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IDEA 2004 Legislation
IDEA 2004 requires states to collect and examine data to determine whether significant disproportionality based on race and ethnicity is occurring in the state and its local education agencies with respect to identification, placement, and disciplinary actions.

Specifically, IDEA 2004 requires states to collect and examine data to determine whether significant disproportionality based on race and ethnicity is occurring in the state and its local education agencies with respect to (a) the identification of children as children with disabilities, including identification in accordance with a particular impairment (described in Section 602[3]); (b) the placement in particular education settings of such children; and (c) the incidence, duration, and type of disciplinary actions, including suspensions and expulsions. IDEA 2004 also specifies how local education agencies may use not more than 15 percent of Part B funds for any fiscal year to develop and implement early intervening services.

If significant disproportionality exists, IDEA 2004 requires states and local education agencies to review and, if appropriate, revise policies, procedures, and practices to comply with IDEA’s requirements. (Section 618[d][1]and [2])

IDEA 2004 specifies that local education agencies may use not more than 15 percent of Part B funds for any fiscal year to develop and implement coordinated early intervening services for students in kindergarten through grade 12 (with a particular emphasis on K-3 students) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. (Section 613[f][1],[2],[3])

The Congressional findings state that “the purpose of early intervening services is to reduce the need to label children as disabled in order to address their learning and behavioral needs.” IDEA 2004 requires that any local education agency identified as having disproportionate representation must reserve the maximum amount of funds (15 percent) to provide comprehensive, coordinated early intervening services. (Section 618[d][2][B])



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