Policy Development by State and Local Education Agencies: The Context,Challenge,and Rewards of Policy Leadership

Demands for the development of special education policies by state and local educational agencies are increasing as federally mandated state education agency (SEA) administrative activities and state and federal special education litigation expand. Federal regulatory provisions provide a superstructure within which numerous policy vacuums or gaps exist. If left unfilled, these policy vacuums often become the target of administrative and judicial litigation. Federal courts and enforcement agencies often are eager to defer to state and local special education policy-making when it occurs in advance of litigation and when, in response to operational problems and questions, it contains reasonable educational and administrative answers expressed clearly and in measurable terms. By developing special education policy in this proactive manner, state and local education agencies can retain control over education decision making.