Education Department Will Appeal on Equity in IDEA Rule

In The Politics of Autism, I write about special education and the Individuals with Disabilities Education Act.

The US Department of Education will appeal a judge's decision concerning minority students in special education. Christina Samuels reports at Education Week:

Under Education Secretary Betsy DeVos, the department has moved to put off the Equity in IDEA rule by two years for further study, saying it might prompt special education quotas.

But U.S. District Court Judge Tanya Chutkan's decision March 7 vacated the Education Department's delaying action. She ruled that the delay is a violation of the Administrative Procedure Act, which governs how federal agencies propose and implement regulations.

Since that decision, there had been little word from the department—other than the notice of appeal, dated May 6—about what it planned to do in the wake of the judge's ruling. DeVos has been asked about the decision by lawmakers and recently said the department was "moving towards implementation."

In response to the U.S. Department of Education’s decision to file a notice of appeal of the March 7, 2019 judicial decision in COPAA v. DeVos, theCouncil of Parent Attorneys and Advocates (COPAA) issued the following statement:

“COPAA is aware the U.S. Department of Education has filed a notice of appeal in COPAA v. DeVos. We hope this is a procedural measure; COPAA is in the process of learning more. Of course, states are still required to carry out the Equity in IDEA regulations regardless of the legal proceedings and we urge them to come into compliance as required by law. Ideally, the Department will avail themselves to states and provide the technical assistance and support states need as they move forward to help districts with this important undertaking.”