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BALTIMORE, MD – Attorney General Anthony G. Brown today joined 15 other attorneys general in filing a comment letter opposing the U.S. Department of Education’s (Department) proposal to remove certain reporting requirements that help the Department identify significant disproportionalities in special education programming for children with disabilities based on race. Attorney General Brown and the coalition argue that the Department’s proposal removes valuable oversight of state methodologies, overestimates the burden the current reporting requirements place on states, and harms states’ abilities to ensure equal opportunities and outcomes for all students. Attorney General Brown and the coalition also argue that the Department has failed to adequately address comments made in response to the proposal’s previous announcement.
On August 22, 2025, the Department announced a proposal to no longer require states to submit to the Department for review changes to the methodologies they use to identify significant disproportionalities in special education programming for children with disabilities based on race. On January 9, 2026, the Department announced a second request for public comment regarding its proposal.
In today’s letter, Attorney General Brown and the coalition once again urge the Department to reconsider and withdraw its proposal. In the letter, Attorney General Brown and the coalition argue that:
- The Department’s proposal would end much-needed oversight and prevent it from fulfilling its obligation to assess changes states make to their methodologies for assessing significant disproportionalities based on race.
- The Department has failed to adequately address public comments made in response to its August 2025 announcement of the proposal, including the common sentiment that the public values the collection and publication of states’ methodologies.
- To justify its proposal, the Department relies on an overestimation of the burden the affected reporting requirement places on states. From states’ experiences, the reporting burden is both minimal and worth bearing to identify and address significant disproportionality.
- Eliminating the states’ obligation to report changes to their methodology for calculating significant disproportionate representation in special education undermines the states’ interest in ensuring public transparency and equal educational opportunities and outcomes for all students, including students of color and students with disabilities.
Joining Attorney General Brown in filing today’s letter are the attorneys general of California, Illinois, Arizona, Colorado, Delaware, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
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