Regulation of Education Disproportionality


Secretary of Education

Director, Office of Special Education and Rehabilitative Services (OSERS)

Director, Office of Special Education Programs

Director of State Educational Agency

“Under the Individuals with Disabilities Education Act (IDEA), state education agencies (SEAs) bear the ultimate responsibility for ensuring the provision of a free appropriate public education (FAPE) to all children and youth with disabilities. 20 U.S.C. §1412(a)(11)(A). SEAs are required to engage in several administrative activities to fulfill this fundamental responsibility. One of the most significant involves compliance monitoring of local education agencies (LEAs). See, 34 C.F.R. §§ 300.125(b)(3); 300.128(b)(2); 300.556; and 300.600.”



Director of Local Educational Agency

Director of Special Education

IEP Facilitator

“A representative of the local educational agency who is qualified to provide, or supervise the provision of, special education, is knowledgeable about the general education curriculum and is knowledgeable about and authorized by the local educational agency to commit the available resources of the local educational agency.  115.78(1m)(d)….A principal, special education director, teacher, or anyone who can be sure the services in the IEP are provided to the child.  This person must know about the regular education curriculum and the school district’s resources.  The LEA representative must have the authority to commit resources.”

Teacher, Parent


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  • Julie  On February 5, 2012 at 2:36 pm

    I wonder where you get your data. SLP’s have to substantiate eligibility with standardized tests and data of progress. With our caseloads, there is no way we would take on a child that didn’t need it! That said, new regulations require language services that formerly were not covered if it could be shown that a child had a concommittent intellectual disorder. The result of that regulation is that practically any intellectually disabled child also receives language services.

    • schoolspeechpathology  On February 6, 2012 at 1:14 am

      Take a look at “About Us” for the premise, and consider the many posts covering disproportionality, over-identification, least restrictive environment and failure to dismiss. Consider actual clinical examples and the use of aggregate data. For IDEA 2004 renewal, consider how the law was changed to reduce LD over-placement because of issues of construct validity for test interpretation. We argue for improved skill development. Consider the content of “Themes of Interest II.’ Look at, “SLPs Can Lead Over-identification Preschool Prevention Programs.” Thanks for your comment. JMP

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