NASDSE Responds to the Department of Education on Recent Changes to Significant Disproportionality

We are deeply disappointed in the Department of Education’s abrupt decision to require states to use the standard methodology to calculate standard disproportionality for the 2018-19 school year.  The Administration delayed the equity in IDEA regulations and touted increased flexibility as a benefit.  Since the delay was challenged in the COPAA vs DeVos lawsuit and subsequently overturned, the Department has decided to unexpectedly change direction. 

Despite the Department's earlier decision to delay, the overwhelming majority of states elected to move forward and implement the regulations.  Those who instead opted to slow the process, revisit plans or further engage stakeholders are now being penalized.

From the beginning, NASDSE has been on the record in our desire to fully implement the regulations.  Additionally. the State Directors have always recognized significant disproportionality as a critical issue requiring a comprehensive solution, which would further the goals of the Individuals with Disabilities Education Act (IDEA), which is to receive a free and appropriate public education in the least restrictive environment. 

A new requirement of this magnitude deserves communication directly from the Department of Education with those responsible for implementation.  Moreover, conflicting and untimely direction from the Department is not helpful, nor does it create an effective or efficient means to serve the nation's students with disabilities.  

We look forward to future opportunities for the State Directors to collaborate on how to best educate and improve outcomes for students with disabilit