Significant Disproportionality

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.

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. 

Texas SD Regulation Crosswalk

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.

Texas Special Education Equity Initiative

Is your district looking for support in eliminating identification, placement, or discipline disparities in special
education?  The Texas Special Education Equity Initiative can help districts strengthen educational systems and address disproportionality.

Participating LEAs work with consultants to develop customized action plans to specifically address areas
related to effective and equitable services to students in all groups. LEAs are provided ongoing, innovative
technical assistance, including the opportunity to participate in a Community of Practice and access to a panel
of national experts in disproportionality. 

The Texas Special Education Equity Initiative is made possible by a grant from the Texas Education Agency (TEA)
to the American Institutes for Research (AIR). Program Guidelines can be found on the TEA Grant Opportunities 
webpage and selecting 2020-2021 Addressing Significant Disproportionality in the Available Grant Opportunities section. 

For information about the Texas Special Education Equity Initiative, please email TxSPEDequity@air.org.

Resources

• Assistance to States for the Education of Children with Disabilities; Preschool Children with Disabilities
• Differences Between CCEIS and CEIS
• IDEA B MOE and CEIS Guidance Handbooks
• Office of Special Education Programs (OSEP) Memo 07-09
• Office of Special Education Programs (OSEP) Memo 08-09
• Managing an Identity Crisis: Forum Guide to Implementing New Federal Race and Ethnicity Categories 
• Race and Ethnicity in Special Education: Difference Between Data Collection and Data Reporting
• Requirements of Coordinated Early Intervening Services
• Significant Disproportionality at a Glance (October 2021)
• Texas Significant Disproportionality Updates and FAQs (October 2021)