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ERIC Number: ED536789
Record Type: Non-Journal
Publication Date: 2012-Apr
Pages: 33
Abstractor: ERIC
Reference Count: 51
CCBD's Position Summary on Federal Policy on Disproportionality in Special Education
Skiba, Russ; Albrecht, Susan; Losen, Dan
Council for Children with Behavioral Disorders (NJ3)
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 with Disabilities Education Act (IDEA) acknowledged the extent of racial/ethnic disproportionality in special education, especially when Congress designated this concern among the top three priority areas for monitoring and enforcement in IDEA 2004. However, federal interpretations of the 2004 requirements by the U. S. Department of Education have created confusion at the State (SEA) and Local Education Agency (LEA) levels. While quantitative indices of racial/ethnic disparities remain high, an increasing number of states are finding no LEAs with disproportionality when it must be shown that disproportionality was caused by inappropriate identification. Such data suggest that federal interpretations of IDEA 2004, subsequent regulatory guidelines, and the design of indicators for monitoring and enforcement have not been effective in addressing disproportionate representation in special education. This policy paper includes (a) a review of information on the extent, status, and causes of special education disproportionality; (b) a review of the history and issues involved in the enforcement of IDEA's disciplinary provisions; and (c) recommendations for improving federal policy regarding disproportionality in special education. (Contains 2 tables and 2 footnotes.)
Council for Children with Behavioral Disorders. Council for Exceptional Children, 1110 North Glebe Road, Arlington, VA 22201-5704. Tel: 651-470-1128; Fax: 612-276-0142; Web site:
Publication Type: Reports - Evaluative
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Council for Children with Behavioral Disorders
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act Amendments 1997; Individuals with Disabilities Education Improvement Act 2004