Accountability elasticity in relation to US federal legislation at the intersection of race and disability

Abstract

In this chapter, we examine how United States federal administrations mediate local actors’ accountability for educational equity in relation to accountability structures present in federal education legislation that are particularly relevant for students of color with disabilities. After detailing important legislation toward equity for students of color with disabilities, emphasizing those accountability structures connected to this legislation related to special education and discipline disproportionality, we introduce a framework of accountability elasticity. This framework supports analysis of how federal administrations have employed certain actions to expand and contract how local policy actors can leverage accountability structures connected to existing legislation. More specifically, we describe how recent U.S. federal administrations, and specifically Presidents, Secretaries of Education, and Assistant Secretaries of the U.S. Department of Education’s Office for Civil Rights have employed the three elements of accountability elasticity-accountability beneficiary elasticity, accountability context elasticity, and accountability transparency elasticity-through actions such as executive order, rulemaking, guidance. Because these moves fall outside the purview of U.S. Congressional action, they are less subject to legislative scrutiny and in turn, reflect the educational agendas of each particular administration. When those administrations prioritize educational equity, accountability is expanded, and when they do not, accountability is contracted, as it was significantly under the Trump/DeVos administration. Finally, we discuss the implications for addressing the previous administration’s contractions of accountability for equity from 2017-2021 as the new Biden/Cardona seek to expand it amidst an onslaught of state legislation to constrain equity-focused curriculum, instruction, and funding.