The editorial delves into the Comprehensive Coordinated Early Intervening Services (CCEIS), mandated by the Individuals with Disabilities Education Act (IDEA) to address disparities in the treatment of students of color within local educational agencies (LEAs). When LEAs disproportionately identify students of color in certain categories or discipline them, they are labeled "disproportionate" or "significantly disproportionate."
The California Department of Education (CDE) State Performance Plan Technical Assistance Project (SPP-TAP) supports LEAs in CCEIS work by guiding them through data analysis, root cause identification, improvement planning, and implementation monitoring. Despite initial overwhelm, educators appreciate the structured approach provided by SPP-TAP TA Facilitators.
The editorial provides examples of successful strategies in districts like Evergreen Elementary Alameda Unified, and Pittsburg Unified such as engaging families through community liaisons and personalized learning plans for "focal scholars." It discusses efforts to address racism, cultural disconnect, and implicit bias through staff training and community outreach. There’s also a focus on empathy and inclusion, alongside efforts to dissolve traditional disciplinary methods and address cultural biases, exemplifies a commitment to equity.
Citation: California Department of Education. 2024 Addressing Disproportionality: Hard Work and Heart Work 2024, www.sipinclusion.org/2024/03/11/the-special-edge-newsletter-winter-2023/. Accessed 14 May 2024.
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.
This document contains a table that outlines three distinct requirements around equity: Disproportionate Representation, Significant Discrepancy, and Significant Disproportionality. This resource can help clarify the differences and similarities among the three equity requirements and enable users to compare and contrast these various equity requirements in key areas such as methodology, data sources, and reporting considerations.
Nancy O’Hara, and Bollmer, Julie. 2020. Equity Requirements in IDEA. https://www.ideadata.org/resources/resource/1590/equity-requirements-in-idea (accessed September 16, 2022).
Students of color, English learners, and those from non-dominant cultures often face disproportionate identification and placement in special education, along with related disciplinary disparities. While special education services are crucial for students with actual disabilities, many students are wrongly referred to special education due to struggles stemming from inadequate education policies and classroom practices that fail to meet their needs. Pedagogical practices based on the dominant culture often lack culturally responsive elements, leading to classrooms that do not reflect or value the sociocultural contexts of these students. This disconnect can impede learning and result in teachers mistakenly perceiving these students as having learning or behavioral issues, prompting inappropriate special education referrals.
This brief suggests that district leaders tackle this critical issue by focusing on four key areas:
Implementing culturally responsive and sustaining policies and practices across all educational settings.
Enhancing the special education identification process.
Integrating culturally responsive and sustaining policies and practices specifically in behavior management efforts.
Developing culturally responsive data literacy among district staff at all levels.
Citation: Harvey, A. 2023. “Research-Based Strategies for Addressing Disproportionality in Special Education.” Western Educational Equity Assistance Center at WestEd. https://weeac.wested.org/wp-content/uploads/2023/12/Addressing-Disproportionality-in-Special-Education.pdf (accessed, June 14, 2024).
This Board policy ensures equal access to educational opportunity for all students by minimizing or elimination the impacts of disparities in ability, levels of preparation, available resources and social-cultural differences in achievement and performance. Also, it describes how to prevent disproportionality associated between a child's race or ethnicity and the number and type of special education classifications and placements that result.
Mount Diablo Unified School District. 2011. School Board policy - Disproportionality Policy/BP0411. Concord, California: Mount Diablo Unified School District (DOCUMENT)
This two-page document designed for family and community members articulates the value that the Office of Special Education Programs places on involving affected communities such as children with disabilities and their families, educators, education agency staff, researchers, policymakers, and advocacy groups in defining criteria for determining significant disproportionality. This ensures that families and community partners have a say in identifying Local Education Agencies (LEAs) with significant disproportionality. Additionally, addressing significant disproportionality requires a comprehensive examination of LEA policies, practices, and procedures, with families and community partners contributing to identifying the causes and solutions for disproportionality.
Citation: The Data Center for Addressing Significant Disproportionality. 2023. “Significant Disproportionality: For Families and Communities.” https://dcasd.org/resources/SigDisproIntro-Parents.pdf (accessed, June 14, 2024).
This brief two-page document outlines the fundamental aspects of significant disproportionality for State and Local Educational Agencies. According to IDEA Section 618, states are required to collect and examine data to identify significant disproportionality among the seven federally identified race and ethnicity categories in:
Identification of children as having disabilities.
Placement in less inclusive educational settings.
Incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
States use 98 separate calculations for each Local Education Agency (LEA) to determine the presence of significant disproportionality. These calculations must follow a standard methodology and analyze disparities based on race/ethnicity in identification, placement, and discipline.
Citation: The Data Center for Addressing Significant Disproportionality. 2023. “Significant Disproportionality: For SEAs and LEAs.” https://dcasd.org/resources/SigDisproIntro-SEA.pdf (accessed, June 14, 2024).
The Data Center for Addressing Significant Disproportionality (pronounced DEE-KAS-DEE) is a U.S. Department of Education-supported center dedicated to working with state and local education agencies to help build their capacity to identify and address significant disproportionality by more accurately collecting, reporting, analyzing, and using their IDEA data.
This article discusses the overrepresentation of Latinx students in special education. It discusses the root causes of significant disproportionality for Latinx students, pre-referral process and data collection, deficit oriented perspectives and building relationships with student and families.
Lueimo, P., Bindreiff, D. 2021. The disproportionality of Latinx students in Special Education: The growing need to build relationships. Leadership Magazine. Sacramento, California: Association of California School Administrators (ACSA) https://leadership.acsa.org/jan-feb-2021