States have an obligation, under 20 U.S.C. 1418(d) and 34 CFR §300.646, to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the State and LEAs of the State with respect to the identification of children as children with disabilities, including identification as children with particular impairments; the placement of children in particular educational settings; and the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
States must make this determination on an annual basis. When the State educational agency (SEA) identifies LEAs with significant disproportionality in one or more of these areas based on the collection and examination of their data, States must:
1) provide for the review (and, if appropriate) revision of policies, procedures, and practices;
2) require the LEA to reserve the maximum amount of funds to be used for early intervening services; and,
3) require the LEA to publicly report on the results of the revision of policies, procedures, and practices.
The U.S. Department of Education took a critical step toward addressing widespread disparities in the treatment of students of color with disabilities, proposing a new rule to improve equity in the Individuals with Disabilities Education Act (IDEA). Read More…
- BSE Penn*Link: Significant Disproportionality
August 26, 2013