The Education Department is taking steps to implement a special education regulation following a federal judge’s order in March. (Anne Meadows/Flickr)
The U.S. Department of Education is telling states to follow a new special education regulation just weeks after saying it will continue fighting the rule in court.
In a posting on its website this week, the Education Department said that states should use a method outlined in an Obama-era regulation to measure what’s known as significant disproportionality.
Under the Individuals with Disabilities Education Act, states are required to identify school districts with high rates of students from particular racial or ethnic groups who have disabilities, are placed in restrictive settings or are subject to discipline. However, states have historically used different methods to assess