Regulation postponed two years to ensure effective implementation

By the Office of Special Education and Rehabilitative Services

WASHINGTON, DC (July 3, 2018) – The U.S. Department of Education published a final rule postponing the department’s significant disproportionality regulation by two years on July 3.

The department has postponed the compliance date for implementing the significant disproportionality regulations from July 1, 2018 to July 1, 2020. The department has also postponed the date children ages 3 through 5 must be included in the analysis of significant disproportionality from July 1, 2020 to July 1, 2022.

“We have postponed the compliance date in order to thoroughly review the significant disproportionality regulations and ensure that they effectively address the issue of significant disproportionality and best serve children with disabilities,” according to a department message sent to stakeholders June 29.

The department published the original regulation Dec. 19, 2016, and it issued a Federal Register notice of proposed rulemaking to postpone the compliance date Feb. 27, 2018.

“This review is part of the Department’s regulatory reform activities pursuant to Executive Order 13777, ‘Enforcing the Regulatory Reform Agenda,’” according to the department’s message. “It is important to note that states must continue to meet their statutory obligation to make annual determinations as to whether significant disproportionality exists in their LEAs [local education agencies].”

View final rule postponing compliance date

View notice of proposed rule making to postpone compliance date

View original regulation