Understanding Special Education Department within BIE
The Special Education Program is housed in the BIE Division of Performance and Accountability (DPA). The Special Education Program plays a role in helping Education Resource Centers and Schools achieve Results-Driven Accountability for special education programs in Bureau-operated, Tribally Controlled, and Navajo schools throughout the country. The BIE has a responsibility to monitor the implementation of the Individuals with Disabilities Education Act (IDEA).
Special Education Staff
Supervisory Education Specialists: Provides team leadership and technical assistance to Education Program Specialists located in various Education Resource Centers (ERC) ensuring that functions required to fulfill Department of Performance and Accountability (DPA) mission in accordance with federal requirements are met.
Education Program Specialists: Serves as the primary point of contact for Education Resource Centers (ERC) to improve outcomes for students with disabilities through effective implementation of federal and state laws, regulations, and rules related to special education. Education Program Specialists provide technical assistance on IDEA.
Our Partners
BIE special education partners have long-standing positive relationships with OSEP-funded technical assistance providers.
- Center for IDEA Fiscal Reporting
- National Center for Systemic Improvement
- National Technical Assistance Center for Transition
- IDEA Data Center
- WestEd
State Performance Plan
The BIE has developed a state performance plan/annual performance report (SPP/APR) that evaluates the BIE's efforts to implement the requirements and purposes of the IDEA and describes how the BIE will improve its implementation. The SPP/APR includes indicators that measure child and family outcomes and other indicators that measure compliance with the requirements of the IDEA.BIE is required to submit a state performance plan (SPP) at least every six years. Each year, BIE reports against the targets in its SPP in an annual performance report (APR).
The Office of Special Education Program (OSEP) uses information from the SPP/APR to annually determine if BIE:
(1) Meets requirements and purposes of the IDEA
(2) Needs assistance in implementing the requirements of Part B
(3) Needs intervention in implementing the requirements of Part B
(4) Needs substantial intervention in implementing the requirements of Part B
State Systemic Improvement Plan (SSIP)
The State Systemic Improvement Plan (SSIP) is a multi-year plan, developed in collaboration with the Stakeholders, to increase the number of youth with disabilities engaged (e.g., enrolled in higher education, competitively employed) one-year out of high school.
Policies, Procedures, and Effective Implementation
States, including the BIE, are required to have policies and procedures that are aligned with the IDEA 345 CFR 300.100. BIE's special education policies and procedures support state and local implementation the IDEA.
Integrated Monitoring Activities
In accordance with the Individuals with Disabilities Education Act (IDEA), the BIE must employ general supervision activities that include monitoring of local educational agencies (LEAs) with a particular emphases on improving educational results and functional outcomes for all students with disabilities while ensuring that LEAs meet the requirements of the IDEA Part B. The BIE implements procedures for monitoring activities in accordance with the IDEA Part B, federal regulation 34 CFR 300.600 State monitoring and enforcement.
Fiscal Management
IDEA funds are provided for the excess cost of special education and related services for students with disabilities. IDEA funds are intended to supplement and not supplant state, local or other federal funds. Funds are awarded to the BIE by the U.S. Department of Education (USDE), Office of Special Education Programs (OSEP), to "flow-through" to the LEA contingent upon an LEAs application for Part B funds. The BIE must ensure fiscal accountability at each phase in the distribution and use of the Individuals with Disabilities Education Act (IDEA) Part B funds.
BIE FFY 2023 IDEA Part B Grant Award Application
IDEA funds are provided for the excess cost of special education and related services for students with disabilities. IDEA funds are intended to supplement and not supplant state, local or other federal funds. Funds are awarded to the BIE by the U.S. Department of Education (USDE), Office of Special Education Programs (OSEP), to "flow-through" to the LEA contingent upon an LEAs application for Part B funds. The BIE must ensure fiscal accountability at each phase in the distribution and use of the Individuals with Disabilities Education Act (IDEA) Part B funds.
- FFY 2023 IDEA Grant Award Application
- MOU BIE IHS Indian Children with Disabilities 2012
- General Education Provisions Act (GEPA) Section 427
- FFY 2023 Public Participation
- FFY 2023 Specific Assurances
Data on Processes and Results
As part of a state's general supervision responsibilities, data are used for decision making about program management and improvement. This process includes:
(1) data collection and verification
(2) data examination and analysis
(3) public reporting of data
MOU BIE IHS Indian Children with Disabilities 2012
(4) status determination
(5) improvement activities
Special Education Advisory Board
For questions, please contact Jennifer Davis, Designated Federal Officer (DFO) at (202) 860-7845 or email Jennifer.Davis@bie.edu.
FORM - Updated Membership Nomination form
Federal Register Notice (FRN) -Federal Register Notice – Call for Nominations (closing date 04/23/2023)
Special Education Advisory Board Membership
BIE Advisory Board for Exceptional Children Membership (updated 3/8/2023)
BIE Advisory Board Meetings
June 22-23, 2021 (Agenda and Federal Register Notice)
April 28-29, 2021 (Agenda and Federal Register Notice)
July 28-29, 2021 (Agenda and Federal Register Notice)
September 22, 2021 (Agenda and Federal Register Notice)
March 9-10, 2022 - (Agenda and Federal Register Notice)
Sept. 15-16, 2022 - (Agenda and Federal Register Notice)
Minutes by Federal Fiscal Year (FFY)
2021-2024: January 27-28, 2021 / April 28-29, 2021 / July 28-29, 2021 / September 22, 2021 / March 9-10, 2022
Annual Reports
Advisory Board Annual Report for 2022
Advisory Board Annual Report for 2021
Advisory Board Annual Report for 2020
Advisory Board Annual Report for 2019
Advisory Board Annual Report for 2018
Other Documents
Charter - BIE Advisory Board for Exceptional Children - Authority and Objectives of the Advisory Board for Exceptional Children.
FFY2023 BIE Advisory Board Membership
Dispute Resolution
Memo dated 11/03/2010: To rescind memo dated 7/26/2010
Memo dated 7/26/2010: Revised Special Education Dispute Resolution
Special Education PROCEDURAL SAFEGUARDS revised 2018
Qualifications: Due Process Administrative Law Judges (ALJs)
Parent Resources - Parent Training Centers by State
Forms:
Request for Due Process Hearing
All documents must be sent by faxed, mailed, or hand delivered:
Mailed or Hand Delivered: Bureau of Indian Education
Division of Performance and Accountability
Attn: Marcy Oliver, Education Specialist-Special Education
1001 Indian School Road, NW, Suite 149
Albuquerque, New Mexico 87104
Fax: (505) 563-5453 Attn: Marcy Oliver, Education Specialist-Special Education
You may follow up by email: Marcy.Oliver@bie.edu