IDEA & Disproportionality
Perry Williams, Ph.D.Office of Special Education Programs, U.S. Department of Education
What we will cover:
Extent of the Problem IDEA 2004 Policies & 2006 Regulations
Related to Disproportionality Requirements for determining disproportionate
representation Requirements for significant disproportionality
Why Disproportionality is a Problem
Risk Ratio Trends: Mental Retardation and Emotional DisturbanceDisability Area
Year African-American
% of AA Risk Increase
White Hispanic Asian American Indian
MR2002 3.04
38% growth from
1994 to 2001
.61 .60 .45 1.10
2001 2.99 .63 .58 .44 1.09
1994 2.20 .66 .9 .34 1.13
ED2002 2.25
41% growth from
1994 to 2001
.86 .52 .28 1.30
2001 2.21 .87 .52 .29 1.25
1992 1.60 .99 .56 .14 N/A
Impact of Disproportionality: More likely to be assigned to segregated
classrooms or placements; Have limited access to inclusive and general
educational environments; Experience higher dropout rates and low
academic performance; Are exposed to substandard and less
rigorous curricula May be missclassified or inappropriately
labeled
May receive services that do not meet their needs; and
Are less likely than their white counterparts to return to general education classrooms.
Post-School Outcomes
Unemployed 2 years 75% AA students
Out of high school 47% White
Still not employed 52% AA young adult
3-5 years out of school 39% White
Arrest rate 40% AA w/disab.
27% Whites w/disab
Why? Some Hypothesis: Failure of general education to educate
children from diverse backgrounds Misidentification, misuse of tests Lack of access to effective instruction Insufficient resources Teachers who are less well prepared Poverty
Reauthorization of IDEA 2004 and its implementing regulations
Priority Areas and Indicatorsin the SPP
Provision of FAPE in the LRE State exercise of general supervision,
including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services; and
Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification
WWhat States Must Do Regarding Disproportionate Representation
§300.600(d)(3)
Monitoring
Identify LEAs with disproportionate representation, and of those, the number where the disproportionate representation is the result of inappropriate identification for:
Indicator 9 - children with disabilities including
Indicator 10 - children with disabilities with particular impairments.
Measurement Information:
Definition of disproportionate representation Exam data for both over- and
underrepresentation Use OSEP Child Count data Racial/ethnic data for children ages 6 through
21 Description of how DR is calculated Analyze data for each district, for all
racial/ethnic groups, n size…
Areas for review
School-wide approaches & EIS/RTI Referral practices Comprehensiveness of evaluations Validity & reliability – nonbiased –
assessments Eligibility determination process Suspensions/expulsions Graduation and dropout rates Student performance
If Disproportionality is due to inappropriate identification, require the LEA to correct the noncompliance, including revising deficient policies, procedures, and practices.
RReportingeporting
States must annually report in the Annual Performance Report on:
% of districts with DR of racial and ethnic groups
that results from inappropriate identification.
in special education and related services
in specific disability categories
WWhat States Must Do Regarding Significant Disproportionality
§300.646
DDefining “Significant Disproportionality”
State determines criteria for what level of disproportionality is significant
State defines for LEAs and for state in general
What are the requirements for determining significant disproportionality and the use of IDEA funds for comprehensive CEIS?
States are required to collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in the state and LEAs of the state with respect to:
Identification of children with disabilities; Identification of children as children with a
particular disability; Placement of children with disabilities in
particular educational settings; and Incidence, duration, and type of disciplinary
actions, including suspensions and expulsions.
DDetermining “Significant Disproportionality”
Is based on collection and examination of data --
-- and not on a district’s policies, procedures, or
practices.
For DDeterminations of Significant Disproportionality
States must:
Provide for the review and revision (as necessary) of policies, procedures, and practices used in identification or placement of children*
* Do these comply with requirements of IDEA?
Require LEAs to use 15% of Part B funds for Coordinated early intervening services
…particularly, but not exclusively, for children in those groups significantly overidentified.
For DDeterminations of Significant Disproportionality
States must:
For DDeterminations of Significant Disproportionality
LEA must:
Publicly report on the revision of policies, practices, and procedures