Disproportionality

After IDEA 2004 was enacted, regulations to control misidentification were disseminated by the Office of Special Education Programs (2/2/07). The regulations were entitled, DISPROPORTIONALITY AND OVERIDENTIFICATION. The document presented regulations communicated to all states. It is up to the states to communicate the regulations to local schools (SEAs).

Regulations:

“The State must have in effect…policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment…”

Each State … and the Secretary of the Interior… must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local educational agencies (LEAs) of the State with respect to:

The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in…the Act;

The placement in particular educational settings of these children; and

The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children….the State or the Secretary of the Interior must:

Provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the Act.

Require any LEA identified… reserve the maximum amount of funds …to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly overidentified under… of the IDEA regulations; and

Require the LEA to publicly report on the revision of policies, practices, and procedures described…

(Suspension deleted)

The State must monitor the LEA’s located in the State, using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in those areas, [including] disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification” (idea.ed.gov).

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