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Judge Rules Against Education Department on Delay of Special Education Rule

Friday, March 15, 2019

Recently, the U.S. Department of Education “significant disproportionality” delay was overturned in the Courts. Last week, U.S. District Judge Tanya Chutkan ruled that the U.S. Department of Education violated law when it delayed the implementation of “significant disproportionality” under IDEA. The ruling in the United States District Court for the District of Columbia means the 2016 regulations immediately go into effect.

Wisconsin will continue to move forward with using revised criteria for “significant disproportionality” (developed from stakeholder input over the last year); in most categories, the revised criteria will identify districts when students within a racial/ethnic category are “twice as likely” as their peers to be identified, disciplined, or placed in a particular education environment. We believe that our revised criteria is connected to continuous improvement work in closing race-based achievement gaps and makes identifications more meaningful and manageable for stakeholders.