United States Department of Education Issues Notice of Proposed Rulemaking

Today, the United States Department of Education (“USDOE”) issued a Notice of Proposed Rulemaking (“NPRM”) regarding significant disproportionality.  According to the USDOE, the NPRM will amend Part B of the IDEA regulations to address widespread disparities in the treatment of students of color with disabilities.  Specifically, the proposed regulations would:

 (1) establish a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and in its local educational agencies (“LEAs”);

(2) clarify that States must address significant disporportionality in the incidence, duration, and type of disciplinary actions,  including suspensions and expulsions, using the same statutory remedies required to address significant disproportionality in the identification and placement of children with disabilities;

(3) clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found; and

(4) require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services and allow such services for children from age 3 through grade 12, with and without disabilities.

Public comment will be accepted though the Federal eRulemaking portal at www.regulations.gov or via postal mail, commercial delivery or hand delivery to:

Kristen Harper
U.S. Department of Education,
550 12th Street SW., Room 5109A
Potomac Center Plaza
Washington, D.C. 20202-2600

 

No public comment will be accepted via fax or by email. Public comment will be accepted for approximately 75 days after the date of the publication of the NPRM in the federal register.  If you intend to submit comments electronically, the USDOE recommends that you submit any comments or attachments in Microsoft Word.  If you submit a comment in Adobe Portable Document Format (“PDF”), the USDOE strongly encourages you to convert the PDF to print-to-PDF or some other commonly used searchable text format so as to allow the USDOE to be able to electronically search and copy.  The USDOE specifically requests that you do not submit scanned pdf documents. 

To view an unofficial copy of the NPRM, click on the link below.

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