Section F - Overidentification and Disproportionality It shall be the policy of the and member LEAs to prevent inappropriate disproportionate representation by race and ethnicity of children with disabilities. Title 34 of the Code of Federal Regulations § 300.173. Overidentification and disproportionality. The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, 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 § 300.8. The SELPA member LEAs shall, with SELPA assistance, monitor student trends with the intent of averting inappropriate, disproportionate representation of racially, ethnically, linguistically, and culturally diverse students (by race and ethnicity of children with disabilities). The SELPA shall provide the following assistance: • Student trend data pertinent to the disproportionate calculation as reported through the California Special Education Management Information System (CASEMIS) to the California Department of Education (CDE). • Provide up-to-date training and information provided to the SELPA by the CDE. • Continue to inform member LEAs concerning responsibilities related to the potential transfer of local assistance funds to reduce disproportionality under the Early Intervening requirement of IDEA. The state has in effect, consistent with the purposes of 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 § 602(3). Legal References : • California Education Code Sections: 56300; 56301; 56301(d)(1); 56303; 56325(a)(1)-(3); 56325(b)(1) • Title 34 of the Code of Federal Regulations (CFR) Section 300.173 • Title 5 of the California Code of Regulations (CCR) Section 3021 • Individuals with Disabilities Education Act (IDEA) Sections: 602(3); 613(f); 618(d)(1); 618(d)(2)
Chapter 1 - Identification and Referral, Desert/Mountain SELPA As of 8/27/2021 Steering Committee Approval
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