OSEP Monitoring — Significant Disproportionality Reporting Under IDEA Part B

Introduction | Resources | Reports

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 as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment;
• The placement in particular educational settings of such children; and
• The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

IDEA and its implementing regulations do not, however, define “significant disproportionality.” The Part B regulations require states to use a standard methodology for analysis of disproportionality, which includes states setting a threshold above which disproportionality in the identification, placement, or discipline of children with disabilities within an LEA is significant. The standard methodology uses risk ratios to analyze disparities for seven racial or ethnic groups, comparing each to all other children within the LEA in 14 different categories of analysis. States determine the thresholds above which the risk ratio in each category of analysis indicates significant disproportionality. States have flexibility to identify an LEA with significant disproportionality only after it exceeds a risk ratio threshold for up to three prior consecutive years, exclude small populations from analysis, and exclude from determinations of significant disproportionality LEAs that have made reasonable progress in reducing their risk ratios. (See 34 C.F.R. §§300.646 and 300.647.)

The Part B regulations also require states to report all risk ratio thresholds, minimum cell sizes, minimum n-sizes, and standards for measuring reasonable progress, and the rationales for each, to the Department. In 2020, OSEP required states to submit this information through the Significant Disproportionality Reporting Forms under Section V.B. of their FFY 2020 IDEA Part B grant applications. The form provides a summary of information on procedures that comply with the Significant Disproportionality requirements under 34 CFR § 300.647(b)(7).

In an effort to provide increased transparency regarding the implementation of the requirements around significant disproportionality within states, that allows LEAs, and stakeholders to monitor significant disproportionality and to emphasize the importance of soliciting public input in the review and revision of risk ratio thresholds, cell sizes, and n-sizes, OSEP is posting states’ submitted Significant Disproportionality Reporting Forms. States had an opportunity to update their Significant Disproportionality Forms, if necessary, before the documents were posted to OSEP’s website by submitting revised forms with their FFY 2022 Part B grant application. States also will continue to provide updated forms to the Department, through their Part B grant applications, when any changes are made to their methodologies. Updated forms will be posted on this page.

• Significant Disproportionality: Essential Questions ( March, 2017)

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