Flexibility. A State is not required to identify an LEA as having significant disproportionality based on race or ethnicity under 300.646(a) and (b) until -
(1) The LEA has exceeded a risk ratio threshold set by the State for a racial or ethnic group in a category described in paragraph (b)(3) or (4) of this section for up to three prior consecutive years preceding the identification; and
(2) The LEA has exceeded the risk ratio threshold and has failed to demonstrate reasonable progress, as determined by the State, in lowering the risk ratio or alternate risk ratio for the group and category in each of the two prior consecutive years.


34 CFR § 300.647

Scoping language

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