Education – Today is the Deadline for Comments on the Proposed Delay of IDEA Equity Regulations

Last week The Arc submitted comments in opposition to the Department of Education’s proposed two-year delay of regulations to address significant racial and ethnic disproportionality in Individuals with Disabilities Education Act (IDEA) identification, placement, and discipline. In 2004, the requirement to collect and report data on significant disproportionality, and take certain action if it is found, was added to the IDEA. However, in the years since the law was changed, few states and school districts have reported any such significant disproportionality. This fact was documented in a 2013 U.S. Government Accountability Office (GAO) study showing that most states had set thresholds for identifying disproportionate districts so high that no districts ever exceeded them, and, therefore, none were ever identified or the issues resolved. Following the GAO’s recommendation, the Department of Education issued regulations in 2016 that are set to take effect in July of 2018. These regulations provide a standard methodology for determining significant disproportionality, but permit each state to set its own thresholds so long as they are reasonable. See The Arc’s comments here opposing the delay of the regulations that are set to take effect in July. Disability advocates are encouraged to submit their own comments. See shorter sample comments here which can be submitted by clicking here. Comments are due by midnight tonight.

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