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Disproportionality of Racial and Ethnic Groups in Special Education

Disproportionate Representation and Significant Disproportionality Requirements in IDEA 2004

Disproportionate Representation Significant Disproportionality
300.173:
State must have policies and procedures designed to prevent inappropriate overidentfication and disproportionate representation by race and ethnicity of children with disabilities including children with disabilities with particular impairments
300.173:
State must have policies and procedures designed to prevent inappropriate overidentfication and disproportionate representation by race and ethnicity of children with disabilities including children with disabilities with particular impairments
300.600:
State must monitor LEAS in the priority areas: Disproportionate representation of racial and ethnic groups in special education and related services to the extent the representation is the result of inappropriate identification.
300.646:
Collect and examine data to determine if significant Disproportionality based on race and ethnicity is occurring in the State and LEAS with respect to identification of children with disabilities, including children with disabilities I accordance with particular impairments, placement in particular educational settings and incidence, duration and type of disciplinary actions, including suspensions and expulsions.
Collect and examine data Collect and examine data
Identify LEAs with disproportionate representation, and of those, the number where the disproportionate representation is the result of inappropriate identification of children with disabilities (Indicator 9), including children with disabilities with particular impairments (Indicator 10) Require LEAs with significant disproportionality to reserve 15% for EIS
Identifying inappropriate identification could include a review policies, procedures and practices related to identification of children with disabilities (Indicator 9), including children with disabilities with particular impairments (Indicator 10) Review polices, procedures and practices related to:
Identification of children with disabilities, including children with disabilities with particular impairments, placement in education settings and incidence and duration of disciplinary actions.
If disproportionality is due to inappropriate identification, require the LEA to correct the noncompliance, including revising deficient policies, procedures and practices. If policies, procedure or practices are deficient, require the LEA to revise to comply with the requirements.
SEA must report in APR as follows:
(# due to inappropriate identification) / all LEAs) and next APR report correction
Require the LEA to publicly report on the revision of polices, procedures and practices.

Adobe Acrobat Version of the IDEA 2004 Requirements Chart
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Texas Education Agency | Division of IDEA Coordination
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Created: June 25, 2007

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