SD is a State-determined condition in which disproportionality in the identification, educational placement, or discipline of children with disabilities within an LEA exceeds the State's threshold established under the standard methodology and its flexibilities found in 34 CFR, §300.647 (see the Texas Significant Disproportionality Crosswalk). Texas uses a risk-ratio threshold of 2.5.
Under 20 U.S.C 1418 (d) and 34 Code of Federal Regulations (CFR) §300.646, states must provide for the collection and examination of data to annually determine whether significant disproportionality based on race or ethnicity is occurring in the State and local education agencies (LEAs) with respect to three areas.
Notification of Significant Disproportionality Year 3 letters were sent to LEAs on October 9, 2025.
If an LEA is found to be SD in one or more of the SD categories as published in the Results Driven Accountability (RDA) report for three years in a row, LEAs are required to:
Review (and, if appropriate) revise policies, procedures, and practices;
Reserve the maximum amount of funds to be used for early intervening services; and
Report on the revision of policies, procedures, and practices.
Assurance Requirement: SD 3 LEAs must submit an assurance through the Legal Framework for the Child-Centered Special Education Process portal by January 15, 2026.
Acceptable methods of communication for publicly reporting any revisions to the policies, practices, and procedures may include a school board meeting announcement, a notice in the local newspaper, a posting on the LEA's website, and direct notices to families.
LEAs with an SD determination must reserve 15 percent of their IDEA Part B and Part B Preschool flow-through funds for Comprehensive Coordinated Early Intervening Services (CCEIS) to address factors contributing to SD. This 15 percent reservation must be identified in the LEA's Special Education Consolidated Grant application.
Survey Requirement: LEAs identified with SD must complete the TEA Significant Disproportionality and CCEIS Survey by November 21, 2025.
Additional Resources
Texas SPED Support houses a variety of trainings and resources to support this spotlight topic.