About Disproportionate Representation and Significant Disproportionality | Disproportionate Representation | Significant Disproportionality
States have separate obligations, under 20 U.S.C 1418(d) and 34 Code of Federal Regulations (CFR) §300.646, to collect and examine data to determine whether significant disproportionality based on race or ethnicity is occurring in the state and the local educational agencies (LEAs) of the state with respect to the identification of students as students with disabilities, ages 6-21, including identification as students with particular impairments; the placement of students in particular educational settings; and the incidence, duration, and type of disciplinary actions occurring for students, including suspensions and expulsions. States must conduct this analysis on the three elements of identification, placement, and disciplinary actions on an annual basis. When a state educational agency (SEA) identifies an LEA with significant disproportionality in one or more of these required elements based on the collection and examination of their data, the state must require the LEA: 1) to review (and, if appropriate) revise policies, procedures, and practices; 2) to reserve the maximum amount of funds to be used for early intervening services (EIS); and 3) to publicly report the revision of any policies, procedures, and practices.
Each state has the discretion to define what constitutes significant disproportionality for the LEAs in the state and for the state in general. The state’s definition of significant disproportionality must be based on an analysis of numerical information only, and may not include consideration of the state’s or LEA’s policies, procedures, and practices. This is based on section 618(d)(2) of the Individuals with Disabilities Education Act (IDEA) that explains a review of policies, procedures, and practices is a consequence of, rather than a part of, a determination of significant disproportionality by race or ethnicity. Therefore, in identifying significant disproportionality, a state may determine statistically significant levels of disproportionality.
The Texas Education Agency (TEA) has adopted refined procedures for conducting the analyses of the three required elements of significant disproportionality based on state-level distributions and a two-year examination of Public Education Information Management System (PEIMS) data.It is important to note that these calculations are specific to analyses for the purpose of identifying significant disproportionality and not specific to other analyses conducted by the TEA.
2010 Significant Disproportionality Analysis Methodology
General Procedures
Critical values are determined from statewide data distributions based on LEAs
that are included in the analyses. Only LEAs with a sufficient number of students
receiving special education services are included in the distribution. Critical
values are updated on a three-year cycle based on current statewide values and
a requirement for standards compatible with continuous improvement. Means and
standard deviations were calculated for each student group and eligibility category
from the 2007–08 school year. Critical values were set at two standard
deviations from the mean. Data were analyzed for the 2008–09 and 2009–10
school years for the identification of students as students with disabilities,
including identification as students with particular impairments; and the placement
of students in particular educational settings.
Data from the 2007-08 and 2008-09 school years were analyzed for the incidence,
duration, and type of disciplinary actions, including suspension and expulsions.
LEAs that exceeded the critical values (separately calculated by element, student
group, and specific eligibility category) for two consecutive years in respect
to identification or disciplinary actions are identified as having significant
disproportionality (see enclosed report). The analysis for the placement of
students was conducted reviewing data from the 2008–09 and 2009–10
school years; however, the State did not include the results in its identification
for significant disproportionality. The analysis for the placement of students
will be included in the 2011 Identification of Significant Disproportionality
next spring.
System Safeguards
Only LEAs with at least 30 students receiving special education services are
included in the computation of critical values and determination of disproportionality.
Additional number of students requirements may also be applied to the specific
elements under review. LEAs smaller than 100 students overall and districts
with more than 40 percent of students receiving special education services are
excluded. Given that critical value percentages might result in LEAs being a
fraction of a student over the limit, an additional safeguard exists that requires
that LEAs must be at least one student (percentage-wise) over the established
critical value to be identified as disproportionate.
Required Actions
When states make determinations of significant disproportionality based on race or ethnicity with respect to the identification of students as students with disabilities, the placement in particular educational settings of these students, or the incidence, duration, and type of disciplinary actions (including suspensions and expulsions), three important provisions are triggered:
(1) Review and revision of policies, procedures,
and practices
The State must provide for the review and, if appropriate, revision of the policies,
procedures, and practices used in the identification, placement, or discipline
of children with disabilities, to ensure that the policies, procedures, and
practices comply with the requirements of IDEA. [34 CFR §300.646(b) (1)]
The review of LEA policies, practices, and procedures for identifying, placing,
and disciplining children with disabilities would occur for LEAs that, based
on the numerical analysis, were identified as having significant disproportionality
in identification, placement, or discipline. The purpose of this review is to
determine if the policies, practices, and procedures are consistent with the
requirements of IDEA.
(2) Required use of maximum amount (15%) of the flow-through
funds for early intervening services
In the case of determination of significant disproportionality with respect
to the identification of children as children with disabilities, the placement
in particular educational settings of such children, or disciplinary actions,
the SEA must require the LEA to reserve the maximum amount (15%) of the flow-through
funds it receives under Part B of IDEA to provide comprehensive coordinated
early intervening services (EIS) to serve children who have not been identified
as children with disabilities in the LEA, particularly, but not exclusively,
children in those groups that were significantly over-identified. [34 CFR §300.646(b)(2)].
The phrase “reserve the maximum amount of funds” is interpreted
as meaning use of the funds for early intervening services. The statute does
not authorize LEAs to use these funds for any other purpose. An LEA that is
required to use 15% of its IDEA Part B allocation on coordinated early intervening
services because the TEA identified the LEA as having significant disproportionality
under 34 CFR §300.646, will not be able to reduce local maintenance of
effort (MOE) under IDEA Section 613(a)(2)(c).
It is important to note that the obligation to use 15% of the LEA’s IDEA funds for EIS is triggered solely on a determination of significant disproportionality. In other words, the obligation to reserve funds for EIS occurs independent of any analysis of whether that disproportionality is the result of inappropriate identification. For additional information, please see the State's guidance on the use of early intervening services (EIS) funds at Early Intervening Services (EIS).
(3) Public reporting of revisions to policies, procedures,
and practices
The third provision at 34 CFR §300.646(b)(3) requires the LEA to publicly
report on the results of this revision of policies, practices, and procedures
used in identification, placement or discipline of children with disabilities
(described under 34 CFR §300.646(b)(1)).
Important note
The determination of significant disproportionality does not include
a review to determine whether the disproportionality is the result of inappropriate
identification; it is based solely on the State’s procedures for this
purpose. In the case of such a determination, in any of the three elements (identification,
placement, or disciplinary actions), the LEAs must review their policies, procedures,
and practices; reserve 15% of the flow-through funds for EIS; and, if they revise
policies, procedures, and practices, must make a public announcement regarding
the revision (examples include, but are not limited to: school board meeting
announcement, public notice in the local newspaper, posting on the LEA's web
page, letter to parents, etc.).
In October 2007, the U.S. Department of Education issued their final guidance to educational institutions on the adoption of new federal standards for collecting and reporting ethnicity and race data for students and staff. TEA implemented the new federal standard for the collection of ethnicity and race information beginning with PEIMS data collected for the 2009–10 school year. For the 2009–10 school year only, PEIMS collected race and ethnicity information using both the old definitions and the new federal definitions. Beginning with the 2010–11 data collection, ethnicity and race data will be collected using the new definitions only. For the purpose of analyzing ethnicity and race data for the identification of significant disproportionality in spring 2011, the TEA will use the new federal definitions included in the 2009–10 and 2010–11 data collection. Additional guidance on revisions to the 2011 methodology will be posted on this webpage.
Additional guidance regarding disproportionate representation is available on the Education Service Center (ESC) Region 1 Texas Initiative for Disproportionate Representation in Special Education web site at: http://specialed.esc1.net/tidrse/site/default.asp.
Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: April 30, 2010 | Created: June 25, 2007
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