Significant Disproportionality

IDEA Section 618(d) requires States to annually examine whether significant disproportionality based on race and ethnicity exists in their LEAs (in Colorado, Administrative Units).  Having significant disproportionality means that students of a particular race/ethnicity are significantly more likely than their other-race peers to be identified as children with disabilities, identified with a particular disability category (e.g., Autism, Intellectual Disability), placed in a particular educational setting (e.g., separate classroom), or suspended/expelled as a disciplinary measure.

The significant disproportionality regulation and surrounding guidance:

• 2016 Significant Disproportionality Regulations (34 CFR §300.646)(PDF)
• Q&A and Model STATE TIMELINE: Significant Disproportionality (Equity in IDEA) Essential Questions and Answers and a Model State Timeline (IDEA website)
• Crosswalk of Current Regulations with Prior regulations (PDF)

Implementation of the significant disproportionality regulation in Colorado:

• Significant Disproportionality in Special Education - Fact Sheet Vol. 1 (PDF)
• Significant Disproportionality in Special Education - Fact Sheet Vol. 2 (PDF)
• Colorado's Definition of Significant Disproportionality (PDF)
• Timeline to implement Colorado's New Definition of Significant Disproportionality (PDF)
• Timeline of Significant Disproportionality Determination (PDF)

What happens after an AU is identified as significantly disproportionate?

When an AU is identified as significantly disproportionate, it must 1) identify the factors contributing to the significant disproportionality, 2) review, and if appropriate, revise policies, procedures, and practices contributing to the significant disproportionality, and 3) Set aside 15% of its IDEA Part B allocation for comprehensive coordinated early intervening services (CCEIS). The resources listed below address the required activities in more detail:

• Mandatory Comprehensive Coordinated Early Intervening Services (CCEIS) – Q&A and Allowable Usage of CCEIS Funds (PDF)
• Coordinated Early Intervening Services (CEIS) – Resources Step By Step (Center for IDEA Fiscal Reporting (Will open a new webpage))
• Available resources include a template for reporting students who received CEIS services and the File Layout and Definitions
• Review the 2023 Significant Disproportionality Workbook reference document (PDF)

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