DISPROPORTIONALITY

1. The Ohio department of education and each school district must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the school districts of the state with respect to:

a. 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 the definition of “child with a disability” in paragraph (B)(10) of rule 3301-51-01 of the Administrative Code;

b. The placement in particular educational settings of these children; and

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

2. 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 paragraph (C)(1) of this rule, the Ohio department of education must:

a. Provide for the review and, if appropriate, revision of the policies,

b. procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of the IDEA.

c. Require any school district identified under paragraph (C)(1) of this rule to reserve the maximum amount of funds under Section 613(f) of the IDEA to provide comprehensive coordinated early intervening services to serve children in the school district, particularly, but not exclusively, children in those groups that were significantly over identified under paragraph (C)(1) of this rule; and

d. Require the school district to publicly report on the revision of policies, practices, and procedures described under paragraph (C)(2)(a) of this rule.