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This article examines the issues surrounding the equity-focused legal reform that prioritized disproportionality. We present a critique of the federal policy focused on the lack of a definition of “significant disproportionality” and on the methods (risk ratios) of reporting of disproportionality. We posit that federal compliance reporting limits meaningful approaches to addressing inequities inherent in school systems and reinforces these inequities. Based on the Individuals with Disabilities in Education Act (IDEA) compliance reports submitted to Congress, we report each states’ definitions of and methods of calculation of disproportionality. We suggest that the absence of a federal definition of “significant” overrepresentation in IDEA, coupled with variability in operationalization of overrepresentation, nullify the purported goal of the mandates designed to reduce disproportionality.
Wendy Morrison Cavendish, University of Miami
Alfredo J. Artiles, Arizona State University
Beth Harry, University of Miami
Anabel Espinosa, University of Miami
Ana Maria Menda, University of Nevada - Las Vegas
Margarette Mahotiere, University of Miami