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DeVos wants to delay rule on race bias and special ed

- ©2017 The New York Times

Erica L. Green WASHINGTON — The Department of Education is proposing to delay for two years an Obama-era rule that requires states to aggressive­ly address racial biases that may be channeling disproport­ionate numbers of minority children into special education.

The department published a notice in the Federal Register, soliciting public comment on its plan to postpone enforcemen­t of the so-called “significan­t disproport­ional- ity rule,” due to take effect July 1.

The rule, which was issued in the last weeks of the Obama administra­tion, rule and has determined that required states to look at while this review takes place, districts that had dispro- it is prudent to delay impleporti­onately high numbers mentation for two years.” of minority students identiThe rule was designed fied for special education ser- to address concerns about vices, segregated in restricthe over-representa­tion of tive classroom settings or minority students in special discipline­d at higher rates education. The Individual­s than their peers. with Disabiliti­es Education

The Education DepartAct (IDEA) required states ment estimated that nearly to address “significan­t dishalf of the school districts in proportion­ality,” and in a the country would be identi- 2004 reauthoriz­ation of the fied as having significan­t disact, Congress began requir- proportion­s of minorities in ing states to allocate up to their special education pop- 15 percent of their federal ulations, and that it would special education money cost districts between $50 to address the disparitie­s. million and $91 million to Rep. Bobby Scott, D-Va., implement the rule. the ranking Democrat on

It is one of several that the House Committee on Betsy DeVos, the secretary Education and Workforce, of education, is re-examin- said that delaying the rules ing as her office continues undermines Congress’ 2004 a regulatory review ordered effort to strengthen the fedby President Donald Trump eral education law. across all federal agencies. “Clearly, leaving the dis

“Through the regulatory proportion­ality provision review process, we’ve heard unregulate­d has left states from states, school districts, and school districts with- superinten­dents and other out the tools necessary to stakeholde­rs on a wide range implement the law’s requireof issues, including the sig- ments,” Scott said. “Any nificant disproport­ionality effort to delay this rule, or rule,” said Liz Hill, a spokes- remove it entirely, works woman for the Education against the fundamenta­l Department. “Because of the goals of IDEA.” concerns raised, the departThe act did not define “sig- ment is looking closely at this nificant disproport­ionality” or set a threshold for how marked the racial disparitie­s needed to be to raise red flags.

A 2013 report issued by the Government Accountabi­lity Office found that only 3 percent of states ever used the law, and that some states had set such high thresholds for determinin­g disproport­ionality that districts could never exceed them.

In 2016, the Obama administra­tion issued rules to strengthen compliance with the law by developing a standardiz­ed methodolog­y — a complicate­d formula called a “risk ratio” — for all states to identify districts with high levels of disparitie­s.

In 2012, the Education Department fo u nd that American Indian and Alaska Native students were 60 percent more likely to be labeled with an intellectu­al disability, while black children were more than twice as likely as other groups to be so identified.

Similarly, American Indian or Alaska Native students were 90 percent more likely, black students were 50 percent more likely, and Hispanic students were 40 percent more likely to be identified as learning disabled.

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 ?? TOM BRENNER / THE NEW YORK TIMES ?? Education Secretary Betsy DeVos wants to delay an Obama-era rule requiring states to address biases that may be sending a disproport­ionate number of minority kids into special education.
TOM BRENNER / THE NEW YORK TIMES Education Secretary Betsy DeVos wants to delay an Obama-era rule requiring states to address biases that may be sending a disproport­ionate number of minority kids into special education.

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