Significant Disproportionality Overview of New Regulations and - PDF document

2/27/2017 Significant Disproportionality Overview of New Regulations and Preliminary Results March 2 0 1 7 Disproportionality Disproportionality exists when students in a racial or ethnic group are more likely to be • identified as a student with a disability • identified as a student with a particular disability • placed in more restrictive settings • suspended or expelled than students in other racial or ethnic groups 2 Race/ Ethnicity Categories Districts Report to DESE : Districts Collect: • Race (one or more) • Race/Ethnicity ◦ American Indian or Alaska ◦ Hispanic/Latino Native ◦ American Indian or Alaska ◦ Asian Native ◦ Black or African American ◦ Asian ◦ Native Hawaiian or Other ◦ Black or African American Pacific Islander ◦ Native Hawaiian or Other ◦ White Pacific Islander • Ethnicity ◦ White ◦ Multi-Racial ◦ Hispanic/Latino (Yes/No) 3 1

2/27/2017 Disproportionality Data Disproportionate Significant Significant Representation Discrepancies in Disproportionality Discipline ( current) SPP Indicators 9 & 10 SPP Indicator 4B Not an SPP Indicator Annual review process Annual review process Annual required 15% for CEIS and review process All IEP and 6 disability OSS > 10 days Identification categories consecutively or Placements cumulatively Discipline Removals 2 years 2 years 3 years Minimum cell size of Minimum cell size of 10 Higher 20 for group and OSS comparison group Risk ratio > 2.5 Risk ratio > 4.0 Higher 4 Sum m ary of new regulations (1) establish a standard methodology States must use (2) clarify that States must address significant disproportionality in disciplinary actions (3) clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found; and (4) require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities. 5 W hen identified as SD • State must provide for the annual review and, if appropriate, revision of the policies, practices and procedures used… • Require the LEA to publicly report on the revision of p/p/p • Require the LEA to reserve 15% of funds under section 613(f), to provide comprehensive coordinated early intervening services to address factors contributing to the significant disproportionality 6 2

2/27/2017 Tim eline Identified LEAs will need to reserve 15% of • federal IDEA funds for comprehensive CEIS in the 2018-19 school year • For identification and placements, will use data from 2017-18 and prior years • For discipline, will use data from 2016-17 and prior years “Warning letters” to districts ASAP • Official notification letters to districts in • spring 2018 7 Current vs. New Area Current New Identification All disabilities and six disability Same categories (ages 3-5 categories; ages 6-21 included by July 2020) Placements Inside Regular Class 40-79% Inside Regular Class < 40% Inside Regular Class <40% Separate Placements Separate Placements Discipline OSS > 10 days, consecutively or OSS > 10 days cumulatively OSS ≤ 10 days ISS > 10 days ISS ≤ 10 days Total removals Calculation Risk Ratio > 3.5 for Id and Risk ratio and alternate risk ratio placements, > 5.0 for discipline N-sizes 30 for numerator for Id and 10 for numerator, 30 for placements, 20 incidents for denominator of risk calculations discipline Years 3 consecutive years Up to three consecutive years Progress Not evaluated Can evaluate 8 9 8 W ays… Seven racial/ethnic groups • Fourteen areas • • All disabilities Six disability categories (ID, ED, LD, AU, • OHI, Sp/L) Two placement categories • Five discipline groups • A district has ninety-eight “opportunities” • to be identified as being significantly disproportionate 9 3

2/27/2017 Definitions • Risk: Risk tells us how likely a certain outcome is (i.e. being identified as having a disability) • Comparison group: All other racial/ethnic groups • Risk ratio: The risk ratio tells us how the risk for one racial/ethnic group compares to the risk for a comparison group of all other races/ethnicities • Minimum cell size: Risk numerator • Minimum n-size: Risk denominator • Alternate risk ratio: Compares the district level risk for racial/ethnic group to the state level risk for the comparison group. Used if the comparison group does not meet the minimum cell or n-size. 10 Risk Ratio Calculation A comparison of risks: likelihood of outcome for one group vs. outcome for all others in the LEA. Example: 40 Hispanic children identified out of 160 total Hispanic children in LEA 200 other (Non Hispanic) children identified out of 2,000 other (Non Hispanic) children in LEA Risk ratio: 2.5 (40/160) / (200/2,000) = 0.25/0.1 = 2.5 Meaning that Hispanic children are 2.5 times as likely to be identified as all other children 11 Alternate Risk Ratio A comparison of risks: likelihood of outcome for one group vs. outcome for all others in the State . Because sometimes the comparison group won’t meet the minimum cell or n-size. 12 4

2/27/2017 Cell sizes and n-sizes RISK RATIO (compares LEA to itself) vs ALTERNATE RISK RATIO (compares LEA to State) If # < 10 or if # < 30, then do not evaluate LEA If # < 10 or if # < 30, then use state comparison grp 13 Risk Ratio Threshold What is significant disproportionality? A risk ratio or alternate risk ratio greater than the selected risk ratio threshold for a number of consecutive years = significant disproportionality States can choose to use up to three consecutive years 14 Reasonableness • States required to set o reasonable risk ratio thresholds o number of years to consider o reasonable minimum cell sizes o reasonable minimum n-sizes o and standards for measuring reasonable progress • All with input from stakeholders (including State Advisory Panels), subject to the US DOE’s oversight • Cell size of 10 and n-size of 30 are considered presumptively reasonable by US DOE 15 5

2/27/2017 Risk Ratio Thresholds > 3 .5 for 3 Years I D and Placem ents District Area Progress? Alternate RR Low est RR A Black ID 4.34 B Black ID Maybe 1 of 3 5.01 C Hispanic LD 4.20 D White OHI Maybe yes 3.63 E White SP/Lang Maybe yes 3.86 F White SP/Lang yes 3.70 G White LD yes 3.79 Three LEAs are component districts of Special School Districts. Total enrollment for the seven LEAs is approximately 24,000 students (one large, two medium, four very small LEAs). 16 Risk Ratio Thresholds > 3 .0 for 3 Years I D and Placem ents District Area Progress? Alternate RR Low est RR H Black ID 3.49 I Black ID Maybe 3.12 J Black ED 3.08 K Black ED Maybe 3.29 L Black ID 3.13 M White SP/Lang yes 3.30 N White LD yes 3.14 O White SP/Lang yes 3.05 zywvutsrponmlkihgfedcbaYWUTSRPONMLIEDCA P White LD 3.11 Q White SP/Lang yes 3.29 R White LD Maybe yes 3.32 Seven LEAs are component districts of Special School Districts. Total enrollment for the 18 LEAs is approximately 62,000 students (two large, six medium, 10 small to very small LEAs). 17 Significant Disproportionality Discipline • Review five categories separately o OSS > 10 days o OSS ≤ 10 days o ISS > 10 days o ISS ≤ 10 days o All removals • Comparison group o Currently use all nondisabled students o Will change to “all other races” for students with disabilities 18 6

2/27/2017 Risk Ratio Thresholds > 4 .0 for 3 Years Discipline ( All Other SW D) District Area Progress? Alternate RR Low est RR A Black OSS <=10 4.13 B Black All Disc 4.64 C Black ISS<=10 4.46 D Black OSS<=10 4.68 E Black OSS<=10 Maybe Yes 6.24 F Black All Disc 4.34 G Black OSS<=10 4.72 H Black All Disc 4.17 I Black OSS<=10 4.43 J White ISS<=10 Yes 4.18 K Black OSS<=10 Yes 9.49 L Black OSS<=10 Yes 5.39 M Black OSS<=10 Yes 7.49 Three LEAs are component districts of Special School Districts. LEAs includes both SSDs. Total enrollment for the LEAs is approximately 152,000 students. 19 Risk Ratio Thresholds > 3 .5 for 3 Years Discipline ( All Other SW D) District Area Progress? Alternate Low est RR RR N Black All Disc 3.83 O Black ISS <=10 3.95 P Black ISS <=10 3.71 Q Black ISS <=10 3.90 Does not add additional student enrollment to prior list. 20 Risk Ratio Thresholds > 3 .0 for 3 Years Discipline ( All Other SW D) District Area Progress? Alternate RR Low est RR R Black ISS <=10 3.08 S Black ISS <=10 3.33 T Black OSS <=10 2 of 3 3.11 U Black All Disc 3.46 V Black ISS <=10 3.05 W Black All Disc 3.07 X Black ISS <=10 3.15 Y Black OSS <=10 3.46 Z Black All Disc 3.30 AA Black OSS <=10 Yes 3.21 BB Black OSS >10 Maybe 3.22 CC Black OSS <=10 3.34 Eight LEAs are component districts of Special School Districts. LEAs includes both SSDs. Total enrollment for the LEAs is approximately 204,000 students. 21 7