Federal Judge Vacates Betsy DeVos’ Special Education Regulation “Delay”
On July 1, 2018, states and local education agencies (LEAs) receiving federal funding were supposed to be in compliance with US Department of Education (USDOE) “2016 Regulations” in order to demonstrate consistency across states in determining special education eligibility. The USDOE motivation behind its 2016 Regulations was to have states effectively address and modify special education determination that resulted in disproportionate numbers of children of color in special education.
Betsy DeVos
Two days after the July 1, 2018, deadline for 2016 Regulations compliance, on July 3, 2018, US ed sec, Betsy DeVos, decided to issue her own “delay regulation,” in which she and her USDOE questioned the issue of the 2016 Regulations producing quotas– an issue addressed in depth in the 2016 Regulations– even as she undercut her own professed concerns about the 2016 Regulations producing quotas by allowing states to still use the 2016 Regulations if they so chose.
On July 12, 2018, DeVos and the USDOE were sued by the Council of Parent Attorneys and Advocates (COPAA), an organization that US District Judge Tanya S. Chutkan determined to have standing in the case.
USDOE filed a motion to dismiss, and Chutkan said no. Instead, Chutkan found that DeVos’ USDOE (also referred to as “the government”) issuance of a “delay CONTINUE READING: Federal Judge Vacates Betsy DeVos’ Special Education Regulation “Delay” | deutsch29
