Proposed Significant Disproportionality New Data Collection Presenters: Robert Trombley, Richelle Davis

Agenda Part I Existing Data Collection Part II Proposed New Data Collections Part III Dates Part IV Questions

Existing Data Collection Slide 3 Part I Existing Data Collection

IDEA Part B Maintenance of Effort (MOE) Reduction and Coordinated Early Intervening Services (CEIS) At this time, the Department is not modifying this collection. The collection will likely be modified in the future, and the public will have the opportunity to comment on any proposed changes. For information on the existing collection see: https://www2.ed.gov/about/inits/ed/edfacts/emaps-idea-part-b-moe- reduction-ceis-user-guide.pdf

Part II Proposed New Data Collections

Proposed State Part B Application The Department published an Information collection request in early July 2017. The public has 60 days to comment. The Department is proposing to collect data related to significant disproportionality in each State’s IDEA Part B Application. After the comment period closes, the Department will respond to comments and make any necessary changes. The final collection will be published for 30 days and will effective after that date.

What Data Must Be Reported? For each of the 14 categories of analysis, the Department has proposed that States report their: 1) Minimum cell sizes; 2) Minimum N-sizes; 3) Risk ratio thresholds; 4) Standards for reasonable progress (If Appropriate); 5) Rationales for each; and 6) The number of years of data used to make a determination of significant disproportionality.

What are the Categories of Analysis? The identification of children ages 3 through 21 as children with disabilities; The identification of children ages 3 through 21 as children with the following impairments: Intellectual disabilities; Specific learning disabilities; Emotional disturbance; Speech or language impairments; Other health impairments; and Autism. Placements of children with disabilities ages 6 through 21, inside a regular class less than 40 percent of the day; Placements of children with disabilities ages 6 through 21, inside separate schools and residential facilities, not including homebound or hospital settings, correctional facilities, or private schools; For children with disabilities ages 3 through 21, out-of-school suspensions and expulsions of 10 days or fewer; For children with disabilities ages 3 through 21, out-of-school suspensions and expulsions of more than 10 days; For children with disabilities ages 3 through 21, in-school suspensions of 10 days or fewer; For children with disabilities ages 3 through 21, in-school suspensions of more than 10 days; and For children with disabilities ages 3 through 21, disciplinary removals in total, including in-school and out-of-school suspensions, expulsions, removals by school personnel to an interim alternative education setting, and removals by a hearing officer. (34 C.F.R. §300.647(b)(3) and (4).) Q&A B-4-1 to B-4-2

Will the Department Pre-approve Each States Selections? No. States must implement the new rule as required in the regulations when they become effective on July 1, 2018. The Department will be providing additional information to States about the process for determining whether each State’s selections are reasonable at a future date.

How Will the Department Collect the Proposed Data? The Department intends to develop an excel spreadsheet for States to submit with their IDEA Part B application. The spreadsheet will streamline the submission.

What is Included in a State’s Rationale? The Department is proposing that in general, these rationales must contain: justifications for the choices made, including relevant data and research relied upon to make an informed choice; and how the State included stakeholders in that process. If States select cell or n sizes above 10/30, then the rationales must include a detailed explanation of why the numbers chosen are reasonable and how they ensure that the State is appropriately analyzing and identifying LEAs with significant disparities, based on race and ethnicity, in the identification, placement, or discipline of children with disabilities, as required by §300.647(b)(7).

Are States Required to Submit these Proposed Data to be Eligible for their Part B Grant? - No, this data submission is not an eligibility requirement for an IDEA Part B Grant.

New Proposed Elements of the LEA Record Keeping Collection Also known as the “no collection collection” These proposed data are only to be retained for review if necessary. The Department is not collecting these data. States are required to retain all the risk ratios calculated for each LEA for each year analyzed and whether an LEA has been identified with significant disproportionality in a particular category of analysis for each race or ethnicity. In other words, retain the calculations you made to make determinations of significant disproportionality.

How to Publicly Comment? States may submit public comments on these two collections here: www.regulations.gov

Part III Dates

When Must States Report the Proposed New Data? States have the option to report this data in the spring of 2018. States are required to submit this data in the spring of 2019 or any following year when a State modifies its risk ratio thresholds, cell- sizes, n-sizes, standards for reasonable progress, or the number of years of data used.

Deadlines The Public Comment Deadlines for Part B Application and LEA Record Keeping Application will be in early to mid September.

Part IV QUESTIONS Please send questions for us to address in future guidance at significantdisproportionalityrule@ed.gov