Education – Education Department Delays IDEA Racial/Ethnic Disproportionality Rule

On June 29, the Department of Education announced that it would delay the regulations that were set to take effect this month to address racial/ethnic disproportionality in the identification, placement, and discipline of students served by the Individuals with Disabilities Education Act (IDEA). The requirement for states and school districts to collect and report data on significant disproportionality, and take certain action if it is found, was added to the IDEA in 2004. However, since that time few states and school districts have reported any such significant disproportionality. In response to this problem, documented in a 2013 study by the Government Accountability Office (GAO), the Department of Education issued regulations in 2016 to require a standard methodology to calculate significant disproportionality. In February, the Department solicited public comment on a proposed delay of these regulations as part of President Trump’ Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” Nearly 400 comments were submitted in response with the vast majority opposing the delay, including comments from The Arc and from school districts already in the implementation process. The Department cited concerns about creating incentives for quotas and the need to study the issue further as justification for postponement. The Arc is very disappointed with the Department’s action and remains very concerned about the disproportionate numbers of minority students being over identified with certain types of disabilities, placed in segregated settings, and suspended and/or expelled.

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