May 14, 2018

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AASA Comments on Significant Disproportionality Regulation Delay

AASA was pleased to offer comments on the U.S. Department of Education's proposed delay of regulations on how to calculate significant disproportionality in IDEA. AASA had serious concerns with the 2016 disproportionality regulations issued in the waning days of the Obama Administration. 

While we agree and disagree with various aspects of the 2016 regulations issued under the Obama Administration we do not quibble on whether the Department had the authority to determine a methodology for findings of significant disproportionality including setting an “n” size for districts and assessing whether a risk-ratio threshold is reasonable. The Department did not have the legal authority to issue these regulatory provisions. Furthermore, the 2016 significant disproportionality regulations vary considerably from prior regulation and the underlying statute. After careful review we support a delay and reconsideration of the 2016 significant disproportionality regulations by the Trump Administration.

You can read our complete comments here