About Disproportionate Representation and Significant Disproportionality | Significant Disproportionality
States are required to address disproportionality that is the result of inappropriate identification in the State Performance Plan (SPP) Indicators 9 and 10. Under these indicators which are based on statutory languages at 20 U.S.C 1416(a) (3) (C), states are required to review the LEAs in the state to determine the extent to which the disproportionate representation of racial and ethnic groups in special education is the result of inappropriate identification. Failure to conduct this analysis will be cited as noncompliance with the requirement of 34 CFR §300.600(d)(3), which requires that states monitor LEAs with regard to disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.
The inclusion of disproportionality that is the result of inappropriate identification in the state monitoring and enforcement component of the law clearly reflects the seriousness with which Congress viewed this issue when IDEA was reauthorized in 2004. The focus of monitoring priority indicators 9 and 10 of the State Performance Plan (SPP) is on disproportionate representation that is the result of inappropriate identification. This language signals that more than just an examination of numerical information is required to respond to and appropriately address the monitoring indicators. After reviewing the numerical information, states need to probe instances in which they identify disproportionality to determine whether it is the result of inappropriate identification.
How Texas implements the disproportionate representation requirement
State Reporting Requirements
States must report annually to the Secretary on the performance of the State on indicator 9 and 10. States also must report to the public on the performance of each LEA in the state on an annual basis. This annual performance report must include the state’s finding regarding disproportionality in the LEA’s in the state resulting from inappropriate identification related to the representation of racial and ethnic groups in special education (indicator 9) and the representation of racial and ethnic groups in the following specific disability categories: Autism, Emotional Disturbance, Learning Disability, Mental Retardation, Other Health Impaired, and Speech Impaired (indicator 10).
Division of Federal and State Education Policy
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Last Updated: December 30, 2010 | Created: June 25, 2007