Transcript Disproportionality in Special Education

Disproportionality in Special Education
Part 1:
Disproportionality of Racial and Ethnic
Minorities in Special Education (California)
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© 2013 Keenan & Associates
License No. 0451271
Innovative Solutions. Enduring Principles.
Disproportionality in Special Education
Part 1:
Disproportionality of Racial and
Ethnic Minorities in Special Education
(California)
Kathy Espinoza,
AVP, Ergonomics/Safety
Keenan & Associates
License No. 0451271
Jennifer Rowe - Gonzalez
Fagen, Friedman & Fulfrost, LLP
Innovative Solutions. Enduring Principles.
Disproportionality in Special Education
Part 1:
Disproportionality of Racial and Ethnic
Minorities in Special Education
(California)
Presented by:
Jennifer Rowe Gonzalez
Agenda
Defining Disproportionality
 The Harm of Disproportionality
 Identifying Disproportionality
 Best Practices
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Defining Disproportionality
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Disproportionality is when the percentage
of students with a specific characteristic
(e.g., race or ethnicity) enrolled in, and
eligible for, special education is higher or
lower than their proportion in the general
population.
Defining Disproportionality

The California Department of Education
states that in the 2008-2009 school year:
 African-American
students comprised 7.5% of
the general population, but 10.92% of special
education students;
 Asian students comprised 12.2% of the
general population, but 6.84% of special
education students.
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Defining Disproportionality

Findings in the Individuals with Disabilities in
Education Act (“IDEA”) note that:
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African-American children are identified as having intellectual
disabilities and emotional disturbances at rates greater than their
Caucasian counterparts;
More minority children continue to be served in special education
than would be expected from the percentage of minority students
in the general population;
Studies support that schools with predominantly Caucasian
students and teachers have placed disproportionately high
numbers of minority students in special education programs.
Defining Disproportionality

Both California and the Federal government
have identified reducing disproportionality
in special education programs:
IDEA 2004 and the implementing regulations include
important changes addressing the over-identification of
racial and ethnic minorities in special education.
 State Departments of Education must now monitor and
address disproportionality and notify school districts
that are out of compliance.
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The Harm of Misidentification:
Why Does it Matter?
Special education may not provide the
supports that a student requires.
 “Disability” label may stigmatize a student.
 May result in lowered expectations.
 Potentially separates a student from peers.
 May lead to poor educational outcomes.

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The Harm of Misidentification:
Why Does it Matter?
May lead to poor life outcomes (or lower
self-esteem).
 May result in higher drop out rates.
 Students may be denied access to the
general education curriculum.
 Students may be misunderstood or underserved in the general education setting.
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The Harm of Misidentification:
Why Does it Matter?

What about race discrimination claims?
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IDEA violations, including evidence of disproportionality in special
education programs does not necessarily result in per se race
discrimination.
Race discrimination requires discriminatory intent.
However, if a District knows that a particular race or ethnicity is
overrepresented in special education programs, it must review
identification, evaluation and placement procedures under the
IDEA to address deficiencies.
Blunt v. Lower Merion School District (ED Penn. 2011) 826 F.Supp.2d 749, 111 LRP 67652
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Identifying Disproportionality:
How Do We Know if There is a Problem?

The IDEA requires State Departments of
Education:
To determine both the percentage of disproportionate
representation and the extent to which it is the result
of inappropriate identification and
 With respect to each LEA in the state:
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To review data to determine if a “significant disproportionality”
exists; and
If so, determine if the disproportionality is the result of
inappropriate identification; and
If so, notify the district and assist the district in carrying out
improvement activities.
Identifying Disproportionality:
How Do We Know if There is a Problem?
Where an LEA shows a significant disproportionality, the
State must:
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Provide for review and (if appropriate) revision of the LEA’s
procedures, practices and policies used in the identification,
placement or discipline of children with disabilities to determine if
they are consistent with the requirements of the IDEA;
Require the LEA to reserve 15% of its federal funds to provide
comprehensive coordinated early intervening services to serve
children who have not been identified as children with disabilities,
particularly those children in the over-identified groups (even if
the disproportionality is not related to inappropriate
identification); and
Require the LEA to publicly report on the revision of its policies
and procedures used in the identification, placement and
discipline of children with disabilities.
Preventing Disproportional
Representation in Special Education
Understand the causes.
 Implement preventative measures.
 Keep an open dialogue.
 Work with the CDE if there is a finding of
disproportionality.
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Causes of
Disproportional Representation
This is a complex issue.
 At least four key reasons:

 Lack
of effective pre-referral instruction and
intervention services.
 Bias in the/incomplete assessment process.
 Teacher inexperience with classroom
management and cultural behavior differences.
 Underlying racism and cultural ignorance in
staff and school processes.
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Best Practices: Pre-Referral

Examine the quality of instruction and classroom
management of the referring general education
teacher.
What pre-referral strategies have been implemented?
 Are referrals primarily behavior-based?
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Rigorously rule out ELL status.
Have efforts been made to reach out to minority
parents prior to referral?
Community services?
 Parent-Teacher conferences to address behavior?
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Best Practices: Pre-Referral
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Is parental-rights information pursuant to the
IDEA being provided appropriately to language
minority parents?
Consider poverty issues:
Screening for hearing and vision or environmental risk
factors in the home (e.g., lead levels);
 Excessive absences, displacement (family mobility);
 Lack of consistent access to technology or supplies.
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Best Practices: Assessment
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The IDEA requires that all assessments be
administered in a “non-discriminatory” manner.
However, The National Council on Disability finds
a higher level of over-identification in areas
where assessment is "judgmental" (i.e., based on
subjective observation rather than actual tests):
Emotional Disturbances;
 Other Health Impairments;
 Intellectual Disabilities; and
 Specific learning disabilities.
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Best Practices: Assessment

Use multiple measures and modalities, including nonverbal assessments where appropriate.
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Evaluations should be individualized.
Evaluations should be completed by appropriate personnel.
Must be “administered so as not to be racially, culturally,
or sexually discriminatory.” (Ed. Code § 56320(a).)
“Shall be provided in the pupil’s native language or mode
of communication, unless it is clearly not feasible to do
so.” (Ed. Code § 56320(a).)
“Provided and administered in the language an form most
likely to yield accurate information on what the pupil
knows and can do academically, develomentally, and
functionally….” (Ed. Code § 56320(b)(1).)
Best Practices: Assessment
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Observations “in an appropriate setting” should include
both measurable (numeric) and observable data as well
as a narrative ruling out possible cultural reasons for
identified behaviors. (See Ed. Code § 56327(c).)
Examine the quality of the general education instruction
and classroom management techniques.
Evaluators should gather, include and consider
information about the student’s home and family culture.
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What about attendance/truancy?
Family members should be included throughout the
evaluation process (as appropriate).
Best Practices: Assessment
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Rule out environmental or socio-economic factors
(including life stressors).
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Document this discussion in both the assessment and during any
IEP team meetings.
Report on “educationally relevant health and
development, and medical findings, if any.” (Ed. Code §
56327(e).)
Make “a determination concerning the effects of
environmental, cultural, or economic disadvantage….” Ed.
Code § 56327(g).)
Examine a student’s previous instruction in math and
reading to determine if this is the primary reason for
learning or behavior difficulties.
Allow for ample time for assessment.
Best Practices: Supporting Teachers
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Examine whether this is racial disparity among
teacher referrals. By race? By experience of
teacher?
Examine whether referrals come from teachers
with classroom management issues.
Provide support in classroom management techniques.
 Provide on-going training and supervision to improve
techniques.
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Ensure all teachers have been trained to
effectively participate in pre-referral intervention
strategies.
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Response to Intervention (RTI)—Academics and
Behavior
Best Practices: Supporting Teachers
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Allocate time for general education and special
education teachers to collaborate on a routine
basis.
Ensure that teachers are making a consistent
effort to communicate with parents.
Are teachers given the time and opportunity to do so?
Are they encouraged to do so?
 Do they know how?
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Ensure that all students are given access to
enrichment opportunities, technology and
supplies.
Best Practices: Underlying Bias
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Ensure administrators and teachers are trained in
sensitivity to racial and cultural bias in instruction and
assessment.
Cultivate a diverse culture through curriculum and student
expectations.
Include both special and general education teachers in
discussion and review of data.
Understand that behavioral standards are culture-bound.
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Behavioral incidents may occur as a result of “cultural mismatch”
– Address these accordingly.
What are the differences between a student’s culture and the
school’s culture? What are the expectations?
What if the child is from another country?
Keeping an Open Dialogue
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Issues of race can be sensitive. Keep an open,
non-judgmental dialogue to address biases and
solutions.
Get “ahead of the game” and pinpoint where any
disproportionality may exist.
Are certain programs racially unbalanced?
 Do certain administrators or teachers express a bias?
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If a finding of significant disproportionality is
made, work with the CDE and legal counsel to
ensure policies and procedures are compliant.
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determine how this information may apply to your specific facts and circumstances .
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Innovative Solutions. Enduring Principles.
License No. 0451271
Innovative Solutions. Enduring Principles.