Monitoring Significant Disproportionality in Special Education Systems Performance Review & Improvement Fall Training 2011

Objectives Awareness of the obligation Awareness of the rationale behind the obligation Awareness of the SPR&I process associated with the obligation Comparison to related obligations

Disproportionality Disproportionality: The state of being disproportional – Disproportional: out of proportion Disproportionality: The over or under- representation of a specific race or ethnicity in a given category as compared to a standard that is considered typical.

Example WHAPIAAMNX 67.5%19.6%4.6%2.8 % 2.7 % 1.9 % 1%1% WHAPIAAMNX 35%25%4.6%22.4%6%4%3%3%

Oregon Relevance to Number of students Percent of all students Number of students Percent of all students Change in number of students Percent change White452, %379, %-73, % African American 14,1392.6%15,4852.8%1,3469.5% Hispanic43,7128.1%109, %66, % Asian/Pacific Islander 19,1893.6%25,9274.6%6, % Native American 11,1562.1%10,8501.9% % Multi- race/ethnic N/A15,1902.7% Not reported N/A5,3661.0%

U.S. POPULATION CHANGE BY RACE & ETHNICITY, Race2009 Population Absolute Change 2000 – 2009 Percentage Change Total307,806,55024,834, Non-Hispanic258,587,22612,057, White199,851,2404,088, Black37,681,5443,276, AIAN2,360,807256, Asian13,686,0833,233, NHPI448,51079, Two or More Races4,559,0421,123, Hispanic48,419,32412,776,

SHARES OF NET POPULATION GROWTH, Race Absolute Change Percent of Total Total24,834, Non-Hispanic12,057, White4,088, Black3,276, American Indian256, Asian3,233, Native Hawaiian79, Two or More Races1,123, Hispanic12,776,

What is Significant Disproportionality? Significant Disproportionality refers to the over- identification of special education students by race or ethnicity in one of four areas: 1.Students in special education 2.Students in special education categories 3.Students in restrictive settings in special education 4.Students disciplined (expelled and suspended) in special education

Why are we monitoring Significant Disproportionality? USDE explanation USDE letter from Alexa Posny o There was a 35% increase in minority students in public education between 2000 and o African American Students are identified with Intellectual Disabilities and Emotional Disturbance at greater rates than their White counterparts. o In African American children were 14.8% of the population but comprised 20.2% of students with disabilities. o In African Americans comprised 12.6% of the national population, but the average identification of African American students with Intellectual disabilities across states was 25.5%.

Comparison to Other Disproportionality Indicators Financial implication - district must provide for Coordinated Early Intervening Services (CEIS) More rigorous calculation/formula

Race/ethnicity categories Hispanic/Latino American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White Two or more races

Identification for special education by race/ethnicity : Significant Disproportionality ≥10 students in special education by race/ethnicity category, and ≥10 students in special education across other race/ethnicity categories, and +20% difference in the identified special education population from the overall district population by race/ethnicity category, and Weighted risk ratio of >4.0 by race/ethnicity category B9 Inappropriate Identification Same N/A Same A Weighted Risk Ratio analysis shows a value of >2.0 or <0.25 in the same race/ethnicity category.

Identification by race/ethnicity by disability type: Significant Disproportionality ≥10 students in disability category by race/ethnicity, and ≥10 students in disability category across other race/ethnicity categories, and +20% difference in the disability category from the overall district population by race/ethnicity category, and Weighted risk ratio of >4.0 by race/ethnicity category B10 Inappropriate Identification Yes N/A +/- 20% from the percentage of all students within the district disaggregated by race/ethnicity in at least one race/ethnicity and disability category A Weighted Risk Ratio analysis shows a value of >2.0 or <0.25 in the same race/ethnicity category and disability category;

Federal placement distribution (LRE) by setting and race/ethnicity: B5 Federal Placement Distribution Measurement State Target Regular Class 80% or more of their day70% or more Regular Class less than 40%10.8% or less Separate School or Residential Facility2.0 or less

Significant Disproportionality: Setting ≥10 students in setting by race/ethnicity, and ≥10 students in setting across other race/ethnicity categories, and +20% difference in the special education setting from the overall district special education population by race/ethnicity category, and Weighted risk ratio of >4.0 by race/ethnicity category Calculated on restrictive settings only: Regular class 40% to 79% Regular class less than 40% Separate school or facility

Long-term discipline including incidence, duration and type by race/ethnicity B4b: ≥ 3 students in special education by race/ethnicity category who received long-term discipline, and +20% difference in the special education race/ethnicity population who received long-term discipline from the overall district population by race/ethnicity category Weighted risk ratio of >2.0* by race/ethnicity category – Incidence = cumulative # of suspension or expulsion incidents – Duration = suspension or expulsion totaling greater than 10 days – Type = out of school suspension or expulsion

Significant Disproportionality: Discipline ≥ 10* students in special education by race/ethnicity category who received long-term discipline, and +20% difference in the special education race/ethnicity population who received long-term discipline from the overall district population by race/ethnicity category Weighted risk ratio of >4.0* by race/ethnicity category – Incidence = cumulative # of suspension or expulsion incidents – Duration = suspension or expulsion totaling greater than 10 days – Type = out of school suspension or expulsion

Districts are responsible for: 1)The review (and, if appropriate) revision of policies, procedures, and practices; 2)The public reporting on the revision of policies, procedures, and practices. 3)Reserving the maximum amount of IDEA funds to be used for Coordinated Early Intervening Services (15%) In addition: A district with a finding of Significant Disproportionality is unable to reduce its Maintenance of Effort (MOE)

Caveat A State's definition of significant disproportionality needs to be based on an analysis of numerical information, and may not include consideration of the State's or LEA's policies, procedures or practices.

Next Steps Involve stakeholders Be proactive in considering other races/ethnicities and Significant Disproportionality categories Consider the spirit of the law Monitor B4b, B5, B9, and B10 Seek out additional resources & support, such as:

ODE Contact For specific questions, please contact: (503) Special Education Monitoring, Systems, & Outcomes - Director of Monitoring, Systems, and Outcomes