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2004 IDEA Reauthorization and Disproportionality by iWbZsU

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									2004 IDEA Reauthorization
          and
    Disproportionality


 Sammie Lambert, DECS
 KYCASE Summer Institute
 Lexington, Kentucky
 July 16, 2007              1
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?

                                                2
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


                                              3
Statistics
   Students who are African-
    American are twice as likely as
    white students or American
    Indians to be identified as having
    mental retardation


                                         4
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)


                                                            5
Statistics
Post-School Outcomes


   Students with disabilities who are
    unemployed 2 years out of high school
    - 75% are African-American
    - 47% are white

                                            6
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

                                               7
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


                                                              8
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

                                           9
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

                                                10
Impact of Disproportionality

   May receive services that do not meet their
    needs

   Are less likely than white students to return
    to General Education environments



                                                    11
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

                                                    12
 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
                                                       13
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)
                                                  14
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

                                                   15
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
                                             16
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
                                                         17
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
                                             18
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
                                                19
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)

                                                  20
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

                                                          21
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

                                                   22
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
                                                     23
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)


                                                                24
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)
                                                     25
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
                                                                 26
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

                                                         27
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


                                                  28
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




                                                  29
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)



                                                30
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


                                                         31
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
                                          32
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
                                                   33
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

                                                   34
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

                                                     35
Summary
   Significant Disproportionality is solely
    determined by a review of District (Section
    618) data




                                                  36
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

                                                       37
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
                                                 38

								
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