1. 1 2004 IDEA Reauthorization and Disproportionality Sammie Lambert, DECS KYCASE Summer Institute Lexington, Kentucky July 16, 2007

2. 2 Questions To Be Answered What does the 2004 IDEA say about Disproportionality? What is the difference between Disproportionate Representation and Significant Disproportionality? What are Early Intervening Services and how do they relate to Disproportionality?

3. 3 What is Disproportionality? Disproportionality occurs when a racial/ethnic group is either under or over-represented in special education, as compared to the percentage of students in the racial/ ethnic group in the school’s population

4. 4 Statistics Students who are African- American are twice as likely as white students or American Indians to be identified as having mental retardation

5. 5 Statistics Students who are African-American are half again more likely than white students to be identified as having an emotional/ behavioral disability. Source – Facts from OSEP’s Longitudinal Studies: Minorities Among Children and Youth with Disabilities (August 2002)

6. 6 Statistics Post-School Outcomes Students with disabilities who are unemployed 2 years out of high school - 75% are African-American - 47% are white

7. 7 Statistics Post-School Outcomes Students with disabilities who are still not employed 3-5 years out of high school - 52% are African- American young adults - 39% are white young adults

8. 8 Statistics Post-School Outcomes Arrest rate for students with disabilities - 40% African-Americans with disabilities - 27% Whites with disabilities Source - National Longitudinal Transition Study, 1992

9. 9 Impact of Disproportionality Students who are African-American and placed in special education: Are more likely to be in segregated placements Have limited access to inclusive and general education environment

10. 10 Impact of Disproportionality Experience higher dropout rates and lower academic performance Are exposed to substandard and less rigorous curricula May be misclassified or inappropriately labeled

11. 11 Impact of Disproportionality May receive services that do not meet their needs Are less likely than white students to return to General Education environments

12. 12 What does the 2004 IDEA say about Disproportionality? States must have policies and procedures in place to prevent inappropriate over- identification or disproportionate representation of students by race/ethnicity: In special education In particular disability categories 20 USC 1412(a)(24); 34 CFR 300.173

13. 13 What does the 2004 IDEA say about Disproportionality? The federal Office of Special Education Programs (OSEP) is required to monitor States through State Performance Plans (SPP) on disproportionate representation of racial/ethnic groups in special education, to the extent the representation is the result of inappropriate identification 20 USC 1416(a) (3)(C); 34 CFR 300.603

14. 14 Disproportionate Representation States must monitor School Districts on disproportionate representation based on inappropriate identification, and report those results through the State Performance Plan (SPP) 20 USC 1416(a)(3)(C) 34 CFR 300.600(d)(3)

15. 15 Disproportionate Representation Disproportionate representation based on inappropriate identification is a compliance area for States States are in violation of IDEA if any District in the state has disproportionate representation due to inappropriate identification

16. 16 Disproportionate Representation KDE uses Section 618 data collected from Districts to establish whether a District has disproportionate representation in identifying students in racial/ethnic groups as special education students and in particular disability categories

17. 17 Disproportionate Representation Districts whose data indicate they have disproportionate representation are given the opportunity to assess whether the disproportionate representation is due to inappropriate identification The process for Districts to analyze their data is in the Kentucky Continuous Improvement Monitoring Process (KCMP) Results of KCMP Self-Assessments

18. 18 Disproportionate Representation Regardless of a District’s self- assessment in this area, KDE is required by OSEP to review District policies, procedures and practices to determine if the District’s disproportionate representation is due to inappropriate identification

19. 19 Disproportionate Representation If the disproportionate representation is the result of inappropriate identification as determined by KDE, the District will have one year from the date of identification to correct the non-compliance

20. 20 Disproportionate Representation States must provide for the review and, if appropriate, the revision of District policies, procedures and practices, if disproportionate representation exists with respect to identification or placement of students in racial/ethnic groups 20 USC 1418(d)(2); 34 CFR 300.646(a)

21. 21 What does the 2004 IDEA say about Disproportionality? States must collect and examine data to determine if significant disproportionality based on the race/ ethnicity of children is occurring with respect to: Identifying children as students with disabilities, including identification in particular disability categories

22. 22 Significant Disproportionality, continued Placement in particular educational settings Incidence, duration and type of disciplinary action, including suspension and expulsion 20 USC 1418(d)(1); 34 CFR 300.646

23. 23 Significant Disproportionality, continued A finding of significant disproportionality by KDE in identification as special education students or in a particular disability category, educational setting, or discipline is based strictly on a review of the District’s Section 618 data

24. 24 Significant Disproportionality, continued Districts that have significant disproportionality in: Identifying students of racial/ethnic groups as students with disabilities or in particular disability categories, Placement, or Discipline, will be required by the State to spend 15% of their Part B fund to provide Early Intervening Services to students in general education, especially those groups that were significantly over-identified 20 USC 1418(d)(2)(B); 34 CFR 300.646(b)(2)

25. 25 What is the Importance of Significant Disproportionality? If a District revises its policies, procedures and practices due to the State’s review, the State must require the District to publicly report on the revision 20 USC 1418(d)(2)(C) 34 CFR 300.646(b)(3)

26. 26 What is the Importance of Significance Disproportionality? If a District has significant disproportionality In identification as special education students or in a particular disability category, or In placement in particular settings, or The incidence, duration and type of disciplinary actions, including suspensions and expulsions, KDE will require the District to spend 15% of its Part B funds on Early Intervening Services

27. 27 Early Intervening Services Early Intervening Services (EIS) are not the same as Early Intervention Services EIS are provided to students in general education who need academic or behavioral support to succeed in general education Quick intervention for struggling students is the key EIS is not available to students with disabilities

28. 28 Early Intervening Services EIS are available to public school students from kindergarten through grade 12 The emphasis is on young students (K-3) The emphasis is also on students in racial/ethnic groups who are affected by significant disproportionality

29. 29 Early Intervening Services Early Intervening Services appears to be an acknowledgement by Congress that significance disproportionality may be a result of inappropriate general education responses to academic or behavioral issues

30. 30 Early Intervening Services In addition to Early Intervening Services that are required to be provided due to Significant Disproportionality, Districts may choose to use 15% of their Part B funds on Early Intervening Services 34 CFR 300.208(a)

31. 31 Early Intervening Services Early Intervening Services are not defined in federal law. Appropriate uses may include: Professional development for teachers and staff to enable them to deliver scientifically based academic and behavior interventions Provision of educational and behavioral evaluations, services and supports, including scientifically based literacy instruction

32. 32 Kentucky Administrative Regulations The Kentucky Administrative Regulations related to Disproportionality are found in the Child Find, Evaluation and Reevaluation regulation at 707 KAR 1:300

33. 33 Kentucky Administrative Regulations 707 KAR 1:300, Section 2 allows a District to spend 15% of its Part B funds on Early Intervening Services 707 KAR 1:300, Section 3 requires Districts to have referral systems that prevent inappropriate over-identification or disproportionate representation in special education

34. 34 Summary Disproportionate representation affects Districts that have disproportionately identified students in racial/ ethnic groups as students in special education or as students in particular educational settings, Based on inappropriate identification

35. 35 Summary Disproportionate representation based on inappropriate identification will result in an IDEA non-compliance The District has one year after the date the noncompliance is identified to come into compliance

36. 36 Summary Significant Disproportionality is solely determined by a review of District (Section 618) data

37. 37 Summary If KDE determines that a District is significantly disproportionate in: Identification (special education or category of disability) or Placement in educational settings or Incidence, duration and type of disciplinary action The District will be required to spend 15% of Part B funds on Early Intervening Services

38. 38 Summary Under both disproportionate representation due to inappropriate identification and significant disproportionality, KDE must examine District policies, procedures and practices Districts will be required to change policies, procedures and practices if KDE finds them in violation of the law