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OSERS and OESE Release Guidance on Inclusive Educational Practices Regarding Students with Disabilities

By Peter J. Maher & Julie P. Reznik on January 27, 2025
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special education

Earlier this month, the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Elementary and Secondary Education (OESE) released joint guidance about inclusive educational practices concerning students with disabilities. Entitled Building and Sustaining Inclusive Educational Practices, the Guidance describes requirements under two federal laws that work to improve educational outcomes for students with disabilities – the Elementary and Secondary Education Act of 1965 (ESEA) and the Individuals with Disabilities Education Act (IDEA) – that also further the development and implementation of inclusive practices. Additionally, the Guidance offers several principles to help districts implement inclusive educational practices in their schools.

The Guidance refers to “inclusive educational practices” as practices that:  

  • Provide teaching and learning environments that are accessible, inclusive and flexible;
  • Promote student participation and belonging through differentiated instruction, interventions and individualized accommodations; 
  • Use multi-tiered system of supports that are developmentally appropriate, are culturally and linguistically responsive, and foster students’ knowledge and skills, use of appropriate behaviors, social emotional skills, and sense of belonging; 
  • Recognize families as collaborative partners, experts and decision-makers; 
  • Support professional development for personnel to work with children with disabilities;
  • Include whole-school approaches to proactively support student needs; and 
  • Provide systematic supports to support the implementation of inclusive educational practices. 

ESEA and IDEA Requirements that Align with Inclusive Practices

In addition to explaining how a primary tenet of the IDEA – that special education students be educated in their least restrictive environment – furthers inclusive practices, the Guidance describes how inclusive educational practices are promoted by a variety of other requirements under both the IDEA and ESEA.  

One such ESEA requirement is the obligation of state educational agencies to publish report cards that provide information on school performance and progress. One mechanism the Guidance suggests to improve educational outcomes for children with disabilities is to disaggregate data contained in report cards to identify disparities that exist between regular education and special education students.

The ESEA also requires schools to conduct a comprehensive needs assessment, create a comprehensive schoolwide plan, and annually evaluate the efficacy of the schoolwide plan. The Guidance delineates several activities that could be funded in a schoolwide program to support inclusive practices informed by the results of the needs assessment, including increased learning time, instructional coaches to provide professional development, counseling, school based mental health programs, mentoring services, and school climate interventions. 

While a complete summary of the myriad of requirements that further inclusive practices for students with disabilities is beyond the scope of this post, districts are advised to review the Guidance for a comprehensive understanding of how these requirements can be used to promote inclusive practices and to maximize their utilization of IDEA and ESEA funds to support the implementation of these practices. 

Guiding Principles to Support the Implementation of Inclusive Practices 

OSERS and the OESE provide five broad principles to guide districts in implementing inclusive educational practices in their schools:

  1. Inclusive practices foster belonging, create opportunity, and transform education and lives;
  2. Create a culture for inclusive educational practices through leadership and shared vision;
  3. Meaningfully design and systematically support implementation of inclusive educational practices; 
  4. Build and enhance family, community, and agency partnerships to support inclusive educational practices; and 
  5. Leverage funding and resources to support inclusive educational practices. 

The Guidance offers concrete strategies that districts may employ to put these guiding principles into action and provides a list of programs that districts may use to support these important inclusive practices. 

To read the Guidance in full, visit the U.S. Department of Education’s webpage. 

Photo of Peter J. Maher Peter J. Maher

Peter Maher represents boards of education and other entities in all areas of school law, with an emphasis on special education issues and labor and employment matters. A former educator, Peter draws on his firsthand knowledge of the needs and goals of school…

Peter Maher represents boards of education and other entities in all areas of school law, with an emphasis on special education issues and labor and employment matters. A former educator, Peter draws on his firsthand knowledge of the needs and goals of school stakeholders to provide practical, community-specific and timely counsel that helps prevent problems when possible and solve them when necessary. Whether navigating sensitive special education matters or advising on day-to-day district operations, he partners with his clients to identify opportunities and pursue a clear path in the face of today’s challenges.

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Photo of Julie P. Reznik Julie P. Reznik

Julie Reznik is a member of the firm’s School Law Practice Group. She advises public school districts on a variety of general education, special education and labor and employment issues. Julie focuses her practice on special education matters and disputes, student discipline, and…

Julie Reznik is a member of the firm’s School Law Practice Group. She advises public school districts on a variety of general education, special education and labor and employment issues. Julie focuses her practice on special education matters and disputes, student discipline, and the Connecticut Freedom of Information Act (FOIA). She also serves on the firm’s Model Policy Committee, which provides a comprehensive set of model policies and administrative regulations, as well as model notifications and forms, for Connecticut boards of education and charter schools.

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  • Posted in:
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  • Blog:
    School Law
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

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