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The Department intends to amend regulations implementing the Individuals with Disabilities Education Act’s (IDEA) provisions pertaining to significant disproportionality. Specifically, the Department intends to amend 2016 regulations that established a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and set specific programmatic requirements on how states are required to comply with Section 618(d)(2) of the IDEA.

Statement of Need:

The Individuals with Disabilities Education Act (IDEA), codified at 20 U.S.C. 1400-82, requires that the Secretary must ensure that all regulations implementing IDEA are compliance with federal civil rights laws and uphold both procedural and substantive protections under IDEA including ensuring that all children with disabilities are identified, evaluated and receive special education and related services for which they are eligible.

Summary of the Legal Basis:

The U.S. Department of Education (ED) has statutory authority under IDEA, codified at 20 U.S.C. 1400-82 to propose, issue, amend, or repeal regulations that implement the law.

Alternatives:

Alternatives will be discussed in the notice of proposed rulemaking and final rule.

Anticipated Costs and Benefits:

Anticipated Costs and Benefits will be discussed in the notice of proposed rulemaking and final rule.

Risks:

Risks will be discussed in the notice of proposed rulemaking and final rule.