The U.S. Department of Education has updated Individuals with Disabilities Education Act regulations to better determine if districts have a disproportionate representation of students from any racial or ethnic group in their special education programs. The Individuals with Disabilities Education Act protects the rights of students with disabilities of all races and ethnicities to access high-quality, free and appropriate public education in the least restrictive environment possible.
The change in federal regulations expands the equity categories states must monitor for disproportionality and requires states to work with stakeholders to adopt a common methodology for identifying disproportionality. Disproportionality occurs when children from any racial or ethnic group are identified for special education, placed in more restrictive settings, or disciplined at a markedly higher rate than their peers. Disproportionality becomes
significant when the overrepresentation exceeds a threshold defined by each state.
The Office for Exceptional Children called on a representative group of Ohio special education stakeholders to develop Ohio’s new methodology for calculating significant disproportionality. Districts exceeding the established threshold for three consecutive years must do a root-cause analysis and address the contributing factors, using 15 percent of their federal special education funds.
The Ohio Department of Education’s implementation of the new regulations will be reflected in Ohio’s 2019-2020 district Special Education Profiles, targeted for release in late January 2020. This year’s district profile will include a new Disproportionality section showing the district’s longitudinal data in each category and notifying the district of any required actions. For more information on the impact of the revised regulations for Ohio’s school districts,
click here.
The Department is working with state support teams and regional data leads to provide technical assistance for districts addressing significant disproportionality. Ohio’s Plan to Improve Learning Experiences and Outcomes for Students with Disabilities will include recommendations to ensure equitable access and prevent disproportionality. To learn more about the plan’s development,
click here. The plan supports the state’s focus on educational equity outlined in
Each Child, Our Future, Ohio’s five-year strategic plan for education. For answers to questions, please contact the
Office for Exceptional Children.
Founded in 1901, Ohio PTA is the oldest and largest volunteer organization in the State of Ohio focusing on the health, welfare, safety, and education of children and youth.