The U.S. Department of Education, Office of Special Education and Rehabilitation Services has reminded the Pennsylvania Department of Education of its responsibilities under federal special education law to ensure that school districts provide children with disabilities the services that they need and that the state “must take the necessary steps to address and, as appropriate, redress the situation.” In other words, PDE cannot sit idly by while children with disabilities are denied FAPE. The letter states:
“Because Pennsylvania has chosen to participate in the IDEA program, it is responsible for ensuring that all public agencies in the State, including public school districts, comply with the IDEA’s requirements.This includes monitoring compliance and taking appropriate actions to ensure that each participating school district is carrying out the requirements of IDEA. Moreover, in situations where the State agency is on notice that students with disabilities in a participating school district were, or will soon be, denied FAPE due to the District’s actions or inactions, the State agency must take the necessary steps to address, and as appropriate, redress the situation. These are part of the State agency responsibilities under IDEA.”
