§ 300.173 Overidentification and disproportionality.

Plain English summary

States must maintain policies and procedures to prevent the inappropriate overidentification or disproportionate representation of children by race and ethnicity as children with disabilities, including those identified under specific impairment categories. This requirement is consistent with the broader purposes of IDEA and the data collection provisions of section 618(d) of the Act. The obligation rests with the State to have these safeguards actively in effect.

Key requirements

• The State must have in effect policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities
• Policies and procedures must be consistent with the purposes of this part and with section 618(d) of the Act
• Policies and procedures must address children with disabilities with a particular impairment described in § 300.8

Affected parties

• State educational agencies (SEAs)
• Children with disabilities
• Children identified by race and ethnicity
• Children identified under specific impairment categories per § 300.8

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.173