Dear School Leader Letter on IEP/Missed IEP Services

The Bureau of Indian Education (“BIE”) is responsible for ensuring that its implementation of Part B of the Individuals with Disabilities Education Act (“IDEA”) 20 U.S.C. § 1400 et seq. meets the requirements under 20 U.S.C. §§ 1411(h)(2)(A), 1412(a) and 34 C.F.R. § 300.708(a). BIE must ensure a Free Appropriate Public Education (“FAPE”) to all children with disabilities attending BIE-funded schools. In order to make FAPE available, each child’s Individualized Education Program (“IEP”) must be developed and implemented in accordance with the requirements of IDEA, including 20 U.S.C. §§ 1401(9), 1414(d), and 34 C.F.R. § 300.324.

As it relates to missed IEP services, BIE has developed this memorandum to provide information for BIE funded schools on the decision making for missed IEP services. The information provided herein must be followed by Bureau operated schools (“BOS”) and is guidance for Tribally Controlled Schools (“TCS”), which are operated pursuant to grants under the Tribally Controlled Schools Act of 1988 (25 U.S.C. § 2501 et seq.), and contracts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 5301 et seq.).

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