Significant Disproportionality— 20 U.S.C. 1418(d) and 34 CFR §300.646

As a separate obligation, the IDEA 2004 requires states to collect and examine data on an annual basis to determine whether “significant disproportionality” based on race or ethnicity is occurring in a district with respect to four different areas. The four areas are:

1. Identification for Eligibility: States determine if significant disproportionality exists among students with disabilities. This analysis does not consider if the identification is appropriate or inappropriate.
2. Identification for a Particular Category: States determine if significant disproportionality exists among students in particular eligibility categories. This analysis does not consider if the identification is appropriate or inappropriate.
3. Educational Settings: States determine if there is significant disproportionality among students with disabilities in particular educational settings, such as the general education classroom.
4. Discipline: States determine if there is significant disproportionality among students with disabilities receiving discipline, including the number of incidences, duration, and type of disciplinary actions, such as suspensions and expulsions.

Significant disproportionality is based solely on data analysis. The district’s policies, procedures, and practices are not factored into the determination. If a district’s verified ratio for the area of discipline is more than 3.0 for a particular racial/ethnic group in one year, the district is determined to have significant disproportionality. In the areas of identification for eligibility, identification for a particular category, or educational settings, the district’s verified ratio must be more than 3.0 for two consecutive years before being identified as having significant disproportionality. When a district has significant disproportionality, the IDEA requires three courses of action:

1. State Review—The state must review (and, if appropriate, revise) the policies, procedures, and practices used in some or all of the four areas monitored for significant disproportionality.
2. Public Reporting—The IDEA requires districts to publicly report on the results of its revision of policies, practices, and procedures used in identification, placement, or discipline of students with disabilities.
3. Coordinated Early Intervening Services (CEIS) Funding—The district is obligated to reserve 15 percent of the flow-through funds received under the IDEA for CEIS. To reserve the funds means the funds may only be used for approved CEIS. This is in contrast to districts without significant disproportionality, which may use up to 15 percent of the flow-through funds for CEIS, but are not required to do so. It is important to note that even if further analysis indicates all identification is appropriate, 15 percent of the funding must still be reserved for CEIS.

The district must maintain a database of the students who benefit from CEIS for three years. The district must also report to the OSE any students subsequently identified as eligible for special education services.

Early intervening services address the needs of all students before they are identified as needing special education services, and in some cases can prevent the need for special education services. Appropriate CEIS combined with proper identification procedures help ensure the best possible placement for students. The CEIS should include students in significantly over-represented groups as well as students from all racial/ethnic groups.

Considerations for Determining Significant Disproportionality for Identification in Special Education and in a Particular Category

The data collected for disproportionate representation is also the data used for significant disproportionality. The five racial/ethnic categories are African American, American Indian, Asian, Hispanic, and White. The six disability categories are emotional impairment, cognitive impairment, specific learning disability, speech and language impairment, other health impairment, and autism spectrum disorder.

Considerations for Determining Significant Disproportionality for Educational Settings

States are required to examine racial/ethnic representation for the following:

1. Students who receive special education and related services in the general education classroom for 40-79 percent of the day.
2. Students who receive special education and related services in the general education classroom for less than 40 percent of the day.
3. Students who receive special education and related services in separate schools and residential facilities.

States are not required to examine data for children who receive special education and related services in the general education classroom for more than 79 percent of the day.

Considerations for Determining Significant Disproportionality for Discipline

States are required to examine racial/ethnic representation of students receiving special education services for discipline. The calculations account for a variety of factors in discipline, such as:

Incidence: The number of times students with disabilities are subject to disciplinary actions.

Duration: The length of suspensions or expulsions.

Type: In-school and out-of-school suspensions and expulsions and other actions as determined by the district (e.g., exclusion from extracurricular activities).