02.23.16

Scott Applauds Department of Education Action to Address Fairness in Special Education for Students of Color

WASHINGTON – Ranking Member Robert C. “Bobby” Scott (VA-03) issued the following statement after the U.S. Department of Education issued a Notice of Proposed Rulemaking for an ‘Equity in IDEA’ rule, aimed toward addressing widespread disparities in the treatment of students of color with disabilities:

“I applaud today’s announcement from the U.S. Department of Education (Department), which aims to address widespread disparities in the treatment of students of color with disabilities through a newly proposed rule to improve equity in the Individuals with Disabilities Education Act (IDEA). This proposal marks an important step forward in our collective fight for educational equity. The Department’s data is clear and the hard truth is that children of color are far more likely than their white peers to be identified as having a disability, educated in a segregated setting, and face exclusionary discipline.

“When Congress reauthorized the Individuals with Disabilities Education Act (IDEA) in 2004, my colleagues and I sought to right this egregious wrong by requiring states, for the first time, to identify districts with gross disparities and direct federal resources to address this national crisis. Yet implementation of the IDEA has left this clearly articulated Congressional intent unfulfilled.

“Despite clear and convincing evidence of pervasive and “significant disproportionality,” as documented by a 2013 GAO report, less than three percent of school districts nationwide are working to eliminate and prevent these disparities, jeopardizing educational opportunity for thousands – if not millions – of children of color.  We know that African American students are over-identified for special education services. We also know that black students with disabilities are more likely to be suspended or expelled. Combatting this persistent problem is crucial to dismantling the School-to-Prison Pipeline.

“Simply put, too many States have failed to uphold their responsibility under the IDEA. The Department’s proposed Equity in IDEA rule would fulfill the intent of the 2004 law by requiring states to use a standard method to determine disparities, increasing transparency for parents and communities, and ensuring students get the services and supports they deserve and need to be successful in college and career. This action is long overdue.”

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