Significant Disproportionality

Pursuant to 34 C.F.R. ยง 300.646, COE is responsible for collecting and examining data to determine if significant disproportionality is occurring in local educational agencies (LEAs) in the state. COE must look at data related to the over representation of students by race and ethnicity with respect to:

  1. Identification as children with disabilities
  2. Identification in various disability categories
  3. Placement in educational settings
  4. Disciplinary actions including suspension and expulsion

Disproportionality is a result of the over representation of a specific race or ethnicity in relationship to the overall general education and special education populations of the district and state. COE uses the Alternate Risk Ratio and the E-formula to calculate disproportionality. Significant disproportionality is determined if the district has been identified as disproportionate for the same race or ethnicity in the current year and in two of the three previous years .

If an LEA is determined to be significantly disproportionate in any one of the four areas identified above, the COE will:

  • Review the LEA's policies, procedures, and practices to ensure compliance with the requirements of the IDEA
  • Require the LEA to publicly report on any required revision of policies, procedures, and practices
  • Require the LEA to reserve 15 percent of its IDEA grant funds to provide comprehensive coordinated early intervening services to children in the LEA (including, but not exclusively for, those children in the groups that were identified as significantly disproportionate)

LEAs that are identified as significantly disproportionate in one or more areas may not take advantage of the opportunity to reduce its Maintenance of Effort by 50 percent should there be an increase in federal funds. When LEAs are notified by the COE of their designation as significantly disproportionate, they are provided information that includes instructions for submitting policies, procedures, timelines, and practices for COE review and instructions for revising as necessary, developing action and budget plans, fiscal documentation; and reporting.