1. Alabama Department of Education Division of Instructional Services Special Education Services P.O. Box 302101 Montgomery, AL 36130-2101 Read Notes Aloud. Thank you for attending this session. More importantly we thank you for your diligent efforts over the past six years to address disproportionality via the Lee v. Macon Special Education Consent Decree and its initiatives. Alabama, from all indications, has given this matter more attention than almost all other states. And, while we have truly made significant progress in reducing the disparity in mental retardation (MR), specific learning disability (SLD), and emotional disturbance (ED) while insisting on eligibility teams making appropriate decisions, we still have a long way to go.Read Notes Aloud. Thank you for attending this session. More importantly we thank you for your diligent efforts over the past six years to address disproportionality via the Lee v. Macon Special Education Consent Decree and its initiatives. Alabama, from all indications, has given this matter more attention than almost all other states. And, while we have truly made significant progress in reducing the disparity in mental retardation (MR), specific learning disability (SLD), and emotional disturbance (ED) while insisting on eligibility teams making appropriate decisions, we still have a long way to go.

2. Read slide. Read slide.

3. Definition of Disproportionality Disproportionate representation is defined as “the extent to which membership in a given group affects the probability of being placed in a specific special education disability category.” ( Oswald, et. al. 1999.) Read notes aloud. Disproportionality in the context of IDEA refers to comparisons made among groups of students by race or ethnicity who are identified for special education services. Where students from particular racial or ethnic groups are identified at a greater or lesser rate than all other students, then that group may be said to be disproportionately represented in special education.Read notes aloud. Disproportionality in the context of IDEA refers to comparisons made among groups of students by race or ethnicity who are identified for special education services. Where students from particular racial or ethnic groups are identified at a greater or lesser rate than all other students, then that group may be said to be disproportionately represented in special education.

4. Definition of Disproportionality The disproportionate placement of students of a given ethnic group in special education programs, means that the percentage of students from that group in such programs is disproportionately greater than their percentage in the school population as a whole. Simply defined, disproportionate representation encompasses both “overrepresentation” in high incidence disabilities and “underrepresentation” in programs for gifted . Read slide. Allow for discussion. Read slide. Allow for discussion.

5. Disproportionality Looks Like This Percent of students of a specific race or ethnicity When a particular racial or ethnic group is represented in special education at a greater rate than the population in general, that group is said to be overrepresented.When a particular racial or ethnic group is represented in special education at a greater rate than the population in general, that group is said to be overrepresented.

6. Disproportionality Looks Like This Percent of students of a specific race or ethnicity Conversely, when the percentage of an ethnic or racial group is less than what is found in the population in general, the group may be described as underrepresented.Conversely, when the percentage of an ethnic or racial group is less than what is found in the population in general, the group may be described as underrepresented.

7. Is Disproportionality A Problem? Among the conceptual factors that can influence disproportionate representation are issues of race and its definition and significance. ( Hilliard, 2001) The importance of addressing disproportionate representation is evident in that Congress has twice commissioned the National Academy of Sciences to study the issue – in 1982 and again in 2002. The recent 2002 report concluded, “twenty years later, disproportionality in special education persists” (Donovan & Cross, 2002, p.1). The phenomenon of disproportionate representation is particularly troubling when one considers that minority children are comprising an increasing percentage of public school students. Congress contends that: 1) greater efforts are needed to prevent the intensification of problems connected with mislabeling minority children with disabilities; 2) more minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population; 3) African-American children are identified as having mental retardation and emotional disturbance at rates greater than their white counterparts; and 4) studies have found that in schools with predominantly White students and teachers, disproportionately high numbers of minority students have been placed in special education. The importance of addressing disproportionate representation is evident in that Congress has twice commissioned the National Academy of Sciences to study the issue – in 1982 and again in 2002. The recent 2002 report concluded, “twenty years later, disproportionality in special education persists” (Donovan & Cross, 2002, p.1). The phenomenon of disproportionate representation is particularly troubling when one considers that minority children are comprising an increasing percentage of public school students. Congress contends that: 1) greater efforts are needed to prevent the intensification of problems connected with mislabeling minority children with disabilities; 2) more minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population; 3) African-American children are identified as having mental retardation and emotional disturbance at rates greater than their white counterparts; and 4) studies have found that in schools with predominantly White students and teachers, disproportionately high numbers of minority students have been placed in special education.

8. Implications of Overrepresentation Serious implications result from overrepresentation Students may be denied access to the general education curriculum. Students may receive services that do not meet their needs. Students may be misclassified or inappropriately identified. Read slide. Allow for discussion.Read slide. Allow for discussion.

9. Major Factors that Contribute to the Disparity Socio-demographic issues associated with poverty. Unequal educational opportunities for students of color and disadvantaged students. The special education referral and placement process. Read slide. Allow for discussion.Read slide. Allow for discussion.

10. Why the Disproportionality? Failure of general education to properly educate children from diverse backgrounds. Misidentification, misuse of test. Lack of access to effective instruction. Insufficient resources. Teachers who are not well prepared. Poverty. Read notes aloud. While poverty is the justification used most frequently, it is definitely not a catch-all. Schools probably cannot immediately impact the socioeconomic status of parents. However, when schools focus on the factors of effective schools: 1) principals as instructional leaders; 2) teachers who have high expectations for all students; 3) increased time on task; 4) positive school climate; and 5) assessment guided instruction, the long range impact may increase the economics of the community.Read notes aloud. While poverty is the justification used most frequently, it is definitely not a catch-all. Schools probably cannot immediately impact the socioeconomic status of parents. However, when schools focus on the factors of effective schools: 1) principals as instructional leaders; 2) teachers who have high expectations for all students; 3) increased time on task; 4) positive school climate; and 5) assessment guided instruction, the long range impact may increase the economics of the community.

11. The “Roots” of Disproportionality Race/Ethnicity/Language. Systemic school factors related to teacher ineffectiveness and biased perceptions about students. Inadequate and inappropriate referral, assessment and evaluation procedures. Biased tests. Read slide. Allow for discussion.Read slide. Allow for discussion.

12. Roots Poverty. Discrimination or cultural bias in referral and assessment processes. School-based factors. Unique factors related directly to ethnicity. Read slide. Allow for discussion.Read slide. Allow for discussion.

13. Defining “Significant Disproportionality” The State defines significant disproportionality for LEAs and for the State in general. The State determines criteria for what level of disproportionality is significant. Read slide. Read slide.

14. Determining “Significant Disproportionality” Is based on a collection and examination of data and not a district’s policies, procedures, or practices. Read slide aloud.Read slide aloud.

15. What States Must Do §300.646 Disproportionality (a) General. Each State that receives assistance under Part B of the Act, and the Secretary of Interior, must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the LEAs of State with respect to- (1) The identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the Act; (2)The placement in particular educational settings of these children; and (3) The incidence, duration, and type of disciplinary actions including suspensions and expulsions. Read notes aloud. Alabama is obligated by statutory language to determine significant disproportionality based on race/ethnicity in the identification of children with disabilities, in the placement of children in particular educational settings, and in the incidence, duration, and type of disciplinary actions.Read notes aloud. Alabama is obligated by statutory language to determine significant disproportionality based on race/ethnicity in the identification of children with disabilities, in the placement of children in particular educational settings, and in the incidence, duration, and type of disciplinary actions.

16. Statistics African-American children are twice as likely as White and American Indians/Alaskan Natives to be identified with mental retardation (MR). African-American children are twice as likely as White children to be classified with emotional disturbance (ED). Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

17. Post-School Outcomes Unemployed 2 years out of high school 75% African-American students 47% White students Still not employed 3-5 years out of high school 52% African-American young adults 39% White young adults Arrest Rate 40% African-Americans with disabilities 27% Whites with disabilities Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

18. National Data by Disability Here is a look at national data by disability area. Read slide aloud. Allow for discussion.Here is a look at national data by disability area. Read slide aloud. Allow for discussion.

19. National Data By Ethnicity This is how the data looks by disability and race. Read slide aloud. Allow for discussion.This is how the data looks by disability and race. Read slide aloud. Allow for discussion.

20. Racial/Ethnic Backgrounds of Youth with Disabilities and Youth in the General Population Read notes aloud. This chart compares students with disabilities to their nondisabled peers by race /ethnicity. (Note: Facilitators should update this slide annually). Allow for discussion. Read notes aloud. This chart compares students with disabilities to their nondisabled peers by race /ethnicity. (Note: Facilitators should update this slide annually). Allow for discussion.

21. Racial/Ethnic Backgrounds of Youth with Disabilities and Youth in the General Populationin Alabama Read notes aloud. This is Alabama’s data based on the 2006 Child Count. Read slide. How does your district’s/school’s data look? (Facilitator may want to disseminate annual data that is LEA specific). Allow discussion. Read notes aloud. This is Alabama’s data based on the 2006 Child Count. Read slide. How does your district’s/school’s data look? (Facilitator may want to disseminate annual data that is LEA specific). Allow discussion.

22. Methods of Calculating Disproportionality Office of Special Education Programs (OSEP) recommends using multiple methods to calculate disproportionality to reduce the risk of overlooking potential problems. Read slide aloud.Read slide aloud.

23. METHODS USED FOR CALCULATING DISPROPORTIONALITY IN ALABAMA Chi-Square. Odds-Ratio. Risk-Ratio. Weighted Risk-Ratio. Majority/Minority. Read notes aloud. Each of these methods may be used to calculate disproportionality by race/ethnicity. Read notes aloud. Each of these methods may be used to calculate disproportionality by race/ethnicity.

24. Program Analysis School District:___________School_________Program___________ 1. Total number of students in the district _______ 2. Total number of Black students in the district _______ 3. Percent of Black students in the district _______ 4. Percent of Black students in the program _______ 5. Total number of students in the program _______ 6. Total number of Black students in the program _______ 7. Expected number of Black students in the program _______ 8. Actual difference _______ 9. Acceptable difference _______ 10. Range of Tolerance ______ ______ _______ 11. Excess of Tolerance _______ 2vT*P*(1-P) T=Total number of student enrolled in the program (#5) P= Proportion of racial minorities in the pool of potential students (#3) Read Notes Aloud. This analysis may be us to determine overrepresentation/underrepresentation for almost any program in our school or district. It transfers easily to an Excel spreadsheet and is easily interpreted. (Note: This analysis should be used to determine disproportionality in the LEA/school if disproportionality has been a concern).Read Notes Aloud. This analysis may be us to determine overrepresentation/underrepresentation for almost any program in our school or district. It transfers easily to an Excel spreadsheet and is easily interpreted. (Note: This analysis should be used to determine disproportionality in the LEA/school if disproportionality has been a concern).

25. Research shows we know the way, it’s time we showed the will. (Christopher Cerf, CEO Edison) Read slide aloud.Read slide aloud.

26. Read slide aloud.Read slide aloud.

27. Census Data Based on the 2000 Census data, the United States has approximately 275,000,000 people. Nearly 1 of every 3 will be African-American, Hispanic, Asian-American or American Indian. Read slide aloud . Allow for discussion.Read slide aloud . Allow for discussion.

28. Census Data Students of color are projected to account for 24 percent of the total school age population by 2012. Ninety-two percent of teachers will be White females. (NCES Statistics) Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

29. Census Data Half of all school children will be non-Anglo by 2025 and, half of all Americans will be non-Anglo by 2050. Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

30. Census Data Racial lines are becoming more blurred. At least 40 percent of all Americans have had some racial mixing in the last three generations. Secondary Schools in the New Millennium, Hodgkinson, 2000 Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

31. Recent Data Although Latino students are often not overrepresented in state and national data, they are likely to be overrepresented in special education when their proportion of a district’s diverse student body increases. Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

32. Recent Data Children from culturally diverse backgrounds needing special education support often receive low quality services. Poverty and other socioeconomic factors affect the incidence of disability among all ethnic groups and across disabilities. The larger the educational program, the larger the disproportion of minority students Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

33. Recent Data Asian Pacific students are generally underrepresented in disability categories and over represented in gifted and talented programs. Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

34. Recent Data White students are consistently overrepresented in gifted and talented programs and specific learning disability categories. Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

36. Decision Makers National Professional Associations Members Legislators State Standards and curriculum Legislators Child Advocates Schools of Education Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

37. Decision Makers Local Administrators and Teachers School District Professional Development Efforts Families and Community YOU Read notes aloud. Typically change in procedures and practices are driven by legislation or litigation. NCLB, IDEA, and Lee v. Macon are prime examples.Read notes aloud. Typically change in procedures and practices are driven by legislation or litigation. NCLB, IDEA, and Lee v. Macon are prime examples.

38. Baby Steps/Giant Steps “Eliminating disproportionality is an adult issue.” Joseph Olchefske, Superintendent of Seattle Schools. Read slide aloud. Read notes aloud. Your role in helping to address issues of equity in education is not a minimal one. You are on the front lines to impact a positive change as it relates to closing the achievement gap and disproportionality. Allow for discussion. Read slide aloud. Read notes aloud. Your role in helping to address issues of equity in education is not a minimal one. You are on the front lines to impact a positive change as it relates to closing the achievement gap and disproportionality. Allow for discussion.

39. Baby Steps/Giant Steps “We must change the way we think about ability, competence, and success, and encourage schools to redefine support so that the need to sort children is reduced.” (Testimony before the President’s Commission, 2002) Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

40. Read notes aloud. When is now.Read notes aloud. When is now.

41. Framework for Action(Required for LEAs in Early Intervening Services) The creation of a diverse multidisciplinary planning team. The provision of high quality intervention and ancillary services. The identification of the factors that contribute to students’ school related difficulties. The use of classroom-based assessments Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

42. Framework for Action(Required for LEAs in Early Intervening Services) Areas that require specific attention: The use of a diversified curriculum. The use of culturally responsive teaching strategies. The use of culturally appropriate behavior management strategies. Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

43. The creation of a respectful classroom environment that acknowledges diversity. The fostering of family participation and communication. Enlisting the support of community members and groups. Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

44. Activity 1. What does disproportionality look like in your school district? School? 2. What are the implications for communities, families, and students? 3. How do contributing factors play out for families? 4. What are the greatest barriers that you have observed that schools, and families face as their students go through the system? 5. If we were to focus on one thing to fix disproportionality, what would it be? (Note: This activity is optional except for school districts in which significant disproportionality is a concern). Read slide aloud. Allow for discussion. (Note: This activity is optional except for school districts in which significant disproportionality is a concern). Read slide aloud. Allow for discussion.

45. Overidentification and Disproportionality §300.173 Overidentification and disproportionality. The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in §300.8. Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

46. What Happens If There Is A Determination Of Significant Disproportionality States must… Provide for the review and revision (if appropriate) of policies, procedures, and practices used in identification or placement of children. Require LEAs to use 15% of Part B funds for early intervening services (particularly, but not only for children in those groups significantly overidentified). Monitor LEAs levels of disproportionality. Annually report via the State Performance Plan. Read slide aloud. Allow for discussion. Read slide aloud. Allow for discussion.

47. CONSEQUENCES The State must provide intensive technical assistance regarding disproportionality. LEAs must assess their current practices and develop technical assistance (TA) plans. LEAs must assess their current practices and develop professional development (PD) plans. LEA improvement plans must target disproportionality. Read slide aloud. Allow for discussion.Read slide aloud. Allow for discussion.

48. Resources Alabama Department of Education www.alsde.edu What Works Clearinghouse www.whatworks.ed.gov Positive Behavior Interventions and Supports www.pbis.org/main.htm National Reading First Technical Assistance Center www.readingfirstsupports.us/default.asp? article_id=10

49. Contact Information Dorothea Walker dwalker@alsde.edu Joycelyn F. Wortham jwortham@alsde.edu Special Education Services (334) 242-8114