Required and Permissive uses of Behavioral Intervention Plans in Special Education Guidance for Inte
MEMO #094-15
The U.S. Department of Education’s Office of Special Education Programs has found the Michigan Department of Education, Office of Special Education (OSE) to be out of compliance in its State Complaint process. This Memo is being issued to make clear that the OSE must, and will, resolve all complaints filed under the Individuals with Disabilities Education Act (IDEA) consistent with the final federal regulations at 34 CFR §§ 300.151 and 300.152(a)(4) which states the State Educational Agency will, “review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of the Act.” Behavioral intervention plans, like all other parts of the IDEA, are subject to due process under the IDEA including special education state complaints.
