ACLU Comments on Equity in IDEA Compliance Delay

Document Date: May 14, 2018

The ACLU submitted these comments opposing the Department of Education’s proposed delay for compliance with the Equity in IDEA regulations on racial disproportionality in the education of students with disabilities. The Equity in IDEA regulations were issued in 2016 in response to long-standing problems in fulfilling a requirement of the Individuals with Disabilities Education Act (IDEA), to determine if significant disproportionality based on race and ethnicity is occurring in the identification of children with disabilities. The regulations required a common standard for identifying significant disproportionality in representation of students within special education, segregated school settings, and in receipt of disciplinary actions. The regulation also clarified states’ responsibility to address significant disproportionality in discipline. By delaying the rule, the Department would maintain this unfortunate status quo whereby districts lack any meaningful accountability for addressing significant disproportionality – and should thus plan to continue implementation as currently scheduled.