July 3, 2018 (83 FR 31306)

**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.

Change effective June 29, 2018

  • 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
  • Postpones compliance date of “Equity in IDEA” or “significant disproportionality” regulation, 81 FR 92376 published Dec. 19, 2016, by two years from July 1, 2018 to July 1, 2020
  • Postpones compliance date for including children ages three through five in the significant disproportionality analysis from July 1, 2020 to July 1, 2022

July 3, 2018 (83 FR 31306)
PDF