State, federal violations in special ed

The Minnesota Department of Education notified Minneapolis Public Schools that it’s in violation of state and federal law for overidentifying Black students in the category of “developmental cognitive disability” for the past three years. The notification is part of an annual review process conducted by the state, as required by federal law, to determine what’s known as “disproportionality” in special education. The review compares identification, placement and discipline for students with disabilities across racial groups.

Disproportionality is particularly concerning for Black families and their children because they are more likely to be identified in disability categories that are socially stigmatized, like developmental cognitive disabilities or emotional behavior disorder. Students placed in these categories are often placed in separate classrooms or schools, which may limit their access to rigorous coursework, electives and other opportunities open to students without disabilities. Under federal law, the district is now required to set aside 15 percent of its federal special education funds to address the disparities through a process called coordinated early intervention services, or CEIS. Using $1.2 million from its federal special education funds, the district’s plan must provide services to students without disabilities to prevent overidentification in the future.

The district has selected six elementary schools that account for a substantial part of the disproportionate identification. One position will be added at each school. MDE has also notified the district that it’s at risk of violations in two other categories. For the past two years, Black students with disabilities in the district have been suspended, expelled or otherwise removed from school for disciplinary issues at more than three times the rate of other students with disabilities. And, in the 2023-24 school year, Black students with disabilities were suspended for more than 10 days more than three times as often as other students with disabilities…

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