Notice of Proposed Rulemaking (NPRM) on Significant Disproportionality

Dear Colleague:

Today, the U.S. Department of Education (Department) published in the Federal Register a notice of proposed rulemaking (NPRM) concerning the Department’s significant disproportionality regulation published December 19, 2016.

The Department is proposing to postpone the compliance date for implementing the significant disproportionality regulations by two years, from July 1, 2018, to July 1, 2020. The Department is also proposing to postpone the date children ages 3 through 5 must be included in the analysis of significant disproportionality, from July 1, 2020, to July 1, 2022. We are proposing to postpone the compliance date in order to thoroughly review the significant disproportionality regulations and ensure that they effectively address the issue of significant disproportionality and best serve children with disabilities. This analysis is part of the Department’s Regulatory Reform activities pursuant to Executive Order 13777, “Enforcing the Regulatory Reform Agenda.”

A 75-day comment period begins today. You can submit your written comments online at: At this website, you will also find instructions for accessing agency documents, submitting comments, and viewing the docket. You may also submit hard copy comments via postal mail, commercial delivery, or hand delivery. The NPRM contains specific instructions for submitting these comments.