SE Applications Dashboard User Manual

Disproportionality 

Federal Requirements 

Disproportionality is a federal requirement under 34 C.F.R. § 300.646. The Individuals with Disabilities Education Act (IDEA) section 618 (D) “requires States to collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local educational agencies (LEAs) of the State with respect to the identification of children with disabilities, including identification as children with particular impairments; the placement of children in particular educational settings; and the incidence, duration and type of disciplinary removals, including suspensions and expulsions as defied by the Office of Special Education Programs (OSEP) and U.S. Department of Education”.  

• Significant Disproportionality of Students with Disabilities (SWD) for Identification, Placement and Discipline. 

• Disproportionate Representation of racial/ethnic groups in special education, all disabilities and specific disability categories 

• Significant Discrepancy in the rate of suspension/expulsion of SWD> 10 days 

Disproportionality occurs when LEAs identify, place outside of a regular classroom, or discipline students with a disability (SWD) and/or SWD from any racial or ethnic group at markedly higher rates than their peers.  

Georgia must apply methods in 34 C.F.R. § 300.647 to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of the State, as described in 34 C.F.R. § 300.646(a). 

LEAs found have Significant Disproportionality (Identification, Placement or Discipline) or Disproportionate Representation or Significant Discrepancy must: 

1. Review and revise, as needed policies and procedures and practices and submit Disproportionality Compliance Review to the State. 
2. Publicly report any necessary revisions of policies, practice, or procedures. 
3. Provide documentation of Professional Learning so that all teachers, administrators, and staff are fully informed of their responsibilities for implementing the applicable state rules related to Disproportionality.  
4. Provide supporting evidence of who is responsible for sustained supervision and monitoring of compliant practices, when/how often it takes place, and how technical assistance is provided. 

5. Additionally, LEAs having Significant Disproportionality (Identification, Placement or Discipline for 6-9 plus years, must participate in an onsite visit by GaDOE during the upcoming school year that will include Interviews, Observations, and Ongoing Tarted Technical Assistance, LEAs required to participate in an onsite visit will be notified with the dates for the onsite visit as well as dates for a collaborative meeting with GaDOE staff to prepare for the onsite visit. 

LEAs with Significant Disproportionality must also: 

1. Spend 15% of IDEA grant funds on Comprehensive Coordinated Early Intervening Services (CCEIS) on students with and without disabilities to address the underlying causes of significant disproportionality. 

Areas of Disproportionality and Fiscal Requirements 

CCEIS includes all LEAs who had risk ratios greater than 3.0 or more for 3 or more consecutive years in one or more of the areas of Identification, Placement, and Discipline, regardless of the outcome of the review of Policies, Practices and Procedures. LEAs found with disproportionate representation and/or significant discrepancy do not have a fiscal requirement.  

The funds must be used to implement interventions that address the identified area(s) of significant disproportionality. This requirement is MANDATORY. In implementing CCEIS, an LEA: 

• May implement activities that include professional development and educational and behavioral evaluations, services, and supports. 

• Must identify and address the factors contributing to the significant disproportionality 

• Must address a policy, practice or procedure identifies as contributing to the significant disproportionality. 

A LEA may use funds for CCEIS to serve: 

• Age three through grade 12; 

• Children in those groups that were significantly overidentified; 

• Children who are not currently identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment; and  

• Children with disabilities 

Information reported by LEAs through FTE-1 and Student Record is used to calculate disproportionality. The data source and state rule for each area of disproportionality is listed in the table below. 

Data Source and State Rules Used for Disproportionality 

Disproportionality area including age and risk/rate ratio 

Methodology Key Terms 

This calculation is displayed as a ratio. Students are included in disproportionality calculations based on age requirements as specified by OSEP. It is important to note that areas of disproportionality may differ in age requirements and number of years over the threshold. 

For each part of the equation, Georgia uses a minimum number for each group. 

• Cell size (student count) must be larger than 10 

• N-size (cumulative enrollment) must be greater than 30 

Each calculation is either a risk ratio or a rate ratio. A risk ratio compares the risk of students in a particular racial/ethnic group being identified with a disability to the risk of all other racial/ethnic groups being identified with a disability. The rate ratio is a numerical comparison between the risk of a specific outcome (e.g., suspension greater than 10 days) and the risk of that same outcome for all other students in the State. 

The risk ratio threshold is 3.0 for three years and the rate ratio is 2.0 for two years. If the LEA is over the risk ratio for 1 or 2 years, no consequences are imposed. If the LEA is over the rate ratio for 1 year, no consequences are imposed. In both cases, the LEA has time to correct the disproportionality occurring. If the comparison group (all other races) cell size is < 10 or the n-size is < 30, the LEA is compared to the State using the alternate risk ratio.  

If the LEA has fewer than 10 students in a cell or 30 students in the group, the LEA will not have consequences, and the area is highlighted blue. However, LEAs should be mindful of the areas where this is occurring and be proactive in preventing disproportionality.