IDEA & Disproportionality
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IDEA & Disproportionality
Perry Williams, Ph.D.
Office of Special Education Programs, U.S. Department of Education

Why Disproportionality is a Problem
Risk Ratio Trends: Mental Retardation and Emotional Disturbance
In-School Outcomes:
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
Drop outs or receive a certificate of attendance
High unemployment rates
Lack of preparation for the workforce
Difficulty in gaining access to postsecondary education.

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 African American students may be overrepresented in special education?
Failure of the general education system to educate children from diverse backgrounds.
Inequities associated with special education referral and placement procedures.
Misidentification & misuse of tests.
Lack of access to effective instruction in general education programs.
Insufficient resources and less well trained teachers making learning more difficult.


Other assumptions:
Language
Intrinsic deficits? Child poverty & associated risk factors
Assumptions about intelligence
Wait-to-fail model
Research to practice gap

Reauthorization of IDEA 2004 and its implementing regulations
Priority Areas and Indicators in the SPP/APR
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
What 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.
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
Reporting
States must annually report in the Annual Performance Report on:
What States Must Do Regarding Significant Disproportionality
§300.646
Defining “Significant Disproportionality”
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.

Determining “Significant Disproportionality”
For Determinations of Significant Disproportionality
States must:
States must:
For Determinations of Significant Disproportionality
LEA must:
Edge
IDEA & Disproportionality
Perry Williams, Ph.D.
Office of Special Education Programs, U.S. Department of Education

Why Disproportionality is a Problem
Risk Ratio Trends: Mental Retardation and Emotional Disturbance
In-School Outcomes:
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
Drop outs or receive a certificate of attendance
High unemployment rates
Lack of preparation for the workforce
Difficulty in gaining access to postsecondary education.

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 African American students may be overrepresented in special education?
Failure of the general education system to educate children from diverse backgrounds.
Inequities associated with special education referral and placement procedures.
Misidentification & misuse of tests.
Lack of access to effective instruction in general education programs.
Insufficient resources and less well trained teachers making learning more difficult.


Other assumptions:
Language
Intrinsic deficits? Child poverty & associated risk factors
Assumptions about intelligence
Wait-to-fail model
Research to practice gap

Reauthorization of IDEA 2004 and its implementing regulations
Priority Areas and Indicators in the SPP/APR
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
What 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.
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
Reporting
States must annually report in the Annual Performance Report on:
What States Must Do Regarding Significant Disproportionality
§300.646
Defining “Significant Disproportionality”
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.

Determining “Significant Disproportionality”
For Determinations of Significant Disproportionality
States must:
States must:
For Determinations of Significant Disproportionality
LEA must:



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