Newsletter addressing legal, policy, and human aspects of disproportionate representation.
California Department of Education (2010).
The paper by the Council for Children with Behavior Disorders critically questions the effectiveness of federal policy and disproportionality monitoring mechanisms. It is an important piece to read because it questions how the provisions in IDEA, and compliance to IDEA, can address disproportionate outcomes. It offers practitioners the chance to reflect on how they understand IDEAs relationship to abatement of disproportionate outcomes.
Skiba, R., S. Albrecht, and D. Losen. 2012. CCBD’s Position Summary on Federal Policy on Disproportionality in Special Education. Arlington, VA: Council for Children with Behavioral Disorders.
After a full year of "Delay Regulation" the United States District Court for the District of Columbia ordered the implementation of 2018 federal significant disproportionality regulations.
United States District Court for the District of Columbia. 2019. Council of Parent Attorneys and Advocates, Inc. v. Elizabeth (Betsy) DeVos, Secretary of Education; Johnny W. Collet, Assistant Secretary for Rehabilitative Services; U.S. Department of Education. Civil Action No. 18-cv-1636 (TSC). https://youthlaw.org/wp-content/uploads/2018/07/031-Memorandum-Opinion-re-Defendants-Motion-to-Dismiss-14-Plaintiffs-Motion-for-Summary-Judgment-16-and-Defendants-Motion-for-Summary-Judgment-22-1.pdf.
Includes slideshow, trainers guide, and participant handouts for explaining what states, districts, and schools must now do to address disproportionate representation, including significant disproportionality, as outlined in IDEA 2004.
NOTE: After September 30, 2014 all of the NICHCY resources will be housed in the Center for Parent Information and Resources Library at http://www.parentcenterhub.org/resources
National Dissemination Center for Children with Disabilities: NICHCY (2005).
The article describes how PBIS was included in the 1997 reauthorization of the Individuals with Disabilities Act (IDEA) and stresses the usefulness of PBIS for ensuring a free and appropriate education for students with disabilities and for protecting students at schools. The article is useful to practitioners and state and local education agencies that seek to understand the links between policy, practice and student outcomes.
Turnbull, R. H., Wilcox, B., and others. “IDEA, Positive Behavioral Supports, and School Safety.” Journal of Law and Education, 30(3), 2001: 445-503.
Short summaries of outcome data for special education programs and students in California school districts.
Click on each of the regulation titles to find questions for leading dialogue.
In this technical assistance document (a companion to the Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions, which outlines the legal requirements related to behavior support and discipline for eligible students with disabilities under IDEA), the Office of Special Education Programs (OSEP) provides information about resources, strategies, and evidence-based practices that (while not required by law) can help States, LEAs, schools, early childhood programs, educators, and families in their efforts to meet IDEA requirements and, in doing so, improve outcomes for children with disabilities.
Office of Special Education Rehabilitative Services. 2022. Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders
https://sites.ed.gov/idea/files/guide-positive-proactive-approaches-to-supporting-children-with-disabilities.pdf (accessed September 16, 2022).
This document is a summary of the Least Restrictive Environment (LRE) provisions of the IDEA as applicable to preschool aged children with disabilities.
Early Childhood Technical Assistance Center. 2022. Preschool LRE Reference Points and Discussion Prompts. https://ectacenter.org/topics/iep/iep-reference.asp (accessed September 16, 2022).
This document updates and supersedes the Office of Special Education and Rehabilitative Services’ (OSERS) guidance titled Questions and Answers on Discipline Procedures, issued in June 2009 and includes additional questions and answers that address topics that have arisen as the field continues to carry out the discipline provisions of IDEA and its implementing regulations. Key topics include removing a child with a disability from their current educational placement and the responsibilities of individualized education program (IEP) teams to address the behavioral needs of children with disabilities through the evaluation, reevaluation, and IEP development process to ensure the provision of a free appropriate public education (FAPE).
Office of Special Education Rehabilitative Services. 2022. Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act's (IDEA's) Discipline Provisions
https://sites.ed.gov/idea/files/qa-addressing-the-needs-of-children-with-disabilities-and-idea-discipline-provisions.pdf (accessed September 16, 2022).
