Disproportionality in education is defined as the overrepresentation of specific racial or ethnic groups requiring special education (NJDOE New Jersey Department of Education [OSEP], 2018). Minority students who may be inappropriately identified as having disabilities may be harmed by being stigmatized with labels, experiencing lower expectations,…

The Second Chance Act and the Individuals with Disabilities Education Improvement Act encourage juvenile justice personnel to collaborate with not-for-profit organizations, employers, and community schools to provide incarcerated girls with disabilities transition support to reenter their community after incarceration. The "Career and College…

Purpose: This study aimed to determine if African American students were disproportionately represented between the years of 2004 and 2014 in the primary disability category of Speech or Language Impairment (S/LI) under the 2004 reauthorized Individuals with Disabilities Education Improvement Act. Method: S/LI enrollment data from the Office of…

This brief provides an overview of state and district legal requirements related to disproportionality; addresses common pitfalls in policy, practices, and procedures; and discusses how to proactively structure policies and procedures in systems of service delivery to address disproportionality.

The purpose of this study is to analyze the Least Restrictive Environment (LRE) data that states and U.S. territories report from the Office of Special Education Programs (OSEP) and discuss the status of the most restrictive special education placement settings for students with disabilities. In this analysis, we found that (a) states do not set…

Special education disproportionality for culturally and linguistically diverse (CLD) students persists as a controversial and intractable problem in our educational systems. Response to intervention (RtI) and culturally relevant pedagogy (CRP), both independently and collectively are considered to offer promise for mitigating conditions of…

This document provides policy recommendations of the Council for Children with Behavioral Disorders (CCBD) regarding disproportionality in special education and the need for federal policy driving state regulations to support efforts to eliminate this outcome in schools. Monitoring requirements in the 1997 and 2004 amendments to the Individuals…

Alternative programs in the nation are faced with the responsibility of meeting the needs of the students removed from their home school for various infractions. Current legislation (IDEA, 2004) holds educators legally responsible for providing all students, including those with disruptive behaviors, a free and appropriate education in the least…

Louisiana developed a time frame for compiling the State Performance Plan with as much opportunity for broad stakeholder input as possible before the required submission date. Bearing in mind the requirements of No Child Left Behind (NCLB) legislation, Louisiana's Steering Committee projected performance targets through the year 2014 for the…

Response to Intervention (RtI) consists of multi-tiered instructional delivery systems in which educators provide research-based interventions to students that increase in intensity depending on students' instructional response. RtI is currently being implemented in schools across the United States. RtI's shift away from standardized testing…

The Special Education Division of the Office of Public Instruction (OPI) provides many services to Montana schools to assist them in providing a quality education to all students. The programs managed through this division are all aligned with Superintendent Juneau's Graduation Matters Montana initiative. The special education division is…

Bearing in mind the requirements of No Child Left Behind (NCLB) legislation, Louisiana's Steering Committee projected performance targets through the year 2014 for the important areas of: (1) Graduation with a Diploma; (2) Dropout Rate; (3) Placement, ages 6-21 and ages 3-5; (4) Achievement Performance Levels, and (5) Discipline. Annual gains were…

The reauthorized Individuals with Disabilities Education Act (IDEA), signed on December 3, 2004, required that, not later than one year after the date of enactment of the reauthorized IDEA, each state is required to have in place a performance plan evaluating the state's implementation of Part B and describing how the state will improve such…

The Individual with Disability Educational Improvement Act (IDEA-2004) (P.L. 108-446) includes a policy called Early Intervening Services (EIS) which makes it permissible, but not mandatory, for a school district to use 15 percent of their IDEA Part B funds to provide services to non-disabled at risk students. However, a school district cited for…

Problems facing African American students with special needs are numerous and complex. Although processes and procedures are in place to properly serve these students, far too many become ensnared in webs of bureaucracy and benign neglect. This article examines African American students? experiences with special education in Milwaukee Public…