§ 300.646 Disproportionality.

Plain English summary

This section requires each State receiving IDEA Part B funds, and the Secretary of the Interior, to collect and examine data to identify significant disproportionality based on race and ethnicity in special education identification, placement, and disciplinary removals. When significant disproportionality is found, States must require affected LEAs to annually review and revise relevant policies and practices, publicly report on those revisions, and reserve the maximum allowable funds to provide comprehensive coordinated early intervening services addressing contributing factors. LEAs serving only children with disabilities are excepted from the fund reservation requirement.

Key requirements

• Each State that receives assistance under Part B of the Act, and the Secretary of the Interior, must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State with respect to the identification of children as children with disabilities, the placement in particular educational settings of these children, and the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions.
• The State must apply the methods in § 300.647 to determine if significant disproportionality based on race and ethnicity is occurring.
• The State or the Secretary of the Interior must provide for the annual review and, if appropriate, revision of the policies, practices, and procedures used in identification or placement in particular education settings, including disciplinary removals, to ensure that the policies, practices, and procedures comply with the requirements of the Act.
• Require the LEA to publicly report on the revision of policies, practices, and procedures consistent with the requirements of the Family Educational Rights and Privacy Act, its implementing regulations in 34 CFR part 99, and Section 618(b)(1) of the Act.
• The State or the Secretary of the Interior shall require any LEA identified under paragraphs (a) and (b) of this section to reserve the maximum amount of funds under section 613(f) of the Act to provide comprehensive coordinated early intervening services to address factors contributing to the significant disproportionality.
• An LEA must identify and address the factors contributing to the significant disproportionality, which may include a lack of access to scientifically based instruction; economic, cultural, or linguistic barriers to appropriate identification or placement in particular educational settings; inappropriate use of disciplinary removals; lack of access to appropriate diagnostic screenings; differences in academic achievement levels; and policies, practices, or procedures that contribute to the significant disproportionality.
• An LEA must address a policy, practice, or procedure it identifies as contributing to the significant disproportionality, including a policy, practice or procedure that results in a failure to identify, or the inappropriate identification of, a racial or ethnic group (or groups).
• An LEA may not limit the provision of comprehensive coordinated early intervening services under this paragraph to children with disabilities.
• The State or the Secretary of the Interior shall not require any LEA that serves only children with disabilities identified under paragraphs (a) and (b) of this section to reserve funds to provide comprehensive coordinated early intervening services.
• Nothing in this section authorizes a State or an LEA to develop or implement policies, practices, or procedures that result in actions that violate the requirements of this part, including requirements related to child find and ensuring that a free appropriate public education is available to all eligible children with disabilities.

Affected parties

• State educational agencies (SEAs)
• Local educational agencies (LEAs)
• Secretary of the Interior
• Children with disabilities
• Children from overidentified racial and ethnic groups
• Children ages 3 through grade 12 needing academic or behavioral support

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.646