By Christina Samuels
The U.S. Department of Education is delaying, by two years, implementation of a rule that would require states to take a closer look at how school districts identify and serve minority students with disabilities.
The “Equity in IDEA” rule, issued by the Obama administration in December 2016, would have gone into effect for the 2018-19 school year. It created a new process for states to follow when they monitor how districts identify minority students for special education, discipline them, or place them in restrictive classroom settings.
The Individuals with Disabilities in Education Act requires this monitoring. Districts found to have “significant disproportionality” in one or more of these areas must set aside 15 percent of their federal special education funding to spend on remedies.
States have always been in charge of determining how significant a problem must be before it merits the set-aside. And, just a fraction of the nation’s school districts have ever been identified as having problems severe enough to require federal dollars to remedy. (About 3 percent of districts were identified in the 2015-16 school year.)