Equity in Special Education

Resources for Equity, Inclusion, and Opportunity

In 2016 the Federal Office of Special Education Programs amended the Individuals with Disabilities Education Act (IDEA) regulations relating to significant disproportionality. This disproportionality occurs when students of one racial/ethnic group are more likely to receive special education identification in a specific category, placement in a more restrictive setting, or more out of class discipline compared to all other students, thus denying them access to instruction and the support they need to succeed academically. The IDEA requires the Department to promote equity by identifying and preventing significant disproportionality.

Understanding and applying the knowledge of your district’s data story helps ensure services are getting to students in an appropriate way.

Additionally, Nebraska is required to identify, annually, the percent of districts with the significant discrepancy in out-of-school suspensions for students with disabilities and by race/ethnicity for students with disabilities in out-of-school suspension. Also, required is identifying districts with disproportionate representation of racial/ethnic groups due to inappropriate identification.

Districts identified with significant disproportionality or in a Cautionary Zone for Discipline will be notified in writing by NDE in the Spring. Districts identified with significant disproportionality or in the Cautionary Zone for Identification or Placement will be notified in writing by NDE in the Fall.