Key points:
Now accounting for 15 percent of total public school enrollment, the number of students requiring special education services under the Individuals with Disabilities Act (IDEA) has reached an all-time high of 7.1 million over the past decade. This increase–driven by improved identification and diagnosis, heightened awareness, advocacy, and broader definitions of disabilities–presents substantial challenges for school districts.
Persistent teacher shortages and the cost and time required to fill special education roles often exacerbate the strain. Adding to the complexity, Parts B and C of the IDEA mandate that all children with disabilities receive a free and appropriate public education (FAPE) in the least restrictive environment (LRE).
However, the reality is that not all students under IDEA receive the tailored services they need within traditional public school settings. In fact, only 23 states and territories met IDEA requirements in 2023.
Key takeaways from the new IDEA guidance
In response to the shortcomings in state oversight, the U.S. Department of Education’s Office of Special Education (OSEP) issued new guidance outlining steps states can take to improve their monitoring of IDEA and ensure compliance across school districts and early intervention programs. Key takeaways from the guidance include:
- Broader oversight: States should respond to claims from media reports, parent feedback sessions, and other sources, even if they fall outside of traditional parameters.
- Timely action: States must issue findings of noncompliance within three months of identifying an issue. Districts must address compliance as soon as possible and no later than a year after determining.
- Complete resolution: Districts are not considered compliant until the identified issues are fully resolved, as opposed to meeting a lower threshold previously set by some states.
- Individual attention: States must review information on individual students rather than relying on a sample to ensure each affected student is addressed.
Understanding noncompliance ramifications
Noncompliance with IDEA requirements can significantly impact school districts, including resulting in the loss of federal funding, legal penalties from parent lawsuits, mandatory corrective action plans, and reputational damage that can lead to decreased enrollment. Addressing the factors that contribute to noncompliance should be examined–these typically include:
- Difficulty proving noncompliance: Proving noncompliance often requires extensive documentation, which places the burden on parents to demonstrate unmet services. Parents must understand their rights under the IDEA and what services their child is entitled to. This can be particularly challenging for those from marginalized communities, who may face barriers to accessing legal help and advocacy resources.
- Staffing shortages: The nationwide shortage of qualified special education professionals, especially in rural or underfunded districts, can lead to inadvertent noncompliance as schools struggle to provide the necessary services.
- Resource allocation: Inequitable allocation of resources within districts often results in SPED programs not receiving the prioritization they need in terms of budget, staffing, and administrative attention.
- Lack of training and knowledge: Educators and administrators may not receive proper training on IDEA requirements, leading to unintentional noncompliance. This includes their responsibilities under the IDEA or how to implement appropriate accommodations and modifications.
Impact of service deficits and staffing gaps on students
Many school districts anticipate a continual rise year over year in the number of students on Individualized Education Plans (IEPs). For these students, unmet services can have a profound ripple effect. Academically, they may fall behind in acquiring essential skills like reading, writing, and math. Behaviorally, they might struggle in social interactions, leading to increased levels of stress and anxiety. The lack of appropriate services can hinder their social and emotional development, affecting their ability to form relationships and succeed in future opportunities.
While stricter state oversight, prompted by the new federal guidance on IDEA compliance, is a positive step, many districts continue to grapple with lengthy wait times for essential services. This results from strained resources, leading to increased caseloads for existing special education providers. This strain can contribute to burnout and a rise in staff turnover. A major concern is the impact of these shortages in lower-income areas, where access to special education and early intervention services is already limited.
To help address these challenges, districts are increasingly turning to staffing firms, which can provide access to a broader talent pool of qualified special education professionals, including teachers, paraprofessionals, speech-language pathologists, and therapists. This support can help districts meet shorter-term staffing gaps to provide more immediate services for students with IEPs.
While staffing partners provide this flexibility, a sustainable solution requires tackling the root causes of the shortage. Investing in initiatives that attract and retain qualified special education professionals is critical. Ensuring all students receive appropriate special education services they need is not just a legal obligation under IDEA, it’s a moral imperative and shared responsibility. By working collaboratively, school districts, educators, policymakers, and support staff can create a more robust support system for special education professionals. This, in turn, will create an environment where every student has the opportunity to thrive.
