Ed Department: More States Failing To Meet Special Education Requirements

The U.S. Department of Education publishes its annual assessment of each state’s performance under the Individuals with Disabilities Education Act. (Thinkstock)

States are increasingly struggling to meet their obligations under the Individuals with Disabilities Education Act, with federal officials labeling a growing number of states as deficient for several years in a row.

The U.S. Department of Education says the performance of only 20 states “meets requirements” to serve students with disabilities ages 3 to 21 under federal special education law. The agency deemed all other states “in need of assistance,” and most of them have earned that label for at least two consecutive years.

Under IDEA, the Department of Education is required to annually evaluate how well each state provides special education services and assign it to one of four categories: meets eligibility, needs assistance, needs intervention, and needs substantial intervention.

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the determinations released this month are based on a review of the 2022-2023 school year.

Among the states determined to need assistance, 25 and Washington, D.C. have received the designation for two or more consecutive years, the Department of Education said. That’s three more states than last year.

Failure to achieve “compliant” status for several years is significant. Under the law, the Department of Education must take compliance actions, which can include requiring the state to access technical assistance or allocate funds to areas deemed inadequate, among other things.

No states were labeled as “needs intervention” or “needs substantial intervention.”

States that met the “eligible” standard were Alabama, Connecticut, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, Pennsylvania, Texas, Virginia, Washington, Wisconsin and Wyoming.

A separate assessment of programs serving infants and toddlers with disabilities up to age 2 designated 29 states as “meeting requirements.” Two states were labeled “needing intervention” and the remaining were placed in the “needing assistance” category.

The Education Department said it will release more detailed information on each state’s performance in August.

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