U.S. DOE Sued By Special Education Advocacy Group Over Failure To Implement Regulation

According to Disability Scoop, the United States Department of Education is being sued by an organization called the Council of Parents Attorneys and Advocates for delaying a final rule regarding significant disproportionality.

In a federal lawsuit filed Thursday, the Council of Parent Attorneys and Advocates, or COPAA, alleges that the agency is skirting its obligation under the Individuals with Disabilities Education Act to ensure that students with disabilities receive appropriate services no matter their racial background.

The ruling was supposed to go into effect this year but the U.S. DOE delayed it for another two years.  However, this is a part of each school’s matrix for annual determinations for how they are implementing special education.

Despite the delay, states are allowed to implement the new standard if they wish to, the Education Department said, and they are still obligated under IDEA to assess school districts for significant disproportionality.

U.S. Secretary of Education Betsy DeVos is named in the lawsuit:

The lawsuit filed in U.S. District Court for the District of Columbia names DeVos and Assistant Secretary for Special Education and Rehabilitative Services Johnny Collett in addition to the department itself. It seeks to have a judge invalidate the Department of Education’s delay and reinstate the July 1 start date for the rule.

I seriously wonder why the U.S. DOE would put a delay on a ruling that makes absolute sense.

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