Significant Disproportionality

Students running

Significant Disproportionality Requirements

Under 20 U.S.C 1418 (d) and 34 Code of Federal Regulations (CFR) §300.646, states must provide for the
collection and examination of data to annually determine whether significant disproportionality based on race or ethnicity is occurring in the State and local education agencies (LEAs) with respect to three areas.

1. Identification - Ages 3 to 21: The identification of students with disabilites, including identification of students with particular impairments. 2 Placement - School Age: The placement of students in particular educational settings. 3 Disciplinary Removals - Ages 3 to 21: The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

Significant Disproportionality Requirements (PDF)

State Definition of Significant Disproportionality

The State has the discretion to define what constitutes significant disproportionality for the LEAs and the State in general. However, the State's definition of significant disproportionality must be based on an analysis of
numerical information and may not include consideration of the State's or LEA's policies, procedures, or practices.

The Texas Significant Disproportionality Regulation Crosswalk lists elements within the federal regulations and corresponding actions that define significant disproportionality in Texas. Texas applies the methods found in 34 §CFR 300.647 and exercised the flexibilities found in subsections (b) and (d) of the regulation.

 

Requirements for LEAs Identified with Significant Disproportionality

When the State identifies LEAs with significant disproportionality, the LEA must meet the requirements found at 34 CFR §300.646 (c) and (d). If the LEA is found to be SD in one or more of the SD categories as published in the Results Driven Accountability (RDA) report for three years in a row, LEAs are required to:

  • Review (and, if appropriate) revise policies, procedures, and practices;
  • Reserve the maximum amount of funds to be used for early intervening services; and
  • Report on the revision of policies, procedures, and practices.

Resources

Contact Information
SpedTex Special Education Information Center

Families: Special Education or IEP-Related Questions?

Phone: 1-855-SPEDTEX (1-855-773-3839)

View Resources for Families


Texas SPED Support

Educators: Special Education Resources

View Resources for Educators


Office of Special Populations and Student Supports

Department of Special Education:
Email: sped@tea.texas.gov

Department of Review and Support:
Email: ReviewandSupport@tea.texas.gov