IDEA--Reauthorized Statute

## **DISPROPORTIONALITY AND OVERIDENTIFICATION**

**(See also Early Intervening Services, Local Funding, and State
Funding)**

The reauthorized *Individuals with Disabilities Education Act* (IDEA)
was signed into law on Dec. 3, 2004, by President George W. Bush. The
provisions of the act became effective on July 1, 2005, with the
exception of some of the elements pertaining to the definition of a
"highly qualified teacher" that took effect upon the signing of the act.
This is one in a series of documents, prepared by the Office of Special
Education and Rehabilitative Services (OSERS) in the U.S. Department of
Education, that covers a variety of high-interest topics and brings
together the statutory language related to those topics to support
constituents in preparing to implement the new requirements.[^1] This
document addresses only the changes to the provisions of IDEA regarding
disproportionality and overidentification that took effect on July 1,
2005. It does not address any changes that may be made by the final
regulations.

# IDEA 2004:

# 1. Requires policies and procedures.

The state has in effect, consistent with the purposes of IDEA and with
Section 618(d), policies and procedures designed to prevent the
inappropriate overidentification or disproportionate representation by
race and ethnicity of children as children with disabilities, including
children with disabilities with a particular impairment described in
Section 602(3). \[612(a)(24)\]

# 2. Requires collection and examination of data regarding disproportionality.

Each state that receives assistance under IDEA, 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 education agencies (LEAs) in the
state with respect to:

-   The identification of children as children with disabilities,
    including the identification of children as children with
    disabilities in accordance with a particular impairment as described
    in Section 602(3);

-   The placement in particular educational settings of such children;
    and

-   The incidence, duration, and type of disciplinary actions, including
    suspensions and expulsions.

\[618(d)(1)\]

# 3. Establishes requirements when reviewing policies 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 ...
the state, or the secretary of the interior, as the case may be, shall:

-   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 IDEA;

-   Require any LEA identified under Section 618(d)(1) to reserve the
    maximum amount of funds under Section 613(f) to provide
    comprehensive coordinated early intervening services to serve
    children in the LEA, particularly children in those groups that were
    significantly overidentified under Section 618(d)(1); and

-   Require the LEA to publicly report on the revision of policies,
    practices, and procedures described under Section 618(d)(1)(A).

\[618(d)(2)\]

# 4. Authorizes technical assistance, demonstration projects, dissemination of information, and implementation of scientifically based research.

Activities that may be carried out under Section 663 include activities
to improve services provided under IDEA, including the practices of
professionals and others involved in providing such services to children
with disabilities, that promote academic achievement and improve results
for children with disabilities through... demonstrating models of
personnel preparation to ensure appropriate placements and services for
all students, and to reduce disproportionality in eligibility,
placement, and disciplinary actions for minority and limited English
proficient children and disseminating information on how to reduce
inappropriate racial and ethnic disproportionalities identified under
Section 618. \[663(c)(9)-(10)\]

[^1]: ^1^ Topics in this series include: Alignment With the *No Child
    Left Behind Act*; Changes in Initial Evaluation and Reevaluation;
    Children Enrolled by Their Parents in Private Schools; Discipline;
    Disproportionality and Overidentification; Early Intervening
    Services; Highly Qualified Teachers; Individualized Education
    Program (IEP) Team Meetings and Changes to the IEP; Individualized
    Education Program (IEP); Local Funding; National Instructional
    Materials Accessibility Standard (NIMAS); Part C Amendments in *IDEA
    2004*; Part C Option: Age 3 to Kindergarten Age; Procedural
    Safeguards: Surrogates, Notice and Consent; Procedural Safeguards:
    Mediation and Resolution Sessions; Procedural Safeguards: Due
    Process Hearings; Secondary Transition; State Funding; and Statewide
    and Districtwide Assessments. Documents are available on the OSERS
    Web site at: www.ed.gov/about/offices/list/osers/index.html.