NC Education Code · NC Policy Manual
NC 1505-3.6 Disproportionality
Plain English summary
This regulation requires the State to collect and examine data to identify significant disproportionality in special education identification, placement, and disciplinary actions based on race and ethnicity across LEAs. When significant disproportionality is found, the State must review and potentially revise policies and practices, require affected LEAs to reserve maximum funds for early intervening services, and mandate public reporting of policy revisions. The regulation targets systemic equity issues in how students of different racial and ethnic groups are identified, placed, and disciplined under IDEA.
Key requirements
- The State 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
- The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the IDEA
- The placement in particular educational settings of these children
- The incidence, duration, and type of disciplinary actions, including suspensions and expulsions
- The State must provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the IDEA
- Require any LEA identified under paragraph (a) 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 serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly over identified under paragraph (a) of this section
- Require the LEA to publicly report on the revision of policies, practices, and procedures described under paragraph (b)(1) of this section
Affected parties
- State education agency
- Local Education Agencies (LEAs)
- Children with disabilities
- Racially and ethnically diverse student populations
- Students subject to disciplinary actions including suspensions and expulsions