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DISPROPORTIONALITY AND OVERIDENTIFICATION - Regulations

2. Require collection and examination of data regarding disproportionality.

Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must 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 educational agencies (LEAs) of 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 described in section 602(3) of the Act;
  • The placement in particular educational settings of these children; and
  • The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
[34 CFR 300.646(a)] [20 U.S.C. 1418(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 state and the district level?


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


  4. How might the data on disproportionality inform the decision-making for school improvement planning and professional development?


  5. What do the current numbers/placements in your district with regards to race/ethnicity reveal about your school?
    • Is disproportionality (in eligibility, placement, discipline) an issue in your school, district, and/ or state?
    • If so, what groups are affected?
    • How is the issue being addressed, and how are the families of the affected groups involved?
    • When examining data over time, what are the trends that are revealed regarding disproportionality? ?


Application Questions

  1. There are several acceptable ways to calculate disproportionality. How does your state calculate disproportionality of a specific racial/ethnic group in schools or districts where a majority of students are from that particular racial or ethnic group?
    • If you don’t know, do you know how to find out?
    • Where does your district fall in comparison to these numbers?


  2. What new knowledge, skills, and attitudes will be required to implement this provision by school personnel?
    • Who will develop and provide the needed training?
    • Is appropriate training available from other sources (i.e., federally funded projects)?


  3. What processes can systems use to collect the multiple forms of data needed to make informed decisions regarding disproportionality? What processes should be in place to facilitate the implementation of this policy from the state level to the school level to the classroom?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: California

    Role: Administrator
    Location: Florida

    Role: Policymaker
    Location: Arizona

    Role: Higher Education
    Location: Indiana

    Role: Family
    Location: West Virginia

    Role: Administrator
    Location: Georgia

    Role: TA Provider
    Location: Colorado

    Role: Administrator
    Location: Virginia

    Role: Service Provider
    Location: Kentucky

    Role: Teacher
    Location: Florida

    Role: Administrator
    Location: Illinois

    Role: Teacher
    Location: South Carolina

    Role: Higher Ed
    Location: New York