US Department of Education: Federal Law and Disproportionality

The reauthorized Individuals with Disabilities Education Act (IDEA)—signed into law on Dec. 3, 2004, with final regulations published on Aug. 14, 2006—addresses dis-proportionality of minority students in special education. This is one in a series of documents, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education that covers a variety of high-interest topics and brings together the regulatory requirements related to those topics to support constituents in preparing to implement the new regulations. This document addresses the final regulatory requirements regarding dis-proportionality and over-identification. 

IDEA Regulations

1. Require policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of children as children with disabilities

2. Require collection and examination of data regarding dis-proportionality.

3. Establish requirements for review and revision of policies, practices and procedures.

4. Require States to disaggregate data on suspension and expulsion rates by race and ethnicity.

5. Require States to monitor their LEA's to examine dis-proportionality.

To see more specific federal regulations:

http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,7,

Statutory law within each state soon reflected these requirements of addressing dis-proportionality.

Example: Washington State Legislature: WAC 392-172A-07040

Significant dis-proportionality.

  (1) The state collects and examines data annually from school districts to determine if significant dis-proportionality based on race or ethnicity is occurring in the state with respect to:

     (a) The identification of children as students eligible for special education;

     (b) The identification of students with a particular disability;

     (c) The placement of students in particular educational settings; or

     (d) The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

     (2)(a) In the case of a determination of significant dis-proportionality with respect to the identification of students eligible for special education including those with a particular disability, the placement in particular educational settings of these students, or discipline, the OSPI shall provide for the review and, if appropriate, revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the act;

     (b) Require any school district identified under this section to reserve the maximum amount of federal funds under WAC 392-172A-06085 to provide comprehensive coordinated early intervening services to serve students in the school district, particularly, but not exclusively, students in those groups that were significantly over identified; and

     (c) Require the school district to publicly report on the revision of policies, practices, and procedures described under (b) of this subsection.

To view Washington State Administrative Codes:

http://apps.leg.wa.gov/wac/default.aspx?cite=392-172A-07040