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 regulations surrounding Significant Disproportionality (34 CFR §300.616) was finalized to be changed in December 2016 with an implementation date of July 1, 2018. However, the U.S. Department of Education postponed the compliance date for implementing the 2016 significant disproportionality regulations by two years, from July 1, 2018 to July 1, 2020. Please be noted that States' statutory obligation to make annual determinations as to whether significant disproportionality exists in their LEA remains, regardless of the delay of the 2016 regulations.
Please see the resources below for more information about the 2016 Significant Disproportionality regulations, its delay, and Colorado's plan to be compliant with the new regulations by July 1, 2020.
- 2016 Significant Disproportionality Regulations (34 CFR §300.616)
- Delay in Compliance Date of the 2016 Significant Disproportionality Regulations (83 FR 31306)
- What is Colorado's plan after the federal delay?
- Significant Disproportionality in Special Education - Fact Sheet Vol. 2 (PDF)
- Colorado's Definition of Significant Disproportionality for SY2018-19 and more (PDF)
- Timeline to implement Colorado's New Definition of Significant Disproportionality (PDF)
- Timeline of Significant Disproportionality Determination (PDF)