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Delay in Implementing IDEA Regulations Harms Children

Friday, June 29, 2018   (0 Comments)
Posted by: Denise Marshall

In swift reaction to the U.S. Department of Education’s final notice delaying the implementation of regulations on significant disproportionality, known as the Equity in IDEA regulations, Denise Marshall, executive director for the Council of Parent Attorneys and Advocates (COPAA) issued the following statement: 

“Today’s decision to delay the Equity in IDEA regulations is a direct offense to children, especially children of color. By doing so, the U.S. Department of Education abrogates its responsibility and promotes a harmful policy that stalls much needed reform. In short, the Department is now complicit in school and district actions that harm our most vulnerable children.” 

Marshall continued, “States should not assume this delay will remain on the books long.  The Department's actions are both bad policy and legally flawed, and COPAA is considering all its legal options to overturn the delay. We urge every State to comply with the Equity in IDEA regulations now. Compliance with these regulations will address the serious issues of racial disproportionality while ensuring that every student with a disability receives the special education and related services to which they are entitled, regardless of race or ethnicity.” 

The Equity in IDEA regulations require States to update their method in determining which of their school districts may be engaging in unlawful practices that result in significant disproportionate numbers of students of color being inappropriately identified as students with disabilities, being placed in inappropriate educational settings and being inappropriately suspended, expelled, secluded and restrained. 

The final notice will be published Monday (July 3rd) in the Federal Register to delay the compliance date for the 2016 final Equity in IDEA regulations implementing the Individuals with Disabilities Education Act (IDEA) requirement addressing significant disproportionality.


Read the Notice Delaying Equity in IDEA regulations.


Read COPAA’s full letter to ED opposing the delay

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