The proposed Equity in IDEA rule would, for the first time, require states to implement a standard approach to compare racial and ethnic groups, with reasonable thresholds for determining when disparities have become significant. That determination is critical to ensuring students get the supports they need and deserve. Once identified as having a significant disproportionality, the district must set aside 15 percent of its IDEA, Part B funds to provide comprehensive coordinated early intervening services. Further, the policies, practices, and procedures of the district must be reviewed, and, if necessary, revised to ensure compliance with IDEA.

The proposed rule would also provide identified districts with new flexibility to support the needs of students. The department has proposed to broaden the allowable uses of the 15 percent set aside, currently used to fund early intervening services, to include services to students with and without disabilities, from ages 3 through grade 12. Up until now, identified districts could only use these funds to support students without disabilities, and only in grades K through 12, severely limiting the use of interventions that might address early needs and reduce disparities in the placement and discipline of students with disabilities.