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.

Office of Special Education and Rehabilitative ServicesOffice of Special Education and Rehabilitative ServicesUnited States Department of EducationUnited States Department of Education

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Disproportionality Disproportionality What Is It? What Can We Do About It?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

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Disproportionality: Disproportionality: What Is It?What Is It?Disproportionality exists when a group is Disproportionality exists when a group is in special education at a higher rate than in special education at a higher rate than the population average.the population average. Over-representation of minorities is the main Over-representation of minorities is the main

concernconcern Questions also about under-representationQuestions also about under-representation Questions also about gender Questions also about gender

disproportionalitydisproportionality

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Indices for Calculating Indices for Calculating Disproportionate Disproportionate RepresentationRepresentation

Risk Index:Risk Index: Percentage of all students of a Percentage of all students of a given racial/ethnic group identified given racial/ethnic group identified in a given disability categoryin a given disability category

Odds Ratio:Odds Ratio: A comparative index that provides A comparative index that provides information relative to other information relative to other groupsgroups

Composition:Composition: Reflects the Reflects the proportion of all children served proportion of all children served under a given disability category under a given disability category who are members of a given who are members of a given racial/ethnic groupracial/ethnic group

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Criteria for ConcernCriteria for Concern

Relative risk ratios of greater than 1.5, Relative risk ratios of greater than 1.5, indicating overrepresentation by race in any indicating overrepresentation by race in any special education category or in the overall special education category or in the overall disabilities count, would be a concerndisabilities count, would be a concern

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National National Disproportionality Disproportionality PatternsPatternsAll Disabilities, age 6-21All Disabilities, age 6-21(National Research Council Report)(National Research Council Report)

GroupGroup RiskRisk Risk RatioRisk Ratio African American:African American: 14.3%14.3% 1.2 times1.2 times

Native Am. Indian:Native Am. Indian: 13.1%13.1% 1.1 times1.1 times White:White: 12.1%12.1% 1.0 times1.0 times Hispanic:Hispanic: 11.3%11.3% .9 times.9 times Asian Pacific-Islander:Asian Pacific-Islander: 5.3%5.3% .4 times.4 times

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National National Disproportionality Disproportionality PatternsPatternsMental Retardation (MR)Mental Retardation (MR)Composition:Composition: 35% of Students served in 35% of Students served in

the category of MR are African American; the category of MR are African American; 17% of the overall student population is 17% of the overall student population is African-AmericanAfrican-American

Risk:Risk: 2.6% of African Americans are served in the 2.6% of African Americans are served in the category of MRcategory of MR

Odds Ratio:Odds Ratio: Rate for African Americans is 2.4 times Rate for African Americans is 2.4 times higher than that of White Studentshigher than that of White Students

No other groups are overrepresented in MRNo other groups are overrepresented in MR

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National National Disproportionality Disproportionality PatternsPatternsEmotional Disturbance (ED)Emotional Disturbance (ED)Composition:Composition: 26.4% of Students served in 26.4% of Students served in

the category of ED are African American; the category of ED are African American; 17% of the overall student population is 17% of the overall student population is African-AmericanAfrican-American

Risk:Risk: 1.6% of African-American Students are 1.6% of African-American Students are served in the category of ED served in the category of ED

Odds Ratio:Odds Ratio: Rate for African American Rate for African American Students is 1.6 times higher than that of Students is 1.6 times higher than that of White StudentsWhite Students

No other group overrepresented in EDNo other group overrepresented in ED

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National National Disproportionality Disproportionality PatternsPatternsLearning Disabilities (LD)Learning Disabilities (LD)Composition:Composition: 1.37% of Students with LD 1.37% of Students with LD

are Native American Indian; 1.1% of the are Native American Indian; 1.1% of the overall student population is Native overall student population is Native American Indian American Indian

Risk:Risk: 7.3% of Native American Indian Students 7.3% of Native American Indian Students are in LD are in LD

Odds Ratio:Odds Ratio: Native American Indian Native American Indian Students are 1.2 times more likely to be in Students are 1.2 times more likely to be in LD than White StudentsLD than White Students

No other group is overrepresented in LDNo other group is overrepresented in LD

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Determining if Determining if Disproportionate Disproportionate Representation ExistsRepresentation Exists

National and State DataNational and State Data See Web site, See Web site, www.ideadata.orgwww.ideadata.org

(click annual report tables, then Part B, then Child (click annual report tables, then Part B, then Child Count, 2001, then Table AA-13)Count, 2001, then Table AA-13)

Use this information to determine whether Use this information to determine whether the state (called the SEA) and the local school the state (called the SEA) and the local school district (called the LEA) disability district (called the LEA) disability identification rates are significantly different identification rates are significantly different from National or State patternsfrom National or State patterns

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Determining if Determining if Disproportionate Disproportionate Representation ExistsRepresentation Exists

Local Educational Agency Data Local Educational Agency Data

All LEAs determine a child count on All LEAs determine a child count on December 1 regarding:December 1 regarding: Number of students with disabilities by race, Number of students with disabilities by race,

category of disability, program placement category of disability, program placement (e.g. resource, special class, etc.)(e.g. resource, special class, etc.)

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Criteria for ConcernCriteria for ConcernMore concern if accompanied by:More concern if accompanied by: High overall rates of disability identification in High overall rates of disability identification in

relation to state and national averagesrelation to state and national averages Disproportionate placement by race in more Disproportionate placement by race in more

restrictive or more segregated educational restrictive or more segregated educational settings:settings:20% or less of time outside of general education20% or less of time outside of general education21% to 60% outside of general education21% to 60% outside of general education>60% outside of general education>60% outside of general educationPlacement outside of general education schools in special Placement outside of general education schools in special

centers, institutions, residential settings or home boundcenters, institutions, residential settings or home bound

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Criteria for ConcernCriteria for Concern

Worst case:Worst case: Overrepresentation by Overrepresentation by race in a special education category race in a special education category with further overrepresentation in with further overrepresentation in more restricted settings (segregated more restricted settings (segregated from normal children) from normal children)

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State and Local State and Local VariationsVariations

Yes, there is variation across states and local Yes, there is variation across states and local school districts…school districts…

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Factors Contributing to Factors Contributing to Disproportionate Disproportionate RepresentationRepresentation

School level factors:School level factors: ineffective academic curriculum and ineffective academic curriculum and

behavioral supportsbehavioral supports inadequate instructional and classroom inadequate instructional and classroom

management skillsmanagement skills poor support and referral systems for poor support and referral systems for

students at riskstudents at risk insufficient support for teachers working with insufficient support for teachers working with

culturally diverse groupsculturally diverse groups

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Factors Contributing to Factors Contributing to Disproportionate Disproportionate RepresentationRepresentation

Other Factors:Other Factors: Effects of poverty Effects of poverty Limited English proficiency Limited English proficiency Residence in inner citiesResidence in inner cities Race/ethnicity factors that contribute to Race/ethnicity factors that contribute to

referrals, testing, and incorrect placement of referrals, testing, and incorrect placement of children from racial and ethnic minorities in children from racial and ethnic minorities in special education classesspecial education classes

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Disproportionality: What Disproportionality: What Can We Do About It?Can We Do About It? Inform all educational personnel about Inform all educational personnel about

representation patterns and get the state’s representation patterns and get the state’s and local district’s commitment to improve and local district’s commitment to improve representation patternsrepresentation patterns

Move students from more restrictive to less Move students from more restrictive to less restrictive settings as soon as possiblerestrictive settings as soon as possible

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Disproportionality: What Disproportionality: What Can We Do About It?Can We Do About It?

Involve general education in representation Involve general education in representation solutionssolutions

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Disproportionality: What Disproportionality: What Can We Do About It?Can We Do About It?Multi-Tiered Academic Interventions Multi-Tiered Academic Interventions High quality general education instruction-High quality general education instruction-

scientifically based-NCLB Principlesscientifically based-NCLB Principles Small group tutoring (3-4) in general Small group tutoring (3-4) in general

education with individual progress monitoringeducation with individual progress monitoring Individualized interventions in general Individualized interventions in general

education through intense problem solving.education through intense problem solving. Special education placement, more intense Special education placement, more intense

services brought to student with goal of services brought to student with goal of students exiting special education in futurestudents exiting special education in future

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Disproportionality: What Disproportionality: What Can We Do About It?Can We Do About It?Multi-Tiered Behavioral InterventionsMulti-Tiered Behavioral Interventions School wide positive disciplineSchool wide positive discipline Effective classroom organization and Effective classroom organization and

behavior managementbehavior management Targeted individual interventions in general Targeted individual interventions in general

educationeducation Special education: More intense services Special education: More intense services

brought to studentsbrought to students

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National Research Council National Research Council (NRC) Recommendations(NRC) Recommendations Early Intervention recommendations:Early Intervention recommendations: Provide services that promote parenting, Provide services that promote parenting,

health, cognitive, and emotional health, cognitive, and emotional developmentdevelopment

Provide quality preschool programs that Provide quality preschool programs that develop critical cognitive and behavioral skillsdevelop critical cognitive and behavioral skills

Screen children early and provide tiered Screen children early and provide tiered interventions, particularly in reading and interventions, particularly in reading and behaviorbehavior

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NRC Recommendations NRC Recommendations Integrate General and Special Education:Integrate General and Special Education: Provide high quality general education Provide high quality general education

interventions before referral to special interventions before referral to special education.education.

Provide special education services for Provide special education services for students exhibiting difficulties when there is students exhibiting difficulties when there is documented evidence of insufficient response documented evidence of insufficient response to instruction.to instruction.

Tie assessment to intervention strategies.Tie assessment to intervention strategies. Eliminate IQ discrepancy requirements for LD Eliminate IQ discrepancy requirements for LD

students.students.

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NRC Recommendations NRC Recommendations Teacher Quality Recommendations:Teacher Quality Recommendations: Ensure that teacher certification and Ensure that teacher certification and

licensure requirements include:licensure requirements include:1.1. Effective intervention strategies for students Effective intervention strategies for students

across the achievement distributionacross the achievement distribution

2.2. Classroom management and routine behavior Classroom management and routine behavior assessment, assessment,

3.3. Culturally sensitive instructionCulturally sensitive instruction

Provide additional supports to work with Provide additional supports to work with students whose behavior is challenging for students whose behavior is challenging for the teacherthe teacher

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Advocate System ChangeAdvocate System Change

MoveMove FromFrom ::

Focus on internal child characteristics and IQ Focus on internal child characteristics and IQ teststests

ToToFocus on the improvement of student Focus on the improvement of student

competencies through empirically-validated competencies through empirically-validated interventionsinterventionsEligibility based on response to high-Eligibility based on response to high-

quality interventions.quality interventions.

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The No Child Left The No Child Left Behind ActBehind ActOn January 8, 2002, President Bush signed On January 8, 2002, President Bush signed into law the No Child Left Behind Act (NCLB)into law the No Child Left Behind Act (NCLB) Most sweeping reform of the Elementary and Most sweeping reform of the Elementary and

Secondary Education Act since its enactment in Secondary Education Act since its enactment in 1965.1965.

Redefines the federal role in K-12 education.Redefines the federal role in K-12 education. Requires accountability for all children, Requires accountability for all children,

including student groups based on poverty, race including student groups based on poverty, race and ethnicity, disability and limited English and ethnicity, disability and limited English proficiency (LEP).proficiency (LEP).

Will help close the achievement gap between Will help close the achievement gap between disadvantaged, disabled and minority students disadvantaged, disabled and minority students and their peers.and their peers.

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Why is NCLB so Why is NCLB so Important?Important?

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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.

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The No Child Left The No Child Left Behind ActBehind ActBased on Four Principles: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.

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No Child Left BehindNo Child Left Behind

……can help address disproportionate can help address disproportionate representation of students from diverse representation of students from diverse backgrounds in special education backgrounds in special education

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No Child Left BehindNo Child Left BehindTitle I ProgramsTitle I Programs Reading FirstReading First

Early Reading FirstEarly Reading First

Even StartEven Start

LibrariesLibraries

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No Child Left BehindNo Child Left Behind

Title I ProgramsTitle I Programs

Migrant studentsMigrant students

At-risk StudentsAt-risk Students

School ReformSchool Reform

Advanced PlacementAdvanced Placement

School Dropout PreventionSchool Dropout Prevention

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The No Child Left Behind The No Child Left Behind ActActExpanded Options for Expanded Options for ParentsParents May transfer student enrolled in a low May transfer student enrolled in a low

performing school to a public school that is not performing school to a public school that is not low performing, including a public charter low performing, including a public charter school.school.

Supplemental services for students attending Supplemental services for students attending Title I schools that fail to meet state standards Title I schools that fail to meet state standards for at least 3 of 4 years such as: for at least 3 of 4 years such as: TutoringTutoringAfter school servicesAfter school servicesSummer school from provider selected by parents Summer school from provider selected by parents

from state-approved listfrom state-approved list

Services for children with disabilities must be Services for children with disabilities must be consistent with goals in child’s Individualized consistent with goals in child’s Individualized Education Program (IEP).Education Program (IEP).

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The No Child Left Behind The No Child Left Behind ActActExpanded Options for Expanded Options for ParentsParentsSupplemental Services for Students with Supplemental Services for Students with DisabilitiesDisabilities Must be consistent with the student’s IEP.Must be consistent with the student’s IEP. Are not considered a part of the IEP.Are not considered a part of the IEP. Parental consent required before developing Parental consent required before developing

the supplemental services agreement.the supplemental services agreement. Some providers must be able to serve Some providers must be able to serve

students with disabilities.students with disabilities.

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Fulfilling Education Fulfilling Education Reform’s Promise to Our Reform’s Promise to Our ChildrenChildren

“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

Closing the Achievement Gap Closing the Achievement Gap in America’s Public Schoolsin America’s Public Schools

Presented by Mary Jane Pearson, SRR, Region IX

U.S. Department of Education 415 556 4120 [email protected]

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