Attorney General Kwame Raoul, together with California Attorney General Rob Bonta, has led a coalition of attorneys general in submitting a comment letter to the U.S. Department of Education. The letter opposes a proposal that would remove certain reporting requirements designed to identify and address race- and ethnicity-based disparities in special education.
“Data and research have shown for decades that students are disproportionately identified for special education and related services based on race and ethnicity,” Raoul said. “Placement in such services should be based on a student’s need. It is important that these imbalances are accurately documented so that they can be identified and addressed.”
The Individuals with Disabilities Education Act (IDEA) requires the Department of Education to monitor significant disproportionality, which refers to the overrepresentation of students from certain racial or ethnic groups in special education programs or disciplinary actions. On August 22, 2025, the department proposed eliminating the requirement for states to submit changes to their methodologies for identifying significant disproportionality for federal review. In October 2025, Raoul and other attorneys general submitted comments against this change.
On January 9, 2026, the department issued another request for public comment regarding its proposal. In response, Raoul and the coalition reiterated their opposition. They argue that removing these reporting requirements would reduce oversight of state methodologies and limit states’ ability to ensure equal opportunities for all students. The coalition also stated that previous comments about these concerns were not adequately addressed by the department.
The comment letter further argues that the administrative burden on states from reporting this data is minimal compared to the benefits of tracking disparities in special education placement and discipline.
Attorneys general from Arizona, Colorado, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington joined Raoul and Bonta in filing the letter.
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