1. Office of Special Education and Rehabilitative Services United States Department of Education O S E R S Disproportionality What Is It? What Can We Do About It? Presented by Mary Jane Pearson, SRR, Region IX U.S. Department of Education Acknowledgments: Dan Reschly, Chair, Department of Special Education, Peabody College, Vanderbilt University

2. O S E R S Disproportionality: What Is It? Disproportionality exists when a group is in special education at a higher rate than the population average. Over-representation of minorities is the main concern Over-representation of minorities is the main concern Questions also about under-representation Questions also about under-representation Questions also about gender disproportionality Questions also about gender disproportionality

3. O S E R S Indices for Calculating Disproportionate Representation Risk Index:Percentage of all students of a given racial/ethnic group identified in a given disability category Odds Ratio:A comparative index that provides information relative to other groups Composition:Reflects the proportion of all children served under a given disability category who are members of a given racial/ethnic group

4. O S E R S Criteria for Concern Relative risk ratios of greater than 1.5, indicating overrepresentation by race in any special education category or in the overall disabilities count, would be a concern Relative risk ratios of greater than 1.5, indicating overrepresentation by race in any special education category or in the overall disabilities count, would be a concern

5. O S E R S National Disproportionality Patterns All Disabilities, age 6-21 (National Research Council Report) GroupRiskRisk Ratio African American:14.3%1.2 times African American:14.3%1.2 times Native Am. Indian:13.1%1.1 times Native Am. Indian:13.1%1.1 times White:12.1%1.0 times White:12.1%1.0 times Hispanic:11.3%.9 times Hispanic:11.3%.9 times Asian Pacific-Islander:5.3%.4 times Asian Pacific-Islander:5.3%.4 times

6. O S E R S National Disproportionality Patterns Mental Retardation (MR) Composition:35% of Students served in the category of MR are African American; 17% of the overall student population is African-American Risk:2.6% of African Americans are served in the category of MR Odds Ratio:Rate for African Americans is 2.4 times higher than that of White Students No other groups are overrepresented in MR No other groups are overrepresented in MR

7. O S E R S National Disproportionality Patterns Emotional Disturbance (ED) Composition:26.4% of Students served in the category of ED are African American; 17% of the overall student population is African-American Risk: 1.6% of African-American Students are served in the category of ED Odds Ratio: Rate for African American Students is 1.6 times higher than that of White Students No other group overrepresented in ED No other group overrepresented in ED

8. O S E R S National Disproportionality Patterns Learning Disabilities (LD) Composition:1.37% of Students with LD are Native American Indian; 1.1% of the overall student population is Native American Indian Risk: 7.3% of Native American Indian Students are in LD Odds Ratio: Native American Indian Students are 1.2 times more likely to be in LD than White Students No other group is overrepresented in LD No other group is overrepresented in LD

9. O S E R S Determining if Disproportionate Representation Exists National and State Data See Web site, www.ideadata.org (click annual report tables, then Part B, then Child Count, 2001, then Table AA-13) See Web site, www.ideadata.org (click annual report tables, then Part B, then Child Count, 2001, then Table AA-13)www.ideadata.org Use this information to determine whether the state (called the SEA) and the local school district (called the LEA) disability identification rates are significantly different from National or State patterns Use this information to determine whether the state (called the SEA) and the local school district (called the LEA) disability identification rates are significantly different from National or State patterns

10. O S E R S Determining if Disproportionate Representation Exists Local Educational Agency Data All LEAs determine a child count on December 1 regarding: Number of students with disabilities by race, category of disability, program placement (e.g. resource, special class, etc.) Number of students with disabilities by race, category of disability, program placement (e.g. resource, special class, etc.)

11. O S E R S Criteria for Concern More concern if accompanied by: High overall rates of disability identification in relation to state and national averages High overall rates of disability identification in relation to state and national averages Disproportionate placement by race in more restrictive or more segregated educational settings: Disproportionate placement by race in more restrictive or more segregated educational settings: 20% or less of time outside of general education 20% or less of time outside of general education 21% to 60% outside of general education 21% to 60% outside of general education >60% outside of general education >60% outside of general education Placement outside of general education schools in special centers, institutions, residential settings or home bound Placement outside of general education schools in special centers, institutions, residential settings or home bound

12. O S E R S Criteria for Concern Worst case:Overrepresentation by race in a special education category with further overrepresentation in more restricted settings (segregated from normal children)

13. O S E R S State and Local Variations Yes, there is variation across states and local school districts… Yes, there is variation across states and local school districts…

14. O S E R S Factors Contributing to Disproportionate Representation School level factors: ineffective academic curriculum and behavioral supports ineffective academic curriculum and behavioral supports inadequate instructional and classroom management skills inadequate instructional and classroom management skills poor support and referral systems for students at risk poor support and referral systems for students at risk insufficient support for teachers working with culturally diverse groups insufficient support for teachers working with culturally diverse groups

15. O S E R S Factors Contributing to Disproportionate Representation Other Factors: Effects of poverty Effects of poverty Limited English proficiency Limited English proficiency Residence in inner cities Residence in inner cities Race/ethnicity factors that contribute to referrals, testing, and incorrect placement of children from racial and ethnic minorities in special education classes Race/ethnicity factors that contribute to referrals, testing, and incorrect placement of children from racial and ethnic minorities in special education classes

16. O S E R S Disproportionality: What Can We Do About It? Inform all educational personnel about representation patterns and get the states and local districts commitment to improve representation patterns Inform all educational personnel about representation patterns and get the states and local districts commitment to improve representation patterns Move students from more restrictive to less restrictive settings as soon as possible Move students from more restrictive to less restrictive settings as soon as possible

17. O S E R S Disproportionality: What Can We Do About It? Involve general education in representation solutions Involve general education in representation solutions

18. O S E R S Disproportionality: What Can We Do About It? Multi-Tiered Academic Interventions High quality general education instruction-scientifically based-NCLB Principles Small group tutoring (3-4) in general education with individual progress monitoring Small group tutoring (3-4) in general education with individual progress monitoring Individualized interventions in general education through intense problem solving. Individualized interventions in general education through intense problem solving. Special education placement, more intense services brought to student with goal of students exiting special education in future Special education placement, more intense services brought to student with goal of students exiting special education in future

19. O S E R S Disproportionality: What Can We Do About It? Multi-Tiered Behavioral Interventions School wide positive discipline School wide positive discipline Effective classroom organization and behavior management Effective classroom organization and behavior management Targeted individual interventions in general education Targeted individual interventions in general education Special education: More intense services brought to students Special education: More intense services brought to students

20. O S E R S National Research Council (NRC) Recommendations Early Intervention recommendations: Provide services that promote parenting, health, cognitive, and emotional development Provide services that promote parenting, health, cognitive, and emotional development Provide quality preschool programs that develop critical cognitive and behavioral skills Provide quality preschool programs that develop critical cognitive and behavioral skills Screen children early and provide tiered interventions, particularly in reading and behavior Screen children early and provide tiered interventions, particularly in reading and behavior

21. O S E R S NRC Recommendations Integrate General and Special Education: Provide high quality general education interventions before referral to special education. Provide high quality general education interventions before referral to special education. Provide special education services for students exhibiting difficulties when there is documented evidence of insufficient response to instruction. Provide special education services for students exhibiting difficulties when there is documented evidence of insufficient response to instruction. Tie assessment to intervention strategies. Tie assessment to intervention strategies. Eliminate IQ discrepancy requirements for LD students. Eliminate IQ discrepancy requirements for LD students.

22. O S E R S NRC Recommendations Teacher Quality Recommendations: Ensure that teacher certification and licensure requirements include: Ensure that teacher certification and licensure requirements include: Effective intervention strategies for students across the achievement distribution Effective intervention strategies for students across the achievement distribution Classroom management and routine behavior assessment, Classroom management and routine behavior assessment, Culturally sensitive instruction Culturally sensitive instruction Provide additional supports to work with students whose behavior is challenging for the teacher Provide additional supports to work with students whose behavior is challenging for the teacher

23. O S E R S Advocate System Change Move From : Focus on internal child characteristics and IQ tests To Focus on the improvement of student competencies through empirically-validated interventions Eligibility based on response to high-quality interventions. Eligibility based on response to high-quality interventions.

24. O S E R S The No Child Left Behind Act On January 8, 2002, President Bush signed into law the No Child Left Behind Act (NCLB) Most sweeping reform of the Elementary and Secondary Education Act since its enactment in 1965. Most sweeping reform of the Elementary and Secondary Education Act since its enactment in 1965. Redefines the federal role in K-12 education. Redefines the federal role in K-12 education. Requires accountability for all children, including student groups based on poverty, race and ethnicity, disability and limited English proficiency (LEP). Requires accountability for all children, including student groups based on poverty, race and ethnicity, disability and limited English proficiency (LEP). Will help close the achievement gap between disadvantaged, disabled and minority students and their peers. Will help close the achievement gap between disadvantaged, disabled and minority students and their peers.

25. O S E R S Why is NCLB so Important?

26. O S E R S Reading Score Percentiles Grade 4 SOURCE: National Center for Education Statistics, National Assessment of Educational Progress (NAEP), 1992–2000 Reading Assessments. Significantly different from 2000.

27. O S E R S The No Child Left Behind Act Based on Four Principles: Stronger accountability for results. Stronger accountability for results. Increased flexibility and local control. Increased flexibility and local control. Expanded options for parents. Expanded options for parents. Focusing on what works. Focusing on what works.

28. O S E R S No Child Left Behind …can help address disproportionate representation of students from diverse backgrounds in special education

29. O S E R S No Child Left Behind Title I Programs Reading First Reading First Early Reading First Early Reading First Even Start Even Start Libraries Libraries

30. O S E R S No Child Left Behind Title I Programs Migrant students Migrant students At-risk Students At-risk Students School Reform School Reform Advanced Placement Advanced Placement School Dropout Prevention School Dropout Prevention

31. O S E R S The No Child Left Behind Act Expanded Options for Parents May transfer student enrolled in a low performing school to a public school that is not low performing, including a public charter school. May transfer student enrolled in a low performing school to a public school that is not low performing, including a public charter school. Supplemental services for students attending Title I schools that fail to meet state standards for at least 3 of 4 years such as: Supplemental services for students attending Title I schools that fail to meet state standards for at least 3 of 4 years such as: Tutoring Tutoring After school services After school services Summer school from provider selected by parents from state- approved list Summer school from provider selected by parents from state- approved list Services for children with disabilities must be consistent with goals in childs Individualized Education Program (IEP). Services for children with disabilities must be consistent with goals in childs Individualized Education Program (IEP).

32. O S E R S The No Child Left Behind Act Expanded Options for Parents Supplemental Services for Students with Disabilities Must be consistent with the students IEP. Must be consistent with the students IEP. Are not considered a part of the IEP. Are not considered a part of the IEP. Parental consent required before developing the supplemental services agreement. Parental consent required before developing the supplemental services agreement. Some providers must be able to serve students with disabilities. Some providers must be able to serve students with disabilities.

33. O S E R S Fulfilling Education Reforms Promise to Our Children This is education's moment. For the first time in years, our two major parties are in agreement on education. For these critical tasks, America's children depend on us. We must not thrust that burden onto our posterity. It is ours to bear. -- U.S. Secretary of Education Rod Paige,January 9, 2002

34. Closing the Achievement Gap in Americas Public Schools Presented by Mary Jane Pearson, SRR, Region IX U.S. Department of Education 415 556 4120 maryjane.pearson@ed.gov

35. O S E R S