The Education Department rescinded 72 policy documents. Here's why.

The Education Department phased out 72 policy guidance documents this month that clarified the rights of disabled students because the documents referred to outdated laws. Here's a list of the 72 documents and the department's explanation for why they were cut.

Office of Special Education and Rehabilitative Services

List of Guidance Documents Rescinded (Outdated, Unnecessary, or Ineffective)

October 2017
Program Title Date Issued Reason for Rescinding
Rehab. Act Transition Programs 8.: Services: High School/High Tech c9: Unnecessary. The High SchooliHigh
Vocational Rehabilitation. 7f23f2007 Tech program is no longer in
1M 07-08 existence.
Rehab. Act Factors State Vocational Rehabilitation Agencies Should Outdated Chan es in law
Consider When Determining Whether a Job Position Within a re ulations or IE ortin
Community Rehabilitation Program is Deemed 1121/2005 reqmrements resoltmg item the
Integrated Settmg for Purposes of the Vocational . . .
Rehabilitation Program (T A 6-01) amendments to the Rehabihtation
TAC 06-01 Act of 1973 made by WIOA.
Rehab. Act Whether Centers that do not Receive Title VII, Part Grants Ont dated Chan in law
are Included as Centers for Independent Living Under the re ulations or riebrtin
Rehabilitation Act of 19?3, as amended and the Implications . .
. . 81812003 requirements resulting from the
for SILC Composmon, Network of Centers, and Part and . . .
Part Funding (PD 03-06) amendments to the Rehabilltation
. . Act of 1973 made by WIOA.

Rehab. Act Satellite Centers for Independent Living. Outdated. Changes in law.
regulations. or reporting
7/3/2002 requirements resulting from the
amendments to the Rehabilitation
Act of1973 made by WIOA.
Rehab. Act of Certain Policy Issuances. 613010000 Unnecessary.
Rehab. Act Information on the Provision of Vocational Rehabilitation
$62151: to Ind1v1duals With Hearing Loss {Deaf and Hard of 3128/2000 Outdated data and information.
MM

Program Title Date Issued Reason for Rescinding

7 Rehab. Act Employment Goal for an Individual with a Disability. (PD Outdated. Changes in law,
97-04) regulations, or reporting
8fl9t?1997 requirements resulting from the
04.9dt? amendments to the Rehabilitation

Act of1973 made by WIOA.

8 Rehab. Act What a Designated Client Assistance Program Agency Must Outdated. Changes in law,
Do to Satisfy the Mediation Procedures Requirement. (TAC regulations, or reporting
97-01) 234/199? requirements resulting from the
1 .pdf amendments to the Rehabilitation

Act of 1973 made by WIOA.

9 Rehab. Act Retirement of Policy lssuances.
PD 95-06 "#1211995 Unnecessary.

10 IDEA OSEP Dear Colleague Letter: To Chief State School Of?cers
(CSSOs) on Local Educational Agency (LEA) Maintenance
of Effort. 3n 3:2014 LEA MOE
regu 1o
-moe-3-l3?14. df

1 1 IDEA Final Regulations Related to Parental Consent for the Use of
Public Benefits or Insurance One-page Summary. 3118/2013 No longer needed. Used when
rolling out 2006 Regulations.

12 IDEA OSEP Dear Colleague Letter: Preschool Least Restrictive
Enviromnent (LRE).

a
"/29?20 1 2 Superseded by 2016
schoollre22912.pdf

l3 IDEA OSEP Memo: 11-06 American Recovery and Reinvestment
(ARM) Announcement 1225:2010 Outdated. No current ARRA grants.

?p_1

Program

Title

Date Issued

Reason for Rescinding

IDEA

Implementing Response to Intervention (RTI) Using Title I,
Title and CEIS Funds.
No Link Available.

$252009

Outdated and inaccurate.

15

IDEA

Guidance on Procedural Safeguards and Due Process
Procedures for Parents and Children with Disabilities.

safe ruards- df

6M ?2009

Superseded by 2013 Dispute
Resolution

16

IDEA

OSEP Memo 08-08: Implementing the Funding Formula
Under the of Age Cohorts for Which FAPE is
Ensured.

No Link Available.

5/2f2008

Outdated. Speci?c only to 2008.

17

IDEA

OSEP Memo: 07?10 Interpretation of 34 CFR

5/3/2007

Outdated due to 2008 public bene?ts
regs

18

IDEA

Questions and Answers On Highly Quali?ed Teachers
Serving Children With Disabilities.

lf29l2007

Outdated due to ESSA changes.

IDEA

Questions and Answers on Serving Children with Disabilities
Placed by Their Parents at Private Schools.

laced. df

3f27f2006

Superseded by 201 1

20

IDEA

Dear Colleague Letter addressing administrative costs added
to the Individuals with Disabilities Education Act (IDEA) by
the 2004 Amendments.

7I25f2005

Outdated. Action required by
December 3, 2005.

Program

Title

Date Issued

Reason for Rescinding

IDEA

OSEP Memo 05-10 Notice of Proposed Rulemaking (34 CFR
Part 300, 301 and 304), Assistance to States for the
Education of Children with Disabilities; and Service
Obligations Under Special Education Personnel
Development to Improve Services and Results for Children
with Disabilities.

No Link Available.

7/22/2005

Outdated. Discusses NPRM.

22

IDEA

OSEP Memo: 05-09 Obligations of States and Local
Educational Agencies to Parentally?placed Private School
Children with Disabilities.

and?

(#2712005

Superseded by 2012

23

IDEA

OSEP Memo 04~09 Implementation of Continuous
Improvement and Focused Monitoring System During
Calendar Year 2004.

We

4/6f2004

Outdated. Speci?c to 2004
monitoring cycle.

24

IDEA

OSEP Memo 04-04 New Technical Assistance Initiative.
No Link Available.

?2922004

Outdated. 2004 Technical
Assistance.

25

IDEA

OSEP Memo 03-09 New Technical Assistance Initiative.
No Link Available.

8/2003

Outdated. 2003 Technical
Assistance.

26

IDEA

OSEP Memo 03-05 Implementation focused
monitoring during 2003.
No Link Available.

4f8a?2003

Outdated. Monitoring process
changed.

27

IDEA

OSEP Memo 02-10 Medicaid and upcoming compliance
deadlines under HIPAA and ASCA.
No Link Available.

9/26/2002

Outdated. Speci?c to 10/ 1502
deadline.

Program Title Date Issued Reason for Rescinding

28 IDEA OSEP Memo 02-06 Implementing new funding formula
under IDEA. .
4126;2002 Outdated. Speci?c to FY 2002'
2fose00206?2q2002.ndf

29 IDEA OSEP Memo 01-09 Infermation about new childhood
regulations under the 881 Program. . .
5/24/2001 Outdated. SPECIFIC to guidance.
Zlose 010933i.doc

30 IDEA OSEP Memo 01-06 Guidance on including students with
disabilities in assessments. 1f17/200] Superseded by assessment
- regulations and guidance.
I/osep0106assess.pdf

3] IDEA OSEP Memo 01-05 Questions and Answers on Mediation. 180/2000 Superseded by 2013 Dispute
No Link Available. Resolution

32 IDEA OSEP Memo 00-24 StatefDistriet wide assessment. Superseded by assessment

. . 824/2000 . .

No Link Avallable. regulations and goidance.

33 IDEA OSEP Memo 00- 20 Complaint resolution procedures under
Part B. Superseded by 2013 Dispute

W200i) Resolution

No Link Available.

34 IDEA OSEP Memo 00-19 IEP guidance. 6 0 /2 000 Outdated. Revised by statute and
No Link Available. 2006 regulations.

35 IDEA OSEP Memo Implementing the new funding formula
under IDEA. 6 f2 6 f2 000 Outdated. Revised by statute and
2006 regulations.
2I?osen0017disfunds2q2000.pdf

36 IDEA OSEP Memo 00-16 Review of eligibility documents and
Issuance ?gram awards? 6f13f2000 Outdated. Speci?c to FY 2000.

Program Title Date Issued Reason for Rescinding
37 IDEA OSEP Memo 00-14 Qs As on obligations ofpublic
agencies serving children with disabilities placed by their Outdated. Revised by statute and
. . 5I4i?2000 .
parents in private schools. 2006 regulations.

38 IDEA OSEP Memo 00-10 Revised Part funding formula
information request. 3fl4i?2000 Outdated. Speci?c to FY 2000.
No Link Available.
39 IDEA OSEP Memo 00-08 School districts. State schools, and
educational services agencies selected for National Outdated. Study in effect in FY
1/ 9f2000
assessment study. 2000.
No Link Available.
40 IDEA OSEP Memo 00-07 OSEP Memo (JO-Enhancing Coordinated Outdated. Statute reautliorized in
Serv'ices Systems. l/l3i?2000 2004
No Link Available.
41 IDEA Memo 00:04 Clari?cation on State eligibility and Outdated. Revised by statute and
public participation. I ?3/1999 2006 re lations
No Link Available. gu
42 IDEA OSEP Memo 00?03 School districts, State schools, and
educational services agencies selected for National Outdated. Study in effect in FY
li?3f1999
assessment study. 1999
No Link Available.
43 IDEA OSEP Memo 99-14 Guidance related to State Program
improvement Grants. 7/30! 1999 Outdated. Program is now SPDIG.
No Link Available.
44 IDEA OS Memo99-l2 NPRM for charter school expanSion act. 6/28j1999 Outdated. Discusses NPRM.
No Link Available.
45 IDEA OSEP Memo 99-11 Final regulations. Outdated. FY 1999 transmittal
. . 4/27i?1999
No Link Available. memo.
46 IDEA OSEP Memo 99-09 Schools With IDEAS that work. 3/29,,1999 Outdated. Specific to 1999-

No Link Available.

Program Title Date Issued Reason for Rescinding

47' IDEA OSEP Memo 99-01 Continuous Improvement monitoring Outdated. Monitoring process
process. Ill/1999 chan ed
No Link Available.

48 IDEA OSEP Memo Continuous Improvement monitoring process. Outdated. Monitoring process

. . 10f2f1998
No Link Available. changed.

49 IDEA OSEP Memo 98-13 OSEP Response to Comment on the
IDEA forms. 9f16/1998 Outdated. Data forms changed.
No Link Available.

50 IDEA OSEP Memo 98-08 Effective date ofthe new IEP Outdated. Revised by statute and
requ1rements. 4f28l?1998 2 0 6 re 1a tiorls
No Link Available.

SI IDEA OSEP Memo 98-04 Guidance related to State Program
improvement Grants. 2/26/1998 Outdated. Program is now SPDIG.
No Link Available.

52 IDEA OSEP Memo 9801 information related to statutory changes Outdated. Revised by statute and
to Patt H. 998 2006 re 1 t'

No Link Available. 3? ?3 "ms?

53 IDEA Joint DCL Including Students with Disabilities in all
Educational Reform Activities. 9/29f1997 Superseded by assessment regs and
guidance.

1

5?
less 3? 9119/1997 1999 regulations. Statute
reauthorized.

55 IDEA OSEP Memo 97-5 Changes in Part of IDEA as required by Outdated. Memo in effect until
the IDEA amendments of 199?. (ill I999 regulations. Statute
reauthorized.

56 IDEA OSEP Memo 95-2 Information on the Secretarial Review 1016M 994 Outdated. Change in regulations.

Process.

Program Title Date Issued Reason for Rescinding

5? IDEA uOnSdEmli? 3321:?) 94 -19 Availability of draft monitoring reports Outdated. No longer have dra?
No Link Available. munitming repms'

58 IDEA OSEP Memo 93-16 Impact of the Cash Management .
Improvement Act on IDEA Part State Grants for FY 1994. 7I21f1993 31:23:: 3335A regulat1ons
No Link Available. -

59 IDEA OSEP Memo 93-09 Provision of services to Native American
Children Aged Birth through Five Residing on Reservations. 993 Outdated. Statute reauthorized.
No Link Available.

60 IDEA OSEP Memo 92-20 Guidelines for Implementing
Community-based Educational Programs for Students with OUtdidFEd' Updated May 2017
Disabilities 9f21/1992 transmon guldance based on WIOA
No Link Available. and IDEA 2004'

61 IDEA OSEP Memo 91-22 Summary ot?Comments of Special Outdated Samoa 0 fcommen ts
Education for Children with Attention Deficit Disorder. 6121I199l onl ry
No Link Available.

62 IDEA OSEP Memo 90-17A Response to
Questions on Implementing a Birth Through Five Early 6 :1 II 990 Outdated. Revised regulations
Intervention Program. reauthorized statute.
No Link Available.

63 IDEA OSEP 90preschool Sign 990 Outdated. Revised regulations and
L511: #:3131316 reauthorized statute.

64 IDEA OSEP Memo 39-21 States responsibility to make FAPE
available to certain Indian children. 6119/1989 Outdated. Statute reauthorized.
No Link Available.

65 IDEA OSEP Memo Use ofTape recmders at IEP meetings. 4f15fl988 Superseded by OSEP Memo 9144.

No Link Available.

Program Title Date Issued Reason for Rescinding
66 IDEA OSEP Memo 86-13 The 12 percent limitation on handicapped
children counted for allocation purposes. Outdated. Statute reauthorized.
No Link Available.
67 IDEA OSEP Memo 85-23 Cooperation in transition initiative and Outdated. re-competed every 5
parent trai nin g. 4./4t1985 ears
No Link Available. 3?
68 IDEA OSEP Memo 85-19 excess cost requirement under Part B. 2/5? 985 Outdated. Superseded by
No Link Available. regulations Uniform Guidance.
69 IDEA OSEP Memo 85-9 Grantback arrangements. Outdated. Superseded by Uniform
. . 11/91, 1985 .
No Link Available. Gmdance.
70 IDEA OSEP Memo 85?5 Use funds tor equlpment and Outdated. Superseded by regulations
certain costs allowable With prior approval. l0i?9f1984 Uniform Guidance
No Link Available.
7] IDEA Informal Letter to Chief State School Of?cers on Data
Submissions Due During FY 1983. 8f3li?1982 used
No Link Available.
72 IDEA Nondiscrimination on the Basis of Handicap in ngrams and
Activities Receiving or Bene?ting From Federal Financial
Assistance; and Assistance to States for Education of 12/231980 Superseded by regulations governing

Handicapped Children.

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use of insurance.