Annual State Application Under Part B of IDEA

State

Section V.B

Significant Disproportionality Reporting Form¹

In accordance with 34 CFR §300.647(b)(7), States are required to report to the Secretary risk ratio thresholds, minimum cell sizes, minimum n-sizes, standards for measuring reasonable progress, if appropriate, and rationales for each. In general, these rationales must contain justifications for the choices made, including, if any, relevant data and research relied upon to make an informed choice, and how the State included stakeholders in that process. Additionally, pursuant to the authority established in section 618(a)(3) of the IDEA, the Secretary is also requiring States to report the number of years of data used by your State in making annual determinations of significant disproportionality.

Section a: Minimum N-Sizes

1. Has the State established a minimum N size of 30 or less in each of the 14 categories of analysis described in 34 CFR §300.647(b)(3) and (4) and verified that the State does not expect to have a comparison group in any of the categories of analysis that meets the minimum n size?

   1. If you answered YES, stop. You do not need to complete the rest of this document.

1. Does your State use a presumptively reasonable minimum n-size of 30 or less for each of the 14 categories of analysis described in 34 CFR §300.647(b)(3) and (4)?

   1. If you answered YES to question 2 and use only one minimum n-size of 30 or less, fill in the information here:_______ and provide the rationale here:_______. If more than one minimum n-size of 30 or less is used, complete the following table by providing the n-sizes and rationales for each.

   2. If you answered NO to question 2 and only use one minimum n-size, fill in the information here:_______ and provide the rationale here:_______. If more than one minimum n-size is used, complete the following table by providing the n-sizes and rationales for each. In addition to the justification described above, the rationales must include a detailed explanation of why the numbers chosen are reasonable and how they ensure that the State is appropriately analyzing and identifying LEAs with significant disparities, based on race and ethnicity, in the identification, placement, or discipline of children with disabilities, as required by 34 CFR §300.647(b)(7).

Category of Analysis	Minimum N-Size	Rationale
All disabilities
Autism
Emotional disturbance
Intellectual disability
Other health impairments
Specific learning disability
Speech and language impairments
Inside a regular classroom less than 40% of day
Inside separate schools and residential facilities
Total disciplinary removals
Out of school suspensions <10 days
Out of school suspensions >10 days
In school suspensions <10 days
In school suspensions >10 days

Section b: Minimum Cell Sizes

3. Does your State use a presumptively reasonable minimum cell size of 10 or less for each of the 14 categories of analysis described in 34 CFR §300.647(b)(3) and (4)?

   1. If you answered YES to question 3 and only use one minimum cell-size of 10 or less, fill in the information here:_______ and provide the rationale here:_______. If more than one minimum cell size of 10 or less is used, complete the following table by providing the cell-sizes and rationales for each.

   2. If you answered NO to question 3 and only use one minimum cell-size, fill in the information here:_______ and provide the rationale here:_______. If more than one minimum cell-size is used, complete the following table by providing the cell-sizes and rationales for each. In addition to the justification described above, the rationales must include a detailed explanation of why the numbers chosen are reasonable and how they ensure that the State is appropriately analyzing and identifying LEAs with significant disparities, based on race and ethnicity, in the identification, placement, or discipline of children with disabilities, as required by 34 CFR §300.647(b)(7).

Category of Analysis	Cell Size	Rationale
All disabilities
Autism
Emotional disturbance
Intellectual disability
Other health impairments
Specific learning disability
Speech and language impairments
Inside a regular classroom less than 40% of day
Inside separate schools and residential facilities
Total disciplinary removals
Out of school suspensions <10 days
Out of school suspensions >10 days
In school suspensions <10 days
In school suspensions >10 days

Section c: Risk Ratio Thresholds

4. Does your state use one risk ratio threshold for each of the 14 categories of analysis described in 34 CFR §300.647(b)(3) and (4)?

   1. If you answered YES to question 4, provide the threshold here: _______ and provide the rationale here: _______.

   2. If you answered NO to question 4, complete the table immediately following and provide the rationale for the chosen risk ratio threshold for each category.

Category of Analysis	Risk Ratio Threshold	Rationale
All disabilities
Autism
Emotional disturbance
Intellectual disability
Other health impairments
Specific learning disability
Speech and language impairments
Inside a regular classroom less than 40% of day
Inside separate schools and residential facilities
Total disciplinary removals
Out of school suspensions <10 days
Out of school suspensions >10 days
In school suspensions <10 days
In school suspensions >10 days

Section d: Reasonable Progress

5. Does your state utilize the reasonable progress flexibility?

   1. If you answered NO to question 5, proceed to question 6.

   2. Does your state utilize the same reasonable progress flexibility for each of the 14 categories of analysis described in 34 CFR §300.647(b)(3) and (4)?

      1. If you answered YES to question 5b, provide your State’s standard for measuring reasonable progress here: ______ and your rationale here: _____.

      2. If you answered NO to question 5b, complete the following table by providing your State’s standards for reasonable progress and your rationale for each category.

Category of Analysis	Standard	Rationale
All disabilities
Autism
Emotional disturbance
Intellectual disability
Other health impairments
Specific learning disability
Speech and language impairments
Inside a regular classroom less than 40% of day
Inside separate schools and residential facilities
Total disciplinary removals
Out of school suspensions <10 days
Out of school suspensions >10 days
In school suspensions <10 days
In school suspensions >10 days

Section e: Number of Years of Data

6. Does your state use the same number of years of data in making annual determinations of significant disproportionality for each of the 14 categories of analysis described in 34 CFR §300.647(b)(3) and (4)?

   1. If you answered YES to question 6, provide the number of years of data your State uses in making annual determinations of significant disproportionality: ___ years

   2. If you answered NO to question 6, complete the table immediately following.

Category of Analysis	Number of Years of Data Used
All disabilities
Autism
Emotional disturbance
Intellectual disability
Other health impairments
Specific learning disability
Speech and language impairments
Inside a regular classroom less than 40% of day
Inside separate schools and residential facilities
Total disciplinary removals
Out of school suspensions <10 days
Out of school suspensions >10 days
In school suspensions <10 days
In school suspensions >10 days

Public Burden Statement

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of

information unless such collection displays a currently valid OMB control number. The valid OMB control

number for this collection is 1820-0030. Public reporting burden for this collection of information is

estimated to average 14 hours per responses, and an average of 25 additional hours for responses

reporting data related to significant disproportionality in a given year, including the time for reviewing

instructions, searching existing data sources, gathering and maintaining the data needed, and completing

and reviewing the collection of information. If you have comments or concerns regarding the status of your individual submission of this form, please contact Jennifer Simpson at [email protected] or at the Office of Special Education and Rehabilitative Services US Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

1 This document is for informational purposes only. It includes all the data elements that States will be required to submit using a fillable PDF form that will be distributed with the Part B application for funds.

Part B Annual State Application: FFY 2020 Section I -6

OMB No. 1820-0030/Expiration Date – X-XX-20XX