Federal Policy on Disproportionality in Special Education Is it Moving us Forward?

Monitoring requirements in the 1997 amendments to and 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA) acknowledged the existence and extent of racial/ethnic disproportionality in special education, especially when, in 2004, Congress designated this concern among the top three priority areas for monitoring and enforcement of the law. However, federal interpretations of the 2004 requirements have created confusion at the State (SEA) and Local Education Agency (LEA) levels. This article analyzes data from state Annual Performance Reports to assess the progress made in identifying disproportionality. Though high levels of disproportionality remain, an increasing number of states are finding no LEAs with disproportionality when it must be shown that the disproportionality was caused by inappropriate identification. The analyses provided suggest that federal interpretations of IDEA 2004 have not been effective in addressing disproportionate representation in special education. Recommendations for improving policy to remedy this serious problem are provided.