**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. **
The Q&A is a guidance document that includes questions and answers on the rule, including the standard methodology; remedies; effective and compliance dates; and a glossary of terms. It is intended to be used as a resource for states as they begin engaging with stakeholders around the implementation of the final rule.
The Model State Timeline outlines the different streams of work and the timelines that states should consider as they implement the new rule.