The state has in effect, consistent with the purposes of the Individuals with Education Act (IDEA) and with § 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 IDEA § 602(3). Section B – Collection and Examination of Data Regarding Disproportionality Each state that receives assistance under IDEA, 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 LEAs in the state with respect to ( Title 34 of the Code of Federal Regulations Part 300 and IDEA § 618(d)(1) ): • 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 IDEA § 602(3); • The placement in particular educational settings of such children; and • The incidence, duration, and type of disciplinary actions, including suspensions and expulsions. 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, shall ( IDEA § 618(d)(2) ): • 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 Charter LEA identified under IDEA § 618(d)(1), to reserve the maximum amount of funds under IDEA § 613(f), to provide comprehensive coordinated early intervening services to serve children in the Charter LEA, particularly children in those groups that were significantly overidentified under IDEA § 618(d)(1); and • Require the Charter LEA to publicly report on the revision of policies, procedures, and practices described under IDEA § 618(d)(1)(A).
Chapter 18 – Overidentification and Disproportionality, Charter SELPA
Page 2
As of 09/08/2017
Made with FlippingBook - professional solution for displaying marketing and sales documents online