A programs, funds can be used to support students with disabilities under both schoolwide and targeted assistance programs.  If consolidating IDEA funds in a schoolwide program, however, the funds are subject to certain requirements that other consolidated program funds are not, including still tracking IDEA funds as federal funds for excess cost and maintenance of effort requirements and ensuring that students with disabilities are still provided all services in alignment with their individualized education program.  ED outlines examples of allowable inclusive practices that can be funded in a schoolwide program, such as expanded learning time, school climate interventions, the multi-tiered system of supports model, and others.

 

The guidance discusses how schools can use ESEA Title II, Part A funds as well to support inclusive educational practices, which may include professional development to improve teachers’ ability to teach students with disabilities, reducing class size, recruitment and retention of effective teachers, and other allowable Title II-A activities.  In addition, ED includes a discussion on the use of ESEA Title IV-A funds, noting that students with disabilities can benefit from those allowable activities and that schools have discretion in determining how to use funds to best meet their student population’s needs.

 

Finally, the guidance outlines a number of “guiding principles for implementing inclusive education practices,” such as enhancing community partnerships and encouraging leaders to create a culture for those types of practices and provides a number of technical assistance resources for States, districts, and schools.

 

The guidance on inclusive educational practices is here, and an accompanying “Dear Colleague” letter is here.

About the Author

Kelly Christiansen is a Senior Legislative Analyst with the Washington, DC law firm of The Bruman Group, PLLC. Established in 1980, the Firm is nationally recognized for its federal education regulatory and legislative practice, providing legal advice regarding compliance with all major federal education programs as well as the federal grants management requirements, including the Education Department General Administrative Regulations (EDGAR). In addition, they work with agencies on federal spending flexibility, allowability, policies and procedures, audit defense and resolution and legislative updates. The Firm provides government relations services for the National Association of State Program Administrators (NAESPA).