Section 1418 (d)

(d) Disproportionality

    (1) In general

  • Each State that receives assistance under this subchapter, and the Secretary of the Interior, shall 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 local educational agencies of the State with respect to—
    • (A) 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 1401(3) of this title;
    • (B) the placement in particular educational settings of such children; and
    • (C) the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

    (2) Review and revision of policies, practices, and procedures

  • In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of such children, in accordance with paragraph (1), the State or the Secretary of the Interior, as the case may be, shall—
    • (A) provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, procedures, and practices comply with the requirements of this chapter;
    • (B) require any local educational agency identified under paragraph (1) to reserve the maximum amount of funds under section 1413(f) of this title to provide comprehensive coordinated early intervening services to serve children in the local educational agency, particularly children in those groups that were significantly overidentified under paragraph (1); and
    • (C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A).
Discipline, Severe Discrepancy
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Last modified on November 7, 2019