Table of Contents
COVID-19 Note: Virtually all of the regulations and guidance below were written before the pandemic. While the federal regulations and rights therein remain unchanged, state and school methodologies for providing students with FAPE have of necessity been significantly altered. For up to date information during this pandemic, readers are encouraged to visit their own state websites (links are provided below) and search for COVID-19. Many if not all states have specific guidance for schools and parents regarding children with disabilities. Regardless of what guidance a state may offer, its obligation to provide children with disabilities a free appropriate public education remains unchanged. Wrightslaw offers parents suggestions but as of September, 2020 there has been little useful guidance from the courts. Parents have the right to unilaterally place their child in a private setting (almost always but not necessarily a private school setting) at their own risk, but (if they hope at some point to recoup their losses) only after providing their school with an opportunity to develop an appropriate IEP and only after giving the school a chance to address their concerns. In order to get compensation from a court, parents would need to show that the IEP offered by the school system would not have provided their child with FAPE and that the program provided privately did.
Age of Cohort by State
§ 300.101 Free appropriate public
education (FAPE).
(a) General. A free appropriate public
education must be available to all
children residing in the State between
the ages of 3 and 21, inclusive,
including children with disabilities who
have been suspended or expelled from
school,
The IDEA 2006 Part B Regulations allowed states the option of opting out of certain ages (3,4,5 and 18, 19. 20, and 21.) Every state serves 3,4, and 5 year olds. The services made available to students in the 18 to 21 range differ slightly from state to state, with some states providing services to 21, others through 21, and the rest providing services but some additional provisions. For financial purposes, ED updates its listing of state cohorts regularly. The most recent from 2020 can be accessed by clicking on Year of Age Cohort.
The federal regulations
This page includes links to every state’s special education regulations. While every effort is made to keep these links updated, they may change at any time. Please email guymmcbride@gmail.com if you have a better link than those provided below. State forms reflect the states’ procedural rules. Where available to the public, links to those forms are provided below. “Not found” means a search of the state website and by Google did not reveal a link, not that the state does not have model forms for their schools. When sped forms were not available on the state website, an effort was made to locate and publish forms from a public agency (Local Agency or LEA) in that state. For links to Part C websites, see:
State Websites for Part C
DODEA Information
Also, within the Department of Defense. special education is available to the families of military dependents. As defined by the DOD, “The purpose of special education is to enable students to successfully develop to their fullest potential by providing a free appropriate public education in compliance with the Individuals with Disabilities Education Act (IDEA) as implemented by DoD Instruction 1342.12, ‘Provision of Early Intervention and Special Education Services to Eligible DoD Dependents.’” For further information on DOD rules and regs, which may differ from those applicable to non military children in state public schools, see the DODEA Special Education web page.
Section 504 (Work in Progress)
OCR, not the states, is responsible for enforcement. That is why many states offer offer only the bare minimum in guidance. However, readers from other states may find the links from states more aggressively trying to help their schools of some use in understanding and applying children’s 504 rights.
On June 25, 2015 DoD published its final rule regarding the Provision of Early Intervention and Special Education Services to Eligible DOD Dependents
Alabama
Special Education Services
Alabama Department of Education
P.O. Box 302101
Montgomery , AL , 36130-2101
(800) 392-8020 (in AL)
(334) 242-8114
Alaska
Forms: Special Education Forms
Office of Special Education
Alaska Department of Education
801 W. 10th Street, Suite 200
PO Box 110500
Juneau , AK , 99801-1894
(907) 465-8693
State Guidance on 504: Section 504
donald.enoch@alaska.gov
Alaska SEA Link
Arizona
In Arizona, special education (as in most states) is regulated by the 2006 Part B Regulations, Arizona Administrative Code, and Arizona Statutes. The IDEA regulations are available on the Soedaw page. Links to the Arizona statute and administrative codes follow.
Arizona state statute Title 15, Chapter 7, Article 4
AZ Education Administrative Cde (General education regulations) See Section R7-2-401 to R7-2-406
Qualified Professional List (Revised August 2018). One change allowed certified school psychologists to conduct ADHD evaluations.
Note: All Technical Assistance Documents, including guidance on evaluations and eligibility, were Removed for Updating 4/18/2016. .
Arizona has of April, 2010, completed its revisions of most of its guidance documents which are provided below.
Now Available
- Evaluation Process
- AZ Qualified Professionals List
- Individualized Education Programs (IEPs)
- Dyslexia Handbook, a Technical Assistance Document to Support Families and Teachers
- Speech-Language Services in Arizona’s School: Guidelines for Best Practice
- Occupational Therapy and Physical Therapy
- Graduation Requirements and Provision of FAPE for Students with Disabilities
- (Graduation AZ-TAS Document Being Revised: More Information)
The guidance most relevant to school psychologists and IEP teams, however, was “Evaluations and Eligibility” which was still under review as of July 2017. However, we have archived a 2012 copy on our website.
Arizona Evaluation and Eligibility 2018
We have as of September 2017 removed our other links as Arizona has apparently made no progress at this time of updating them. However if you are interested in seeing whether there’s now more that we missed, see their AZ-TAZ documents page. (Click here.)
Student Services section’s Phoenix office.
3300 N. Central Ave
Phoenix, AZ 85012
(602) 542-4013
Section 504 Guidance: Accommodation Plan; Special Education Dispute Resolution; Dispute Resolution
colette.chapman@azed.gov
Arizona SEA Link
Arkansas
Forms: No 2021 links found
RTI Guidance Updated May 25, 2018:
Additional RTI Resources and Websites
RTI: A Mult-tiered System for Supporting Students with Reading Disabilities An AK Special Education Task Force white paper i(2016)
Arkansas Department of Education
1401 W. Capitol, Suite 450
Little Rock , AR , 72201
(501) 682-4221
Section 504 Guidance:
marcia.harding@arkansas.gov
Arkansas SEA Link
California
California Department of Education
Westlaw: California Special Education Regulations
California’s eligibility criteria for all disabilities, including discrepancy criteria for SLD, may be found in Part 3.1, Section 3030 in the regulations above.
Special Education Division
California Department of Education
1430 N Street, Suite 2401
Sacramento , CA , 95814
(916) 445-4602
Special education due process forms
f
Section 504 Guidance: No specific page found.
RTI: CA Guidelines
Colorado
Forms: IEP and Supporting Forms
Exceptional Student Services Unit
Colorado Department of Education
201 E. Colfax Avenue
Denver , CO , 80203
(303) 866-6694
Section 504 Guidance: 504 (Only cites federal resources, notes OCR responsible for enforcement.)
Colorado SEA Link
RTI: CO Guidelines
Connecticut
Other Special Education Guidance and Topic Briefs
Forms: Planning and Placement Team and IEP Forms
A Parent’s Guide to Special Ed in Connecticut
Bureau of Special Education
Department of Education
165 Capitol Avenue, Room 360
Hartford , CT , 06106
(860) 713-6912
Section 504 Guidance: Section 504 Eligibility
A very brief intro to the topic. Other topic specific resources are also available, e.g., re their grievance procedures.
Specific Learning Disabilities and Dyslexia Resources
RTI: Connecticut Guidelines 2008
Delaware
Delaware Department of Education
Forms: IEP and Rights Forms
Exceptional Children and Early Childhood Group
401 Federal Street, Suite 2
Dover , DE , 19901-3639
(302) 739-4210
Section 504 Guidance: Although Delaware addresses Section 504 in a number of PDF documents, e.g., accessibility, no specific page on 504 was found.
mtoomey@doe.k12.de.us
Delaware SEA Link
RTI: DE Guidelines
District of Columbia
Office of Special Education
DC Public Schools
825 N. Capitol Street, N.E., 6th Floor
Washington , DC , 20002
(202) 442-4800
phyllis.harris@dc.gov
Department of Education Link: Office of Special Education
Florida
Florida Department of Education
Florida Statures and Regulations Pertaining to Special Education
Eligibility Criteria: Determining Eligibility
Forms: No state approved forms found
Bureau of Exceptional Education and Student Services
Florida Department of Education
325 W. Gaines Street, Suite 614
Tallahassee , FL , 32399-0400
(850) 245-0475
Section 504 Guidance: Although no specific 504 page was found, the FL DOE provides schools with a number of pamphlets and guidelines specifically written regarding 504 issues. Some of the more relevant:
A Parent and Teacher Guide to 504
Guiding Principles for Section 504 Committees on
Students with Individual Health Care Plans
(Every Student with a Health Plan must be evaluated for Section 504 eligibility)
District Implementation Guide for Section 504 (142 pages)
RTI: Florida Guidelines
Georgia
Forms: Sample Forms
Division for Exceptional Students
Georgia Department of Education
1870 Twin Towers East
Atlanta , GA , 30334-9048
(404) 656-3963
Section 504 Guidance: Information and links about 504 can be found on a Student Support Teams page. Additional information can be found by doing a search on their website for 504 Resolution. Agreements.
Special Education Supports and Services Link
RTI: Georgia Guidelines
Hawaii
Table of Contents (Regulations)
Hawaii Regulations
Forms: No state or public agency forms found
Student Support Services Branch
Hawaii Department of Education
637 18th Avenue, Room C-101B
Honolulu , HI , 96816
(808) 733-4400
Section 504 Guidance: Rights Relating to Section 504 and Special Education
RTI: Hawaii Guidelines
Note: The guidelines above are from the Center on Disabilities Study at the University of Hawaii. The guidance is therefore non-binding. The education department as of July 2017 had no official guidance on RTI posted. However, for those seeking additional information, some of their trainings on RTI were conducted by Jim Wright, and his PowerPoints and other information may be found on a DOE page (click here.)
Idaho
Forms: Other Documents and State Forms
Bureau of Special Population Services
Idaho Department of Education
P.O. Box 83720
Boise , ID , 83720-0027
(208) 332-6800
RTI: Idaho Guidance
Illinois
Comparison of state regulations to federal regulations
Illinois State Board of Education
100 N. First Street, N-243
Springfield , IL , 62777-0001
(217) 782-4870
ehanselm@isbe.net
Illinois SEA Link
RTI Guidelines: Illinois Guidelines
Forms: State Board special education forms
Indiana
Forms: No state forms found online
Indiana Department of Education
Division of Exceptional Learners
Room 229, State House
Indianapolis , IN , 46204-2798
(317) 232-0570
RTI: Indiana Guidelines
Iowa
Administrative Rules of Special Education
Eligibility Standards: Eligibility Standards
Student and Family Support Services
Department of Education
Grimes State Office Building
Des Moines , IA , 50319-0146
(515) 281-5735
Lana.Michelson@iowa.gov
Iowa SEA Link
RTI: Iowa Guidelines
Kansas
Forms: Special Education Notices
Special Education Services
Kansas State Department of Education
120 S.E. 10th Avenue
Topeka , KS , 66612
(785) 291-3097
Kansas SEA Sped Link
RTI: SEA link to web page on Multi Tiered System of Supports. Provided by the Kansas Technical Assistance System Network (KASN)
Kentucky
Forms: See SEA Link below and click on Special Education Forms in left column.
Division of Learning Services
Kentucky Department of Education
500 Mero Street
Frankfort , KY , 40601
(502) 564-4970
Kentucky SEA Link
RTI: KY Guidelines
Louisiana
Special Education Louisiana Department of Education
Forms: Not found on state website. IEPs are developed online and can be transferred from one school to another in the state.
Special Education Report IEP User Guide 2020-2021 Louisiana State Board of Education
Complaints, Requests for mediation or facilitated IEPs can be made online on the page for Dispute Resolution
Maine
Maine Unified Special Education Regulations
Forms: Forms and Reports
Office of Special Services
23 State House Station
Augusta , ME , 04333-0023
(207) 624-6650
(207) 624-6800 (TTY)
david.stockford@maine.gov
Maine SEA LinkRTI: Maine Guidelines for RTI
Maryland
Forms: Maryland Online IEP (Includes other forms)
Maryland State Department of Education
Division of Special Education/Early Intervention Services
200 W. Baltimore Street, 9th Floor
Baltimore , MD , 21201-2595
(410) 767-0238
RTI: Maryland Guidelines
Massachusetts
Forms: IEP Forms and Procedures
Special Education Planning and Policy Development Office
Department of Education
350 Main Street
Malden , MA , 02148-5023
(781) 338-3000
(781) 338-3388
mmmittnacht@doe.mass.edu
Massachusetts SEA Link
RTI: Multi Tiered System of Supports
Michigan
Forms: State approved forms not found online.
Wayne RESA: Wayne RESA Special Education Forms
Office of Special Education and Early Intervention Services
Michigan Department of Education
P.O. Box 30008
Lansing , MI , 48909-7508
(517) 373-0923
ThompsonJJ@mi.gov
Michigan SEA Link
RTI: Michigan Guidelines
Minnesota
Forms: Due Process Forms
Minnesota Department of Education
Special Education Policy
1500 Highway 36 West
Roseville , MN , 55113-4266
(651) 582-8590
(651) 582-8201 (TTY)
barbara.troolin@state.mn.us
Minnesota SEA Link
RTI: MN Guidelines
Mississippi
Mississippi Policies and Procedures
Forms: Downloadable forms were not found online. Optional state forms are scattered through their Policies and Procedures manuals (above)
Mississippi Department of Education
Office of Special Education
359 North West Street, Suite 301
Jackson , MS , 39205
| Word Version | PDF Version | |
| Volume I: Child Find / Evaluation and Eligibility |  |
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| Volume II: Free Appropriate Public Education / Individualized Education Program / Least Restrictive Environment / Extended School Year Services | |
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| Volume III: Procedural Safeguards / Dispute Resolution / Confidentiality | |
|
| Volume IV: Discipline | |
|
| Volume V: Secondary Transition | |
|
Forms for Parents: Parent forms
Mississippi’s Parent Rights manual as well as a variety of forms parents may use to request mediation or a due process hearing.
(601) 359-3498
1 (877) 544-0408
Missouri
Forms: Compliance Forms
Division of Special Education
Department of Elementary and Secondary Education
P.O. Box 480
Jefferson City , MO , 65102
(573) 751-4444
SEA Link: Office of Special Education
heidi.atkinslieberman@dese.mo.gov
RTI: Response to Intervention
Montana
Note: Montana’s Office of Public Instruction redid its website in August, 2017. While some of its links were simply moved to the new website, a number of previous links and resources were not transferred. We will continue to periodically monitor and will make appropriate changes when or if they are restored.
Note: Montana’s administrative rules contain numerous links to repeated rules; scroll down past the repeated rules to find the newer rules.
Montana Statutes Related to Sped
Forms:
Montana Office of Public Instruction
P.O. Box 202501
Helena , MT , 59620-2501
(888) 231-9393
(406) 444-3095
This link went dark in August 2017. The link below was archived on the Wayback Machine.
RTI:RTI Guidelines
Nebraska
Special Populations Office
Nebraska Department of Education
301 Centennial Mall South
P.O. Box 94987
Lincoln , NE , 68509-4987
(402) 471-2471 (V/TTY)
gary.sherman@nde.ne.gov
Nebraska SEA Link
RTI; Nebraska Guidelines (This website is sponsored by the Nebraska Department of Education
Nebraska Department of Education Website on RTI (Official web page)
Nevada
Note: The state link for Chapter 388 went dark in July 2017, This version may be out of date. Readers relying on these regulations are encouraged to search for “special education” chapter 388 for the more updated version.
Forms: State aproved Clark County Special Education forms
Forms from a NV public agency: http://www.humboldt.k12.nv.us/specialed/forms.htm
Office of Special Education, Elementary and Secondary Education, and School Improvement Programs
Nevada Department of Education
700 E. Fifth Street, Suite 113
Carson City , NV , 89701-5096
(775) 687-9142
fmccabe@doe.nv.gov
Nevada SEA Link to Office for Inclusive EducationRTI
New Hampshire
Note that New Hampshire was as of March, 2020, transitioning its sped resources to a new website. They apparently weren’t in any hurry about it, and a number of their no longer functioning links have been deleted from this website.
NH Standards for the Education of Children with Disabilities
Bureau of Special Education Memo #20. Health Assessments and Eligibility Determination
Applicability of the advice therein in other states would depend on the wording of their state regulations
Bureau of Special Education
New Hampshire Department of Education
101 Pleasant Street
Concord , NH , 03301
(603) 271-6693
New Jersey
Forms: Model Sped Forms
Office of Special Education Programs
New Jersey Department of Education
100 Riverview Plaza
P. O. Box 500
Trenton , NJ , 08625-0500
(609) 292-0147
Roberta.Wohle@doe.state.nj.uss
New Jersey SEA Sped Link
RTI: New Jersey Tiered System of Supports
New Mexico
New Mexico Public Education Department Laws, Rules, and Regulations
Public Education Department
120 S. Federal Place, Room 206
Santa Fe , NM , 87501
(505) 827-1457
denise.koscielniak@state.nm.us
New Mexico SEA Sped Link
New York
New York State Education Department
P-12: Office of Special Education
Special Education Services
89 Washington Avenue, Room 309 EB
Albany , NY , 12234
(518) 402-3353
speced@mail.nysed.gov
New York SEA Link
RTI: New York Guidelines
North Carolina
Forms: Statewide Sped Forms
Exceptional Children Division
Department of Public Instruction
6356 Mail Service Center
Raleigh , NC , 27699-6356
(919) 807-3969/3971
William J. Hussey, Director
bill.hussey@dpi.nc.gov
North Carolina SEA LinkRTI: NC MTSS Guidance
2020 SLD Policy Addendum
Supplemental Optional Remote Learning Resources
ASD Evaluation and Identification – Summary of NC Policy Changes
ASD Policy Changes Listener Notes
ASD Policy Changes November 2019
Parent Guide ASD Policy
- Understanding the N.C. Autism Spectrum Disorder Special Education Policy
- Understanding NC Special Education Policy for Evaluation and Eligibility of Autism Spectrum Disorder-Spanish
Updated 2/6/2018
Additional North Carolina guidance on MTSS can be found at their Wikispace page on Multi Tiered System of Support . .
North Dakota
Forms: No downloadable forms were found. Some forms may be found in their procedural manuals: Prior Written Notice and Consent
Office of Special Education
Department of Public Instruction
600 E. Boulevard Avenue, Department 201
Bismarck , ND , 58505-0440
(701) 328-2277
(701) 328-4920 (TTY)
brutten@state.nd.us
North Dakota SEA Sped LinkRTI: North Dakota Guidelines
Ohio
Note: This link reported as broken on 6/27/2020. As of 6/29, all links to sped forms on their website appeared to be broken. When they update, we will update. Forms: Optional and Required Forms
Office for Exceptional Children
Ohio Department of Education
25 S. Front Street
Columbus , OH , 43215
(614) 466-2650
(877) 644-6338
contact.center@education.ohio.gov
Ohio SEA Link
RTI: No state specific guidance found. County school systems may have manualized guidance
Oklahoma
Forms: No downloadable state forms found
The Oklahoma Parent Center, however, does provide an exhaustive list of downloadable forms at: IEP and Procedural Forms
Special Education Services
Department of Education
2500 N. Lincoln Boulevard, Suite 412
Oklahoma City , OK , 73105-4599
(405) 521-4873
rene.axtell@sde.ok.gov
Oklahoma SEA Sped LinkRTI: OK Guidelines
Oregon
Forms: School Age Sample Formss
Office of Student Learning and Partnerships
Department of Education
255 Capitol Street N.E.
Salem , OR , 97310-0203
(503) 947-5600
nancy.latini@state.or.us
Oregon SEA LinkRTI: Oregon Guidelines
Pennsylvania
Forms: Forms (Including special education forms)
Bureau of Special Education
Department of Education
333 Market Street, 7th Floor
Harrisburg , PA , 17126-0333
Special Education Consultline: (800) 879-2301(V/TTY)
(717) 783-6913
RTI: PA Guidelines
Rhode Island
Forms: Only IEP and Parent Handbook found
Rhode Island Procedural Safeguards
Office for Diverse Learners
Rhode Island Department of Elementary and Secondary Education
255 Westminster Street, Room 400, Shepard Building
Providence , RI , 02903-3400
(401) 222-3505
Rhode Island SEA Link
RTI: RI Guidelines
South Carolina
Forms: English forms not found online at Education Department
Process Forms in Spanish
However, downloadable forms may be found at the SC Charter School Website at: Special Educatin Policies, Procedures, and Forms
Director
John Payne
Office of Exceptional Children
Suite 808 Columbia, SC 29201
Tel: 803-734-2738
Fax: 803-734-5021
E-mail:
JRPayne@ed.sc.gov
South Carolina Office of Special Educational Services
RTI: RTI Guidelines
South Dakota
South Dakota Regulations
More South Dakota Regulations
Forms: Forms (Scroll down)
Office of Special Education
Department of Education
700 Governors Drive
Pierre , SD , 57501-2291
(605) 773-3678
ann.larsen@state.sd.us
South Dakota SEA Link
RTI: SD Guidelines
Tennessee
Tennessee State Board Special Education Rules and Regulations
Joseph Fisher, Assistant Commissioner
Division of Special Education
Department of Education
Andrew Johnson Tower, 7th Floor
710 James Robertson Parkway
Nashville , TN , 37243-0380
(615) 741-2851
joe.fisher@state.tn.us
Special Education Home Page
The Tennessee state legislature has also passed a bill entitled “Say Dyslexia” 2016. The state education department has guidance on implementation by general education. Identification relies heavily on the use of CBM within the context of a hierarchal RTI model (link below). The ED advice is ll titled “Dyslexia Resource Guide.” Note: While the definition of dyslexia is subsumed under the category of a specific learning disability, SLD encompasses a broader definition. While meeting the requirements of an IDEA evaluation for a specific learning disability in reading should also meet the requirements for a dyslexia assessment, the converse would not necessarily be true.
Texas
Special Education Programs
Texas Education Agency
1701 N. Congress Avenue
Austin , TX , 78701-1494
(512) 463-9414
(800) 252-9668
Texas SEA special education web page
RTI: Texas Guidelines
Utah
The rules above were promulgated by the State Board of Education in October 2016.
Special Education Services
State Office of Education
250 East 500 South
P.O. Box 144200
Salt Lake City , UT , 84114-4200
(801) 538-7757
glenna.gallo@schools.utah.gov
Utah SEA Special Education LinkRTI: Utah Parent Center: Utah RTI Guidelines
Vermont
State Special Education Rules (PDF)
Tehnical Assistance documents (varied topics)
Forms: Special Education Forms
Student Support Services
120 State Street, State Office Building
Montpelier , VT , 05620-2501
(802) 828-2755
karin.edwards@state.vt.us
Vermont SEA LinkRTI: Vermont Guidance
Virginia
Forms: Virginia Sped Forms
Division of Special Education and Student Services
Department of Education
P.O. Box 2120
Richmond , VA , 23218-2120
(804) 225-3252
doug.cox@doe.virginia.gov
Virginia SEA LinkRTI: Virginia Guidance
Note: On September 26, 2020 our Broken Link detector reported the above link and all DOE links on RTI were broken. The Wayback Machine saved the content and that link is below.
Wayback Machine saved content from VA on RTI
Washington
Washington Regulations
Washington Rules
Forms: Model State Forms
Special Education Operations
Office of Superintendent of Public Instruction
P.O. Box 47200
Olympia , WA , 98504-7200
(360) 725-6075
doug.gill@k12.wa.us
Washington SEA Link
West Virginia
Office of Special Programs, Extended and Early Learning
Department of Education
1900 Kanawha Boulevard East
Building 6, Room 304
Charleston , WV , 25305-0330
(800) 642-8541
(304) 558-2696
Wisconsin
Eligibility Criteria and Worksheets for Children with Disabilities
Includes links to state evaluation guides
Chapter PI 11 — State Administrative Rules for Children with Disabilities
Forms: Sample Forms
Division for Learning Support: Equity and Advocacy
125 S. Webster Street
P.O. Box 7841
Madison , WI , 53707-7841
(608) 266-1781
(800) 441-4563
Wisconsin SEA Sped LinkRTI: http://rti.dpi.wi.gov/
Wyoming
Technical Assistance (including RTI guidelines)
Forms: Special Education Forms
Special Education Unit
Wyoming Department of Education
320 W. Main Street
Riverton , WY , 82501
(307) 777-2555
pbrown@educ.state.wy.us
Wyoming SEA Link