Appeal Dismissal is a Victory for Children with Disabilities Nationwide

MEDIA ALERT

WHAT: The U.S. Department of Justice has dismissed the U.S. Department of Education's (the Department) appeal of a federal court ruling finding that Education Secretary Betsy DeVos and the Department engaged in an “illegal delay” of the 2016 Equity in IDEA regulation. The regulation was designed to ensure that students with disabilities of color are protected from over- and under-identification, segregation and harsh discipline. This dismissal marks the end of a years-long attempt by the Department of Education to block the regulation and retreat from its obligation to stop the unlawful segregation and punishment of students with disabilities, particularly students of color with disabilities. The lawsuit was filed in July, 2018 by the Council of Parent Attorneys and Advocates (COPAA), who were represented by the National Center for Youth Law and Sidley Austin LLP.

BACKGROUND

• One of the purposes of the Individuals with Disabilities Education Act (IDEA) is to ensure that children with disabilities are provided the education services they need in the most appropriate setting without regard to their race.
• Many school districts do not correctly identify whether students of color need special education.
• Students of color who are wrongly identified as needing special education can be improperly placed in restrictive classrooms, lose access to challenging academics, and subjected to harsh and aversive disciplinary measures.
• The 2016 Equity in IDEA Regulation compels States and school districts to measure, examine, and, when appropriate, reduce significant disproportionality in the identification of students of color as students with disabilities for the purposes of IDEA, as well as in the educational placement and disciplining of students of color with disabilities under IDEA.
• The Equity in IDEA Regulation was supposed to go into effect on July 1, 2018, but the Trump Administration attempted to delay it.
• COPAA filed a lawsuit on July 12, 2018, in federal court challenging the Trump Administration's attempt to delay the 2016 Equity in IDEA Regulation. The court ruled in favor of COPAA on March 7, 2019.
• The 2016 Equity in IDEA regulation has been in effect since the court's decision.
• The U.S. Department of Education dismissed its appeal on September 12, 2019

WHO

• Denise Marshall, executive director, Council of Parent Attorneys and Advocates, “Finally, we hope this signifies that DeVos and her Department are ready to step up action to assure states implement the Equity in IDEA Regulations. Too many generations of children of color have been harmed by harsh discipline, unlawful suspensions, assignments to segregated and restrictive classrooms, and improper decisions of both under and over identification for special education. Clear rules to address significant racial disproportionately will help children receive the early intervening services and proper identification and supports they deserve.”
• Seth Galanter, attorney, National Center for Youth Law, “DeVos's efforts to delay the IDEA regulation were unreasonable, illegal and clearly harmful to kids. We are hopeful that she will now give states the chance to comply with this important civil rights regulation.”
• Jean-Claude André, partner at Sidley Austin LLP, “We are very pleased that the government has decided to accept the district court's important and impactful decision in this case.”