U.S. Department of Education Issues Special Education Investigation Findings for 18 States and One Territory
American Samoa, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Mississippi, Nebraska, Nevada, New Jersey, New York, North Dakota, Oregon, Tennessee, Utah, South Carolina, Virginia
U.S. Department of Education’s (USDOE) Office of Special Education Programs (OSEP) released a new wave of investigation findings. The results? Eight months into 2025, nearly half of state education agencies (SEA) have been monitored due to noncompliance with Individuals with Disabilities Education Act (IDEA).
Earlier this month, OSEP published recent investigation findings and associated letters on its Differentiated Monitoring and Support (DMS) page of its site:
Indiana (Part C): DMS Monitoring Report, July 28, 2025
Iowa: (Part B): DMS Monitoring Report, July 17, 2025
Kansas: (Part B): DMS Monitoring Report, July 10, 2025
Kansas: (Part C): DMS Monitoring Report, July 24, 2025
Mississippi: (Part B): DMS Monitoring Report, July 23, 2025
Nebraska: (Part B): DMS Monitoring Report, July 23, 2025
Nevada: (Part C): DMS Monitoring Report, July 10, 2025
New Jersy: (Part B): DMS Targeted Monitoring Report, July 14, 2025
North Dakota: (Part B): DMS Monitoring Report, July 17, 2025
North Dakota: (Part C): DMS Monitoring Report, July 17, 2025
Tennessee: (Part B): DMS Targeted Monitoring Report, July 23, 2025
Utah (Part B): DMS Monitoring Report, July 14, 2025
Special Education Action hasn’t covered OSEP’s investigations since November 2024, so let’s catch up on other findings, too.
Between December 2024 and end of July 2025, OSEP published investigation findings and/or related letters for the following states and territories, too:
American Samoa (Part B): DMS Monitoring Report, May 16, 2025
Arkansas (Part B): Close-out Letter for already open complaint, January 16, 2025
Idaho (Part B): DMS Monitoring Report, May 16, 2025
Indiana (Part B): DMS Monitoring Report, May 23, 2025
Iowa: (Part C): DMS Monitoring Report, June 18, 2025
Kentucky: (Part C): Status Letter for already opened complaint, January 8, 2025
Massachusetts (Part B): DMS Monitoring Report, January 16, 2025
Mississippi: (Part C): DMS Monitoring Report, May 19, 2025
New York (Part B): Status report for already opened complaint, March 26, 2025
Oregon (Part B): DMS Monitoring Report, June 11, 2025
Oregon (Part C): DMS Monitoring Report, June 5, 2025
South Carolina (Part B): Close-out Letter, December 5, 2024
Virginia (Part B): Close-out Letter, December 5, 2024
What DMS Is and Why You Should Care
OSEP’s DMS program is the federal oversight system for IDEA Parts B and C. OSEP’s monitoring includes interviewing state- and local-level staff; reviewing publicly available information, policies, procedures, and other related documents; gathering input from stakeholder groups and individuals; analyzing documentation OSEP requested from the states/territories; issuing findings reflecting its investigation; issuing corrective action plans (CAPs) to bring the states/territories into compliance; and monitoring the state to ensure CAPs are fully implemented.
When OSEP identifies noncompliance, it often reflects systemic issues that impact thousands of students, and not just one child or district. This is because DMS findings are state-level. Systemic findings at a state level impact the local level. SEAs must correct issues and ensure LEAs comply, so state fixes do drive local change—even though the DMS reports might not specify LEA-specific problems.
Quick Example of OSEP State Findings Driving Local Change
Although OSEP monitors state agencies and not local agencies, OSEP’s findings have validated complaints parents have made at the local level. For example, for years parents in Virgina complained about Virginia’s Independent Educational Evaluation (IEE) practices. In 2020, OSEP released findings confirming problems existed and required VDOE to change state regulations, to bring the entire state into compliance with IDEA. Fairfax County Public Schools (FCPS) refused to follow OSEP’s corrective action plan and change it IEE practices to comply with IDEA. A state complaint was subsequently filed against FCPS for this refusal and VDOE found FCPS in noncompliance, even though the state had not yet changed its regulations to ensure they were consistent with IDEA. In its Letter of Findings (LOF), VDOE specifically cited OSEP’s 2020 DMS report.
Final Words
Pull your state’s report and read the Required Actions/Corrective Actions sections. They spell out what was found, what has to change, and the timeline for the change to occur.
Whether you’re a teacher or a parent or a student, these reports and associated documents can be used as advocacy tools for implementing IDEA. In addition, they can be used as evidence in complaints and mediations as they document systemic issues.
Last, but not least: If your state received a status or close-out letter, verify whether local procedures were actually updated and implemented in schools. As shared above, in the case of Virginia, FCPS refused to implement OSEP’s guidance. Also in the case of Virginia: close-out letters don’t mean the state came into compliance. Many of the same problems continue to exist and/or resurfaced.
Important: OSEP’s site isn’t a complete historical archive. Publishing time has taken years in some cases, and some older documents were removed during a redesign of USDOE’s site. Always check the page’s “last reviewed” date and consider saving a copy rather than relying on OSEP’s links to remain live. While Special Education Action is using links in the above article, saved documents will eventually be added to replace the links.