USDE Delay Tactic Vacated by Federal Judge, Significant Disproportionality Rule Now Goes Into Effect (March 9, 2019)

On Thursday, March 8, 2019, a federal judge in the United States District Court for the District of Columbia ruled that Education Secretary Betsy DeVos illegally delayed an Individuals With Disabilities Education Act rule under the Obama administration that required states to identify school districts with “significant disproportionality” in the number of minority students channeled into special education services, segregated in restrictive classroom settings, or disciplined. The ruling called the USDE’s delay of the special education rule “arbitrary and capricious.” The ruling also vacates the decision by Secretary DeVos to incur a two-year delay on the regulation, which instead must immediately go into effect as states are now required to identify school districts with “significant disproportionality.”