The Individuals with Disabilities Education Act, Part B (IDEA-Part B) requires States and local educational agencies (LEAs) to take steps to address the disproportionate representation of racial and ethnic groups in special education. The statute and regulations for the IDEA-Part B include important changes in how states and LEAs now must address disproportionate representation in special education. Changes in Part B include a more extensive examination of disproportionality and more extensive remedies where findings of disproportionality occur.
In order to properly implement these changes, it is critical for states and LEAs to understand the differences in the requirements between the monitoring priority indicators that address disproportionality that is the result of inappropriate identification [20 U.S.C. 1416(a)(3)(C); 34 CFR §300.600(d)(3)] and the separate and distinct obligation to collect and examine numerical data to determine if significant disproportionality is occurring. [20 U.S.C. § 1418(d); 34 CFR §300.646(b)].
To assist states and LEAs in understanding these differences, the US Department of Education Office of Special Education Programs (OSEP) has developed the IDEA 2004 Requirements Chart which illustrates the two distinct requirements of disproportionate representation and significant disproportionality.
Specific State Guidance
Outlines how Texas implements the disproportionate representation requirement, includes the Self-Assessment Checklist for Disproportionate Representation Review of Policies, Procedures and Practices
Outlines how Texas implements the significant disproportionality requirement, includes the current matrix for determining significant disproportionality
Division of Federal and State Education Policy
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: July 11, 2008 | Created: June 25, 2007