This is one in a series of documents prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education that covers a variety of high-interest topics and brings together the regulatory requirements related to those topics to support constituents in preparing to implement the new regulations. This document addresses the final regulatory requirements regarding disproportionality and overidentification.
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One provision in IDEA 2004 that is related to disproportionate representation has to do with early intervening services (EIS). EIS refers to the broad application of scientifically-based prevention and support services. EIS provides intervention for students who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in the general education classroom.
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On this Web page, OSEP provides links to various resources on EIS, including a video clip, training materials, a dialogue guide, presentations, a Q&A document, and more on how the 2006 regulations address early intervening services. Also included is a link to the EIS topical brief mentioned above.
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Data from OCR's 2002 survey is available here, disaggregated by factors that include race, ethnicity, gender, and disability. Special education data are included. Data from the 2000 survey and the 2004 and 2006 Civil Rights Data Collections can also be accessed from this site, as well as a tutorial on how to select data, customize its presentation, and save it in a file.
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This guide focuses on two of the more common methods of calculating disproportionality -- composition and risk. It summarizes how to apply each of these methods to State and district-level data when assessing racial/ethnic disproportionality. Published in 2003 by Westat.
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