Significant Disproportionality

Significant Disproportionality Requirements

Under 20 U.S.C 1418 (d) and , states must provide for the
collection and examination of data to annually determine whether significant disproportionality based on race or ethnicity is occurring in the State and local education agencies (LEAs) with respect to three areas.

Significant Disproportionality Requirements (PDF)

State Definition of Significant Disproportionality

The State has the discretion to define what constitutes significant disproportionality for the LEAs and the State in general. However, the State's definition of significant disproportionality must be based on an analysis of
numerical information and may not include consideration of the State's or LEA's policies, procedures, or practices.

The Texas Significant Disproportionality Regulation Crosswalk lists elements within the federal regulations and corresponding actions that define significant disproportionality in Texas. Texas applies the methods found in and exercised the flexibilities found in subsections (b) and (d) of the regulation.

Texas SD Regulation Crosswalk

Race and Ethnicity in SpEd

Requirements for LEAs Identified with Significant Disproportionality

When the State identifies LEAs with significant disproportionality, the LEA must meet the requirements found at (c) and (d). If the LEA is found to be SD in one or more of the SD categories as published in the Results Driven Accountability (RDA) report for three years in a row, LEAs are required to:

Review (and, if appropriate) revise policies, procedures, and practices;
Reserve the maximum amount of funds to be used for early intervening services; and
Report on the revision of policies, procedures, and practices.

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