AG Raoul Leads 19-State Challenge To Education Department Plan On Racial Disparity Reporting

CHICAGO – Attorney General Kwame Raoul co-led a coalition of 19 attorneys general today opposing the U.S. Department of Education’s proposal to remove certain reporting requirements related to racial and ethnic disparities in special education, including in disability identification and in suspension and expulsion rates for children with disabilities.

In a comment letter, Raoul and the attorneys general urge the department to maintain opportunities for oversight and collaboration, rather than obscuring trends in the racially disproportionate identification and discipline of students with disabilities. The letter also addresses the coalition’s concern that the proposal will make it harder for states, researchers, advocates and parents to access the data they need to address the root causes of inequities in special education and discipline and ultimately eliminate their harmful effects on students.

“I urge the U.S. Department of Education to maintain reporting requirements that keep a national spotlight on essential data needed to address racial inequities in special education and student discipline,” Raoul said. “I will continue to push back on the department’s efforts to retreat from its obligations to ensure an equal and appropriate educational environment for all students with disabilities, regardless of race. Now more than ever, the right of students in Illinois and across the country to access quality education is at risk.”

Raoul and the coalition argue that data and analyses are crucial for the U.S. Department of Education and interested stakeholders to identify whether students with disabilities or students with disabilities who are of a particular racial or ethnic group are disciplined more often than their peers. They also argue the data can show if students of a particular race or ethnic group are disproportionately identified in specific disability categories.

By proposing to eliminate these reporting requirements, the U.S. Department of Education seeks to retreat from Congress’ intent, expressed in the Individuals with Disabilities Education Act (IDEA), to assess and address the overrepresentation along racial lines of students identified for or placed in special education programming or subjected to discipline. The Trump administration has sought to weaken these efforts, first by dropping a requirement that states submit for review changes to the methodologies they use to identify significant disproportionality, and now by eliminating additional categories of data states must report annually about their special education programs.

Recognizing Illinois’ strong interest in ensuring equal opportunities for all students, regardless of race or disability, Raoul has co-led coalitions of attorneys general opposed to both the significant disproportionality methodology change and the Department of Education’s current move to hamper decades-long efforts to address disparities in special education.

Stakeholders have successfully used this data to develop guidance for states to improve practices around school discipline, identify common challenges and collaborate to address issues of concern. Under the proposed revisions, the data will only be available in a format that is not easily accessible to the public. As a result, states, advocacy groups and families will lose meaningful access to this important data that can be used to advocate on behalf of students.

In their letter, Raoul and the coalition request the department retain its methodologies for reporting race-based disparities for students with disabilities in the State Performance Plans and Annual Performance Reports. The coalition argues that removing the reporting requirements will:

• Undermine Congress’ intent that the department gather relevant and accessible data to address disparities and runs contrary to the history and aspirations of the IDEA.
• Reduce the reporting burden on states by only 0.4%, which does not justify the loss of important data essential for transparency and problem-solving tools that give students equal access to education, as required by the statute.
• End much needed oversight and opportunities for collaboration with the department to address disparities in school discipline and restrictive placements for children with disabilities, including students of color with disabilities.

Joining Raoul in filing the comment letter are the attorneys general of Arizona, California, Colorado, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington.

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