14 Del. Admin. Code § 927-46.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 927-46.0 - Disproportionality

46.1 General: Each LEA and other public agency shall comply with the DOE's procedures, instructions and forms for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in Delaware and the LEAs of the State with respect to:

46.1.1 The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the Act;

46.1.2 The placement in particular educational settings of these children; and

46.1.3 The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.

46.1.4 Review and revision of policies, practices, and procedures: In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children, in accordance with 46.1, the DOE shall:

46.1.4.1 Provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the Act.

46.1.4.2 Require any LEA identified in 46.1 to reserve the maximum amount of funds under section 613(f) of the Act to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly over identified 46.1; and

46.1.4.3 Require the LEA to publicly report on the revision of policies, practices, and procedures described 46.1.4.1.

(Authority: 20 U.S.C. 1418(d); 14 Del.C. § 3110)

14 Del. Admin. Code § 927-46.0

10 DE Reg. 1816 (06/01/07)
15 DE Reg. 355 (09/01/11)