DISPROPORTIONALITY AND OVERIDENTIFICATION - Statute

3. Establishes requirements when reviewing policies and procedures.
In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of such children … the state, or the secretary of the interior, as the case may be, shall:
  • Provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, procedures, and practices comply with the requirements of IDEA;
  • Require any LEA identified under Section 618(d)(1) to reserve the maximum amount of funds under Section 613(f) to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly children in those groups that were significantly overidentified under Section 618(d)(1); and
  • Require the LEA to publicly report on the revision of policies, practices, and procedures described under Section 618(d)(1)(A).
[618(d)(2)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. How might a focused view of policy and procedures raise awareness of disproportionality issues?


  2. If disproportionality is identified, how will the new provision create opportunities for meaningful change?


Application Questions

  1. If disproportionality is identified, the local district must use the maximum (15%) of IDEA Part B to consider early intervening services. What are some examples?


  2. In what ways might the use of early intervening funds make a difference in reducing disproportionality?


  3. How might the public reporting of policy, practice, and procedures affect their development?


  4. What stakeholders might be involved in the review and revision of policy, procedures, and practices?


    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