The guidance reasserts IDEA’s requirements to:

1. collect data on children with disabilities involved in long-term suspensions and expulsions,20 U.S.C. § 1418(a)(1)(A)(v)(III), and
2. disaggregate the data to determine if there are significant discrepancies among school districts and compared to children without disabilities.^[1]

If there are significant discrepancies, the state must review local policies, procedures and practices relating to “behavioral interventions and supports, and procedural safeguards.”.^[2] And if appropriate, require school districts to revise them in order to comply with the IDEA. If there is significant disproportionality, the state “must provide for the annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the requirements of IDEA.”^[3] Additionally, the state must require school districts to “publicly report on any revisions of their policies, practices, and procedures.”^[4], and the impacted school districts “must reserve 15 percent of their IDEA funds to provide comprehensive coordinated early intervening services to address factors contributing to the significant disproportionality in discipline.”^[5]

1. 20 U.S.C. § 1412(a)(22)(A).[↩]
2. 20 U.S.C. § 1412(a)(22)(B).[↩]
3. 34 C.F.R. § 300.646(c)(1)[↩]
4. 34 C.F.R. § 300.646(c)(2)[↩]
5. 34 C.F.R. § 300.646(c) and (d).[↩]