DISPROPORTIONALITY AND OVERIDENTIFICATION - Regulations

4. Require States to disaggregate data on suspension and expulsion rates by race and ethnicity.
The State educational agency must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities:
  • Among LEA's in the State; or
  • Compared to the rates for nondisabled children within those agencies.
[34 CFR 300.170(a)] [20 U.S.C. 1412(a)(22)(A)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your school/district do you believe that students with disabilities are suspended or expelled more or less often than general education students?
    • If you do not know the exact data, how can you find out?
    • Give some examples of why you believe the rates of suspension and/or expulsion are the same or different for special education and general education students.


  2. What if any, is the relationship of the rates of expulsion and suspension and the student code of conduct? How do the data collected at the local level align with the data that are required by this provision?


  3. How does your state currently analyze the data on suspension and expulsion rates to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities as compared to the rates for nondisabled children?


  4. In your opinion, what is the relationship between disproportionality and suspension/expulsion? What useful information will disaggregation of data yield?



Application Questions

  1. What policies and procedures might your district put in place to address any identified discrepancies in the rates of suspension and expulsion of students with disabilities? How might proactive behavior practices impact suspension and expulsion rates?


  2. What specific training for school personnel and families might be utilized to address the concern of significant discrepancies in the rates of suspension and expulsion?


  3. What specific criteria might be used at the district and school level to review the suspension and expulsion rates using disaggregated data?


  4. How will your state disseminate information to be considered in this provision? What are some options for districts in using the data?


  5. What are the implications (including dropout rates, academic achievement) for state and local policy as a result of the analysis of suspension and expulsion data?

    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