Dec. 19, 2016 (81 Fr 92376)

**On May 22, 2019, the Office of Special Education and Rehabilitative Services posted the following to the department’s site:

  • On May 6, 2019, the Department of Justice filed a Notice of Appeal in COPAA v. DeVos. The filing of this Notice of Appeal does not stay the district court order or alter the fact that the December 19, 2016 Equity in IDEA regulation on significant disproportionality is currently in effect.

** On May 20, 2019, the Office of Special Education and Rehabilitative Services posted the following to the department’s site:

  • Pursuant to the plain language of the December 19, 2016 Equity in IDEA regulation on significant disproportionality, and in conjunction with the March 7, 2019 decision in COPAA v. Devos, the department expects states to calculate significant disproportionality for the 2018–2019 school year using the 2016 rule’s standard methodology, or to recalculate using the 2016 rule’s standard methodology if a different methodology has already been used for this school year.

** The department postponed the compliance date of this regulation from July 1, 2018 to July 1, 2020 through 83 FR 31306 published July 3, 2018. The regulation also postpones the compliance date for including children ages three through five in significant disproportionality analysis from July 1, 2020 to July 1, 2022. **

Changes effective Jan. 18, 2017

  • Final regulations under Part B of the Individuals with Disabilities Education Act governing the Assistance to States for the Education of Children with Disabilities program and the Preschool Grants for Children with Disabilities program

These changes:

  • Establish a standard methodology states must use to determine whether significant disproportionality based on race and ethnicity is occurring in the state and its local educational agencies (LEAs);
  • Clarify that states must address significant disproportionality in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions, using the same statutory  remedies required to address significant disproportionality in the identification and placement of children with disabilities;
  • Clarify requirements for the review and revision of policies,  practices, and procedures when significant disproportionality is found; and
  • Require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities.

Dec. 19, 2016 (81 Fr 92376)
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