Beginning August 10, 2017, the regulations implementing Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 34 C.F.R. Part 104, and the Individuals with Disabilities Education Act (“the IDEA”), 34 C.F.R. Part 300, will be revised to change references to “mental retardation” to “intellectual disability.”  The revisions are being made pursuant to Public Law 111-256, better known as Rosa’s Law.  Originally enacted in October 2010, Rosa’s Law is named for Rosa Marcellino, a child with Down Syndrome whose family advocated for more accurate and progressive terminology in legislation affecting individuals with disabilities.  The Marcellino family’s efforts are part of a larger trend toward replacing outdated or pejorative legal terms with language that acknowledges the dignity and capabilities of individuals with disabilities. Continue Reading Updated Federal Regulations: Rosa’s Law Changes Section 504 and IDEA References from “Mental Retardation” to “Intellectual Disability”

The United States Department of Education announced a new final regulation under Part B of the Individuals with Disabilities Education Act (“IDEA”).   The final regulations establish one standard States must use in determining (and seeking to eradicate) significant disproportionality based on race or ethnicity within its districts. The goal of the Department of Education in creating these new standards is to obtain consistent and accurate data across each of the states.

One of the highlights of the new regulations the Department of Education’s focus on disparities in the discipline of students with disabilities on the basis of race or ethnicity. Specifically, the regulations clarify that States must address significant disproportionality in three areas:

  • Incidence of discipline;
  • Duration;
  • and type of disciplinary actions, including suspensions and expulsions.

Accordingly, the final regulations clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found.

As part of requiring uniform reporting requirements, districts will be required to identify and address the factors contributing to significant disproportionality as part of comprehensive, coordinated early intervening services. In addition, new flexibilities will further help districts identified with large disparities in addressing the underlying causes of the disparity in order to root out the causes of disproportionality.

Districts should begin to prepare for these changes in practice by examining their own policies as well as speaking with an attorney about modifying existing policies as well as training staff in the reporting requirements.