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.

Published by

Kevin Ohlandt

I am a proud parent of a son with Tourette's Syndrome and several other co-morbidities. I write on this blog to educate other parents so they know a bit more about not only special education, but all the really bad things that are happening with public schools in Delaware and the USA. We are all in this together, and if our children aren't able to advocate for themselves it's up to us parents! We need to stop letting companies run our schools, and demand our children get a proper education. Our Departments of Education in our states have become weak with fear from the bullying US DOE, and we need to take back our schools!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.