9. Reducing LD

The group determining the eligibility of pupils for learning disability status must also exclude non-disabled children from racial and ethnic groups. The group, therefore, must be in the business of applying exclusionary criteria to control for LD over-identification (IDEA 2004 regulations, Education Legacy):

“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. [34 CFR 300.600(d)(3)] [20 U.S.C. 1416(a)(3)(C)]”

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