October 21, 2025

Ross Santy
Chief Data Officer
Office of Planning, Evaluation and Policy Development
U.S. Department of Education
400 Maryland Ave SW, LBJ, Room 4A119
Washington, DC 20202– 1200

RE: ED– 2025–SCC–0481

Submitted via regulations.gov

Dear Mr. Santy,

I write on behalf of The Arc of the United States, a national organization dedicated to advocating for the rights and well-being of individuals with intellectual and developmental disabilities (IDD). I appreciate the opportunity to provide comments on the U.S. Department of Education’s proposal to eliminate the Significant Disproportionality data reporting requirement under IDEA Section 618(d) and 34 CFR §§ 300.646 and 300.647 from Section V of the Annual State Application under Part B of IDEA.

The Arc of the United States has nearly 600 state and local chapters across the United States. These chapters provide a wide range of services for people with intellectual and developmental disabilities (IDD), including individual and systems advocacy, public education, family support, systems navigation, support coordination services, employment, housing, support groups, and recreation. The Arc chapters are committed to improving the lives of people with IDD and their families.

The Arc has long emphasized the critical need for robust state policies and practices to identify and address significant racial and ethnic disparities in special education. Since IDEA was amended in 2004, The Arc has supported legislative and regulatory efforts that hold states accountable for addressing racial disproportionality in identification, placement, and disciplinary actions. Consistent with this longstanding commitment to full implementation and transparency in IDEA, The Arc urges the Department to rescind this proposal.

The Proposal Undermines Congressional Intent to Address Racial Disparities in Special Education
When Congress reauthorized IDEA in 2004, it made clear that addressing racial and ethnic disproportionality was a priority, designating it as one of three key focus areas. Congress also encouraged the Secretary to closely examine the data collected under IDEA Section 618(a) and provided resources under Section 616(i) to help states address disparities. The Equity in IDEA regulations and the data reporting required in Section V of the State Application were designed to operationalize these priorities and to tackle longstanding issues of racial disparity and noncompliance with IDEA.

Despite these efforts, disparities persist. As the Department has reported to Congress :

• Black or African American students with disabilities are more likely to be identified with an intellectual disability.

• Over 33% of Black students with disabilities spend most of their school day in separate classrooms.

• Black students with disabilities are twice as likely to be expelled and four times as likely to be suspended.

In 2022 alone, 905 of 15,283 local education agencies were required to use IDEA funds for Comprehensive Coordinated Early Intervening Services (CCEIS) due to significant disproportionality.

Congress explicitly called on the Department to ensure states take necessary steps to work with local districts to remedy racial disparities and to maintain referral and identification processes that are clear, consistent, and protected from misuse. By eliminating Section V, the Department risks enabling exactly the kind of misuse Congress warned against. This change would leave the Office of Special Education Programs (OSEP) unaware of changes to state methodologies for identifying disproportionality, changes that are currently tracked through Section V.

Additionally, this proposal—along with the recent decision to stop funding the Technical Assistance Center on State Data Collection—further weakens the Department’s capacity to support states in meeting IDEA’s equity requirements. This conflicts directly with the law’s intention to prioritize racial equity in special education policy and practice.

The Proposal Reduces Transparency and Excludes Parents and Stakeholders
The Arc has consistently championed transparency, accessibility of data, and meaningful stakeholder engagement, especially for parents and guardians, school personnel, and disability advocates. Under current rules, states are required to publicly report on revisions to policies and procedures related to significant disproportionality and provide at least 30 days for public comment. These requirements are tied directly to Section V of the Annual State Application.

Executive Order 14191 emphasizes the federal government’s commitment to supporting parents’ rights in guiding their children’s education. Eliminating Section V would undermine that commitment by removing a critical avenue for families to learn about, understand, and respond to changes in how states monitor racial disparities in special education.

This proposal effectively eliminates the only public notification mechanism for changes to how states identify significant disproportionality. Without it, parents and stakeholders lose access to essential information about:
• Whether race plays a role in how students are identified for special education services.
• Whether children are placed in more restrictive settings.
• Whether disciplinary actions disproportionately affect certain racial or ethnic groups.

Parents and advocates need this information to make informed decisions, and to participate meaningfully in the development and oversight of policies impacting children with disabilities. Removing Section V cuts them out of that process and undermines IDEA’s core principles of transparency and stakeholder engagement.

For all the reasons outlined above, The Arc urges the Department to withdraw its proposal to remove Section V of the Annual State Application. Maintaining this requirement is essential to:

• Upholding Congressional intent.
• Ensuring meaningful monitoring and enforcement of IDEA’s equity provisions.

• Preserving transparency and stakeholder engagement.

The Arc appreciates the opportunity to submit these comments and welcomes the chance to further discuss this issue. Please reach out to Robyn Linscott (linscott@thearc.org) with any further questions.

Sincerely,
Robyn Linscott
Director of Education and Family Policy
The Arc of the United States