• Home
DISPROPORTIONALITY AND OVERIDENTIFICATION - Statute

2. Requires collection and examination of data regarding disproportionality.
Each state that receives assistance under IDEA, and the secretary of the interior, shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the local education agencies (LEAs) in the state with respect to:
  • The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment as described in Section 602(3);
  • The placement in particular educational settings of such children; and
  • The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
[618(d)(1)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important to collect and examine data:
    • On placements in particular disability categories?
    • In particular educational settings?
    • With respect to incidence, duration, and type of disciplinary actions, including suspension and expulsion?


  2. Why is it important for states to identify disproportionality at the SEA and the LEA level?


  3. How might the examination of data at the state level have an impact on the practices of the LEA?


  4. How might the data on disproportionality inform the decision making process of IEP teams?


Application Questions

  1. There are several acceptable ways to calculate disproportionality. Do you know how your state calculates disproportionality? Do you know how to find out?


  2. What new knowledge, skills, and attitudes will be required to implement this provision?


  3. What processes should be in place to facilitate the implementation of this policy from the state level to the school level (e.g., IEP team)?


    These questions were developed by the following stakeholders working together:


    Role: Policymaker
    Location: Washington, D.C.

    Role: Social Worker
    Location: Wisconsin

    Role: Family Advocate
    Location: Virginia

    Role: Technical Assistance Provider
    Location: Colorado

    Role: Family
    Location: New Mexico

    Role: Policymaker
    Location: Virginia