California Attorney General Rob Bonta, along with attorneys general from 15 other states, has submitted a comment letter opposing a proposal by the Trump Administration to remove certain reporting requirements related to special education. The requirements in question help the U.S. Department of Education monitor whether local education agencies show significant disparities in identifying students for special education programs based on race.
Attorney General Bonta emphasized the importance of these requirements: “The Trump Administration wants to get rid of reporting requirements that help shine a light on race-based disparities in special education for students with disabilities,” said Attorney General Bonta. “The disturbing reality is that children of color are disproportionately — and often mistakenly — represented in special education. Transparency in identifying and reporting this data is critical to addressing longstanding racial and ethnic inequities that remain pervasive and deeply problematic in our classrooms today. I stand with attorneys general from across the country in defense of efforts to improve, not obscure, how this data is collected and measured to build a better educational system that lifts up and supports all our students.”
Research has shown that children of color are identified as having disabilities at higher rates than their peers, which can lead to improper placement and reduced access to appropriate educational services. According to Bonta’s office, misidentification raises concerns about fairness in both educational opportunities and outcomes.
The current regulations under the Individuals with Disabilities Education Act (IDEA) require states to report changes in their methods for calculating significant disproportionality in special education identification. The proposed rule would eliminate this requirement, with the Department of Education arguing it would reduce administrative burden for states. However, Bonta and his colleagues argue that submitting or updating methodologies is not burdensome, as it typically involves only a one-time submission unless standards change.
Bonta’s coalition warns that removing the reporting requirement could prevent federal oversight of state practices and make it harder to identify when racial or ethnic overrepresentation occurs. Without transparent reporting, decisions about corrective actions could happen without public scrutiny or Department oversight.
In their letter, the attorneys general urge the Department of Education not to proceed with its proposed rule change. They state that eliminating these obligations undermines efforts to ensure equal educational opportunities for all students and prevents necessary oversight.
The coalition includes attorneys general from Illinois, Arizona, Colorado, Delaware, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
A copy of the letter can be found here.
