Office of the
Illinois Attorney General
Kwame Raoul

Chicago — Attorney General Kwame Raoul co-led a coalition of attorneys general in filing a comment letter opposing a U.S. Department of Education proposal to remove certain reporting requirements that help the department uncover significant disproportionality in the identification and placement of children in special education programming and in the discipline of children, based on race and ethnicity.

“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 U.S. Department of Education, through the Individuals with Disabilities Education Act (IDEA), has for years sought to bring critical awareness to significant disproportionality, which is the overrepresentation of students identified for or placed in special education programming or subjected to discipline, based on race and ethnicity. The department has also sought to ensure that state and local educational agencies are working to address the discrepancies. However, on Aug. 22, 2025, the department announced a proposal to drop the requirement that states submit for review changes to the methodologies they use to identify significant disproportionality. In October 2025, Raoul co-led a coalition of attorneys general in submitting comments opposing the change.

On Jan. 9, 2026, the department announced a second request for public comment regarding its proposal. In their comment letter responding to that request, Raoul and the coalition once again urge the department to reconsider and withdraw its proposal. Raoul and the coalition argue that the proposal removes valuable oversight of state methodologies and harms states’ abilities to ensure equal opportunities and outcomes for all students. The attorneys general also argue that the administration failed to adequately address comments made in response to the department’s previous announcement of its planned removal of these important reporting requirements.

In the comment letter, the coalition also asserts that the department’s proposal to remove the requirement overestimates the administrative burden for states that report this data. The letter notes that the reporting burden is minimal, and the benefits of tracking this important information outweigh any potential burdens to states when collecting and reporting the data.

Attorney General Raoul co-led the comment letter with California Attorney General Rob Bonta. Joining them in filing the letter are the attorneys general of Arizona, Colorado, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington.