Judge Tells DeVos She Can’t Delay “Significant Disproportionality Rule” in Special Education
The goal at school ought to be providing appropriate curricula and support to enable each child to realize her or his promise. Under the Individuals with Disabilities Education Act, special education programs address the needs of children with disabilities. Over the years, however, it has become apparent that children of color have too often been assigned to special education. President Obama’s administration created a rule to address this situation, but Betsy DeVos delayed the rule’s implementation. Now a federal judge says DeVos’s department must enforce the rule and investigate whether children of color are being disproportionately misdiagnosed.
The “significant disproportionality rule” was supposed to go into effect last summer, but Betsy DeVos delayed implementation of the law for two years—until 2020. Last week, however, a federal court ruled that Betsy DeVos cannot elect to delay the rule’s implementation. The NY Times’ Erica Green reports: “In a decision on Thursday, Judge Tanya S. Chutkan of the United States District Court for the District of Columbia called the Education Department’s delay of the special education rule, ‘arbitrary and capricious.’… The rule, passed in the final weeks of the Obama administration, required districts to examine policies and practices that contributed to the disparities and fund remedies. The judge’s ruling vacates Ms. DeVos’s decision to put off the regulation by two years. Instead it will take effect immediately.”
Green explains how the rule will now be implemented: “Under the Obama-era rule, states must apply a standardized methodology, and establish a formula called a ‘risk ratio,’ to identify districts with high levels of disparities. Those found to have wide disparities would be required to set aside 15 percent of their federal funding to examine their policies and take corrective measures.”
Education law expert, Derek Black disdains Betsy DeVos’s arrogant attitude about enforcing rules to protect students’ rights: “For the second time this school year, Betsy DeVos got a CONTINUE READING: Judge Tells DeVos She Can’t Delay “Significant Disproportionality Rule” in Special Education | janresseger
