How is disproportionality measured and monitored?
• Changes in Part B of the Individuals with Disabilities Education Act include a more extensive examination of disproportionality, including requirements of States to review the districts in the State to determine the extent to which the disproportionality of racial and ethnic groups in special education is the result of inappropriate identification (34 CFR §300.600(d)(3)). Failure to conduct this analysis is considered noncompliance with requirements of 34 CFR §300.600(d)(3). States must report annually on their State Performance Plan (SPP), which must include the State’s findings regarding disproportionality in the LEAs resulting from inappropriate identification related to representation of racial and ethnic groups in special education and in specific disability categories. • The Department of Education’s Office of Civil Rights (OCR) conducts pro-active compliance reviews of disproportionate representation. OCR gathers information on the racial breakdown of general and special educa
