Significant Disproportionality

An intermediate school district (ISD) identified with significant disproportionality under Michigan’s methodology is required to implement comprehensive coordinated early intervening services (CCEIS) and complete the other actions required by the Individuals with Disabilities Education Act (IDEA).

Under IDEA section 618(d)(2), 20 U.S.C. § 1418(d)(2), and 34 C.F.R. § 300.646(c)–(d), an identified ISD must:

1. Reserve IDEA funds for CCEIS: Reserve the maximum amount of IDEA Part B funds permitted under section 613(f) of IDEA—15 percent of the ISD’s IDEA Part B Sections 611 and 619 funds—to provide CCEIS that address the factors contributing to the significant disproportionality.
2. Identify and address contributing factors: Examine relevant data and identify the factors contributing to the significant disproportionality. The ISD must address the identified factors, including at least one policy, practice, or procedure contributing to the significant disproportionality.
3. Review and, if appropriate, revise policies, practices, and procedures: Annually review the policies, practices, and procedures used in identification, educational placement, or disciplinary removals, as applicable to the area of significant disproportionality, to ensure compliance with IDEA. The ISD must revise those policies, practices, or procedures when appropriate.
4. Publicly report revisions: Publicly report any revisions to its policies, practices, and procedures, consistent with the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99, and IDEA section 618(b)(1).

CCEIS may include professional development and educational and behavioral evaluations, services, and supports. CCEIS may serve children ages 3 through grade 12, including children with and without disabilities. Services must particularly, but not exclusively, address children in the racial or ethnic group or groups identified with significant disproportionality. An ISD may not limit CCEIS to children with disabilities.

CCEIS activities may not delay an appropriate evaluation of a child suspected of having a disability or otherwise interfere with the requirements of child find or the provision of a free appropriate public education.

An identified ISD remains responsible for the required CCEIS reservation and implementation, including when activities or services are carried out within one or more member districts. The ISD’s CCEIS program design must demonstrate how the proposed population, activities, use of funds, implementation measures, and member-district involvement address the factors contributing to the ISD’s significant disproportionality.

Consistent with IDEA section 613(f)(4), 20 U.S.C. § 1413(f)(4), and 34 C.F.R. § 300.226(d), ISDs implementing CCEIS must maintain and annually report data on the number of children receiving services and the number of those children who subsequently receive special education and related services under IDEA Part B during the applicable two-year reporting period.

The required CCEIS program design, supporting documentation, and subsequent data reporting are completed in Catamaran.

Applicable federal requirements: 20 U.S.C. §§ 1413(f) and 1418(d); 34 C.F.R. §§ 300.226 and 300.646.

Under IDEA section 613(f), 20 U.S.C. § 1413(f), and 34 C.F.R. § 300.226, an intermediate school district (ISD) may voluntarily use up to 15 percent of the IDEA Part B funds it receives for a fiscal year, less any amount by which the ISD reduces its maintenance-of-effort obligation under 34 C.F.R. § 300.205, to develop and implement coordinated early intervening services (CEIS).

Voluntary CEIS are for students in kindergarten through grade 12, with particular emphasis on students in kindergarten through grade 3, who:

• Have not been identified as children with disabilities;
• Do not currently receive special education and related services under IDEA Part B; and
• Need additional academic or behavioral support to succeed in the general education environment.

Voluntary CEIS activities may include:

1. Professional development for teachers and other school staff to help them deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction and, when appropriate, the use of adaptive and instructional software; and
2. Educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.

The use of voluntary CEIS funds may not delay an appropriate evaluation of a child suspected of having a disability, limit the requirements of child find, or create or limit a child’s right to a free appropriate public education under IDEA Part B.

Each ISD implementing voluntary CEIS must annually report to the Michigan Department of Education Office of Special Education:

• The number of students who received CEIS; and
• The number of students who received CEIS and subsequently received special education and related services under IDEA Part B during the applicable two-year reporting period.

A member district may begin the voluntary CEIS process in Catamaran by submitting a proposal to its ISD for consideration. An ISD may also begin the voluntary CEIS process without receiving a member-district proposal. The proposal, program-design review, approval process, and subsequent data reporting are completed in Catamaran.

Applicable federal requirements: 20 U.S.C. § 1413(f); 34 C.F.R. §§ 300.205 and 300.226.