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Disproportionality of Racial and Ethnic Minorities in
Special Education (California)
Disproportionality in Special Education
Part 1:
Disproportionality of Racial and Ethnic Minorities in Special
Education (California)
Presented by:Jennifer Rowe Gonzalez
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Agenda
Defining Disproportionality The Harm of Disproportionality Identifying Disproportionality Best Practices
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Defining Disproportionality
Disproportionality is when the percentage of students with a specific characteristic (e.g., race or ethnicity) enrolled in, and eligible for, special education is higher or lower than their proportion in the general population.
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Defining Disproportionality
The California Department of Education states that in the 2008-2009 school year:African-American students comprised
7.5% of the general population, but 10.92% of special education students;
Asian students comprised 12.2% of the general population, but 6.84% of special education students.
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Defining Disproportionality
Findings in the Individuals with Disabilities in Education Act (“IDEA”) note that: African-American children are identified as having
intellectual disabilities and emotional disturbances at rates greater than their Caucasian counterparts;
More minority children continue to be served in special education than would be expected from the percentage of minority students in the general population;
Studies support that schools with predominantly Caucasian students and teachers have placed disproportionately high numbers of minority students in special education programs.
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Defining Disproportionality
Both California and the Federal government have identified reducing disproportionality in special education programs: IDEA 2004 and the implementing regulations
include important changes addressing the over-identification of racial and ethnic minorities in special education.
State Departments of Education must now monitor and address disproportionality and notify school districts that are out of compliance.
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The Harm of Misidentification:Why Does it Matter?
Special education may not provide the supports that a student requires.
“Disability” label may stigmatize a student.
May result in lowered expectations. Potentially separates a student from
peers. May lead to poor educational
outcomes.
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The Harm of Misidentification:Why Does it Matter?
May lead to poor life outcomes (or lower self-esteem).
May result in higher drop out rates. Students may be denied access to the
general education curriculum. Students may be misunderstood or
under- served in the general education setting.
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The Harm of Misidentification:Why Does it Matter?
What about race discrimination claims? IDEA violations, including evidence of disproportionality in
special education programs does not necessarily result in per se race discrimination.
Race discrimination requires discriminatory intent. However, if a District knows that a particular race or
ethnicity is overrepresented in special education programs, it must review identification, evaluation and placement procedures under the IDEA to address deficiencies.
Blunt v. Lower Merion School District (ED Penn. 2011) 826 F.Supp.2d 749, 111 LRP 67652
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Identifying Disproportionality: How Do We Know if There is a
Problem? The IDEA requires State Departments of Education: To determine both the percentage of
disproportionate representation and the extent to which it is the result of inappropriate identification and
With respect to each LEA in the state: To review data to determine if a “significant
disproportionality” exists; and If so, determine if the disproportionality is the result of
inappropriate identification; and If so, notify the district and assist the district in
carrying out improvement activities.
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Identifying Disproportionality: How Do We Know if There is a
Problem?Where an LEA shows a significant disproportionality,
theState must:
Provide for review and (if appropriate) revision of the LEA’s procedures, practices and policies used in the identification, placement or discipline of children with disabilities to determine if they are consistent with the requirements of the IDEA;
Require the LEA to reserve 15% of its federal funds to provide comprehensive coordinated early intervening services to serve children who have not been identified as children with disabilities, particularly those children in the over-identified groups (even if the disproportionality is not related to inappropriate identification); and
Require the LEA to publicly report on the revision of its policies and procedures used in the identification, placement and discipline of children with disabilities.
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Preventing Disproportional Representation in Special
Education Understand the causes. Implement preventative measures. Keep an open dialogue. Work with the CDE if there is a finding
of disproportionality.
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Causes of Disproportional Representation This is a complex issue. At least four key reasons:
Lack of effective pre-referral instruction and intervention services.
Bias in the/incomplete assessment process.
Teacher inexperience with classroom management and cultural behavior differences.
Underlying racism and cultural ignorance in staff and school processes.
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Best Practices: Pre-Referral
Examine the quality of instruction and classroom management of the referring general education teacher. What pre-referral strategies have been
implemented? Are referrals primarily behavior-based?
Rigorously rule out ELL status. Have efforts been made to reach out to
minority parents prior to referral? Community services? Parent-Teacher conferences to address
behavior?
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Best Practices: Pre-Referral
Is parental-rights information pursuant to the IDEA being provided appropriately to language minority parents?
Consider poverty issues: Screening for hearing and vision or
environmental risk factors in the home (e.g., lead levels);
Lack of consistent access to technology or supplies.
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Best Practices: Assessment
The IDEA requires that all assessments be administered in a “non-discriminatory” manner.
However, The National Council on Disability finds a higher level of over-identification in areas where assessment is "judgmental" (i.e., based on subjective observation rather than actual tests): Emotional Disturbances; Other Health Impairments; Intellectual Disabilities; and Specific learning disabilities.
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Best Practices: Assessment
Use multiple measures and modalities, including non-verbal assessments where appropriate. Evaluations should be individualized. Evaluations should be completed by appropriate
personnel. Must be “administered so as not to be racially,
culturally, or sexually discriminatory.” (Ed. Code § 56320(a).)
“Shall be provided in the pupil’s native language or mode of communication, unless it is clearly not feasible to do so.” (Ed. Code § 56320(a).)
“Provided and administered in the language an form most likely to yield accurate information on what the pupil knows and can do academically, develomentally, and functionally….” (Ed. Code § 56320(b)(1).)
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Best Practices: Assessment
Observations “in an appropriate setting” should include both measurable (numeric) and observable data as well as a narrative ruling out possible cultural reasons for identified behaviors. (See Ed. Code § 56327(c).)
Examine the quality of the general education instruction and classroom management techniques.
Evaluators should gather, include and consider information about the student’s home and family culture. What about attendance/truancy?
Family members should be included throughout the evaluation process (as appropriate).
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Best Practices: Assessment Rule out environmental or socio-economic factors
(including life stressors). Document this discussion in both the assessment and
during any IEP team meetings. Report on “educationally relevant health and
development, and medical findings, if any.” (Ed. Code § 56327(e).)
Make “a determination concerning the effects of environmental, cultural, or economic disadvantage….” Ed. Code § 56327(g).)
Examine a student’s previous instruction in math and reading to determine if this is the primary reason for learning or behavior difficulties.
Allow for ample time for assessment.
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Best Practices: Supporting Teachers Examine whether this is racial disparity
among teacher referrals. By race? By experience of teacher?
Examine whether referrals come from teachers with classroom management issues. Provide support in classroom management
techniques. Provide on-going training and supervision to
improve techniques. Ensure all teachers have been trained to
effectively participate in pre-referral intervention strategies. Response to Intervention (RTI)—Academics and
Behavior
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Best Practices: Supporting Teachers Allocate time for general education and
special education teachers to collaborate on a routine basis.
Ensure that teachers are making a consistent effort to communicate with parents. Are teachers given the time and opportunity to
do so? Are they encouraged to do so? Do they know how?
Ensure that all students are given access to enrichment opportunities, technology and supplies.
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Best Practices: Underlying Bias Ensure administrators and teachers are trained in
sensitivity to racial and cultural bias in instruction and assessment.
Cultivate a diverse culture through curriculum and student expectations.
Include both special and general education teachers in discussion and review of data.
Understand that behavioral standards are culture-bound. Behavioral incidents may occur as a result of “cultural
mismatch” – Address these accordingly. What are the differences between a student’s culture and
the school’s culture? What are the expectations? What if the child is from another country?
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Keeping an Open Dialogue
Issues of race can be sensitive. Keep an open, non-judgmental dialogue to address biases and solutions.
Get “ahead of the game” and pinpoint where any disproportionality may exist. Are certain programs racially unbalanced? Do certain administrators or teachers express a
bias? If a finding of significant disproportionality
is made, work with the CDE and legal counsel to ensure policies and procedures are compliant.
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Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information
may apply to your specific facts and circumstances.
Disclaimer– Keenan & Associates is an insurance brokerage and consulting firm. It is not a law firm or an accounting firm. We do not give legal advice or tax advice and neither this presentation, the answers provided during the Question and Answer period, nor the documents accompanying this presentation constitutes or should be construed as legal or tax advice. You are advised to follow up with your own legal counsel and/or tax advisor to discuss how this information affects you.
