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Significant disproportionality This StAIR provides educators with an opportunity to learn about Significant Disproportionality The intended audience of this StAIR are Intermediate School District and school district special education administrators or others responsible for the education of students with Individualized Education Programs (IEPs) which will benefit from understanding this federal mandate.

Objective The learner will gain knowledge of what significant disproportionality is, as well as, the implications for districts identified with significant disproportionality. Additionally, the learner will gain knowledge of the differences between disproportionate representation and significant disproportionality. The intended use of this StAIR is to serve as an additional resource for educators in a continued effort to ensure compliance with the Individuals with Disabilities Education Act (IDEA) and improve programs and services for Michigan’s students with disabilities as outlined in Regulation §300.646 of the IDEA. The intentions of this StAIR project is that after viewing this presentation, the learner will learn what significant disproportionality is, as well as, the implications for districts identified with significant disproportionality. Additionally, the learner will learn the difference between disproportionate representation and significant disproportionality.

WHY IS THIS SO CONFUSING? Let’s first begin by identifying – Why is everyone confused? What is it about Significant Disproportionality that is causing so much confusion?

Annual Performance Report WRR operating district disproportionate representation determinations Significant Disproportionality ARR risk ratios There are so many of the same terms being used all around us. Words like disproportionate representation, risk ratios, determinations, state performance indicators, annual performance report and disproportionality. This can all be very confusing. It all sounds the same. RR state performance indicators

Annual Performance Report Results Indicators 4A--Suspension/Expulsion 5--Educational Environments Compliance Indicators 4B--Suspension/Expulsion by race/ethnicity 9—Identification by race/ethnicity 10—Identification by race/ethnicity & eligibility Let’s first discuss the indicators which are part of the State Performance Plan and which are reported annually in the Annual Performance Report. Results indicators include 4A the percent a district suspends/expels their students with an IEP, Indicator 5 which relates to the educational environments of the students with an IEP. The compliance indicators include 4B, 9 and 10. Note: For Indicator 4 there are two components: 4A is a results indicator and 4B is a compliance indicator. Both look at the out-of-school suspension/expulsions of students with an IEP greater than 10 days.

Focused Monitoring Indicators 4A & 4B – Suspension & Expulsion Indicator 5 – Educational Environments Indicator 9 - Identification by Race/Ethnicity Indicator 10 -Identification by Race/Ethnicity and Eligibility Further contributing to the confusion is that these are the areas that districts are focused monitored. Indicators 4A & 4B for suspension and expulsion, Indicator 5 for educational environments and Indicators 9 and 10 for identification by race/ethnicity and by eligibility. Click the link to test your knowledge of what you have just learned. Click Here To Test Your Knowledge

To clear up the confusion we need to answer these questions: 1. What is Disproportionate Representation? 2. What is Significant Disproportionality? 3. What is the difference between Disproportionate Representation and Significant Disproportionality? 4. What are the obligations of districts, once identified with Significant Disproportionality? So now that we know a little about the terms that are causing some confusion let’s begin by identifying the essential questions that need to be answered. The answers to these questions are presented in this presentation and will help to clear up some of the confusion.

Disproportionate Representation Disproportionate representation refers to “over-representation” of specific demographic groups of students in special education programs or related services that is the result of inappropriate identification. Before we begin discussing Significant Disproportionality, it is first important to explain disproportionate representation. This is where much confusion occurs. The terms Disproportionate Representation and Significant Disproportionality are sometimes used interchangeably but these terms are very different. Disproportionate representation refers to over-representation of specific demographic groups of students in special education that is the result of inappropriate identification.

Disproportionate Representation State Performance Plan (SPP) Indicator 9 Racial and ethnic over-representation in special education due to inappropriate identification practices State Performance Plan (SPP) Indicator 10 Racial and ethnic over-representation in specific disability categories in special education due to inappropriate identification practices Disproportionate Representation is part of the of the State Performance Plan (SPP) and therefore also a part of the Annual Performance Report (APR). Indicator 9 is the identification of students with disabilities by race/ethnicity and Indicator 10 is the identification of students with disabilities by race/ethnicity AND eligibility or specific disability category.

Disproportionate Representation African American American Indian Asian Hispanic White Native Hawaiian or Other Pacific Islander Two or More Races The U.S. Department of Education released guidance on maintaining, collecting, and reporting racial and ethnic data. Beginning in the 2010-2011 school year, all school districts were required to report under the new race/ethnicity reporting requirements. There are seven categories race/ethnicity to report. The two newest categories are Native Hawaiian or Other Pacific Islander and a Two or More Races category. Previously, we used proportional allocation of multiracial students and now these students are counted under the “Two or More Races” category.

Disproportionate Representation Autism Spectrum Disorder Cognitive Impairment Emotional Impairment Other Health Impairment Specific Learning Disability Speech & Language Impairment These are the six specific eligibility categories that are looked at.

Disproportionate Representation A Weighted Risk Ratio (WRR) is used to determine disproportionate representation for a particular racial/ethnic subgroup when there are at least 10 students with disabilities in all other racial/ethnic subgroups in a district (disability comparison group). A weighted risk ratio is used when a district’s population most closely represents the state’s population when there are at least 10 students with disabilities in the disability comparison group.

Disproportionate Representation An Alternate Risk Ratio (ARR) is used to determine disproportionate representation for a particular racial/ethnic subgroup when there are fewer than 10 students with disabilities in all other racial/ethnic subgroups (disability comparison group). An Alternate Risk Ratio is used when there are fewer than 10 students in the disability comparison group.

Disproportionate Representation A Risk Ratio (RR) is used to determine disproportionate representation for a particular racial/ethnic subgroup when there are zero African American or White students with disabilities in the district (disability comparison group). And finally, a risk ratio is used when a district’s population is very unique and doesn’t look like the state’s population. An example, may be a small district located in Northern Michigan with a high concentration of American Indians where there are no African American or White students with disabilities in the comparison group. Click the link to test your knowledge of what you have learned. Click Here To Test Your Knowledge

Disproportionate Representation MEA Leadership Conference August 31, 2007 Disproportionate Representation For two years: Weighted /Alternate or Risk Ratio for over-representation > 2.5 Now that you have learned about risk ratios you need to understand that for disproportionate representation a district must have either a Weighted, Alternate, or Risk ratio of greater than 2.5 for two consecutive years. 16

Disproportionate Representation Michigan Student Data System (MSDS) Operating District Data Resident District Data Risk Ratios Where does this data come from—it comes from the data submitted by the district through the Michigan Student Data System or MSDS in the fall collection. Operating and resident district data is used. Operating district data refers to the students the district actually serves. Resident district data refers to the students that live within a district’s boundaries with some exceptions. The “resident” definition excludes students enrolled in schools of choice, non-public, home-schooled, Public School Academy students and entities serving adjudicated students. The purpose of the resident district definition is to limit the students to those that districts have an opportunity to influence their education.

Disproportionate Representation An Overview of Disproportionality 7/2/2018 Disproportionate Representation A site visit to your district by staff from the Office of Special Education to determine if there are inappropriate identification policies, procedures or practices If required, create and implement an improvement plan; monitored for evidence of change Participate in technical assistance Once a district is identified with Disproportionate Representation the district may participate in some form of monitoring. Including a site visit, desk audit or a self review to determine if there are inappropriate identification policies, procedures or practices that have contributed to the disproportionate representation. If so, districts are required to create and implement an improvement plan and participate in technical assistance. However, if there are no findings specific to inappropriate identification policies, procedures or practices then the district is not considered to have disproportionate representation. It is important to understand that the data alone is not a problem. It is only a problem if there are findings which state the district has inappropriate policies, procedures or practices. 18

Disproportionate Representation An Overview of Disproportionality 7/2/2018 Disproportionate Representation Review Data can indicate disproportionate representation but findings for SPP 9 and SPP 10 are based on inappropriate identification policies, procedures or practices. Disproportionate Representation are compliance indicators and part of the State Performance Plan and Annual Performance Report So here is an overview of Disproportionate Representation. Data can indicate disproportionate representation but is not a problem unless there are findings which indicate there are inappropriate identification policies, procedures or practices. In addition, Disproportionate representation is part of the State Performance Plan and Annual Performance Report. Click the link to test your knowledge of what you have learned. Click Here To Test Your Knowledge 19

Significant Disproportionality IDEA 20 U.S.C § 1418(d) IDEA 20 U.S.C § 1413(f) Now let’s discuss Significant Disproportionality. It is not a part of the State Performance Plan nor the Annual Performance Reporting. It is a federal mandate in place by these statutes.

Significant Disproportionality Based on race and ethnicity, the: identification by race/ethnicity; identification by race/ethnicity & eligibility; placement of children with disabilities in particular educational settings; incidence, duration, and type of disciplinary actions There are actually 4 ways a district can be identified with Significant Disproportionality as listed here. We use a lot of the same data we use to calculate indicators we discussed early in this presentation but it isn’t exactly the same in that the parameters and thresholds are different. Identification by race/ethnicity and identification by race/ethnicity & eligibility is discussed when we learned about disproportionate representation but you can see this is only one way of being identified with significant disproportionality. In addition, educational settings and suspension/expulsion data is looked at.

Significant Disproportionality Data Sources: Michigan Student Data System (MSDS) Operating District Data Resident District Data Risk Ratios The data sources were previously explained in Disproportionate Representation and the data sources are the same for Significant Disproportionality which include student data submitted through the Michigan Student Data System (MSDS). Also used is the operating and resident district data and risk ratios.

Significant Disproportionality Rochester Community Schools MEA Leadership Conference August 31, 2007 May 7 2010 Significant Disproportionality Identification of students with disabilities For Two Years: Weighted Risk Ratio > 3.0 Operating District or Resident District Alternate Risk Ratio > 3.0 Risk Ratio > 3.0 Here we look at the identification of students with disabilities by race/ethnicity and identification of students with disabilities by race/ethnicity and eligibility. Where the ratio for Disproportionate Representation was 2.5 the threshold for Significant Disproportionality is greater than 3.0 for two consecutive years. Eleanor E. White, Ph.D. 23 23

Significant Disproportionality Rochester Community Schools MEA Leadership Conference August 31, 2007 May 7 2010 Significant Disproportionality Placement of students with disabilities For Two Years: Weighted Risk Ratio > 3.0 Operating District or Resident District Alternate Risk Ratio > 3.0 Risk Ratio > 3.0 For placement of students with disabilities in particular educational settings here the threshold is greater than 3.0 as well for two consecutive years. Eleanor E. White, Ph.D. 24 24

Significant Disproportionality MEA Leadership Conference Rochester Community Schools August 31, 2007 May 7 2010 Significant Disproportionality Discipline For One Year: Weighted/Alternate/Risk Ratio > 3.0 Operating District Only Out of School +10 days Out of School 2-10 days In-School +10 days In-School 2-10 days For Significant Disproportionality discipline we use only one year of data compared to identification and educational placements which require two years of data. Another notable difference is that Significant Disproportionality looks at all discipline incidences including in-school suspensions less than 10 days and more than 10 days. Also included are out of school suspension/expulsions less than 10 days. This is different than Indicators 4A and 4B as discussed earlier in this presentation. Click the link to test your knowledge of what you have just learned. Click Here To Test Your Knowledge Eleanor E. White, Ph.D. 25 25

Significant Disproportionality An Overview of Disproportionality 7/2/2018 Significant Disproportionality Federal Requirements: Review policies, procedures, and practices. Publicly report any policies, procedures or practices that are changed. Coordinated Early Intervening Services (CEIS) Here are the federal requirements for districts who are identified as having significant disproportionality. A district must review its policies, procedures and practices and publicly report any policies, procedures or practices that are changed as a result. Please note that unlike disproportionate representation DATA alone determines significant disproportionality regardless if there are findings or not. Another federal requirement includes Coordinated Early Intervening Services or CEIS. 26

Significant Disproportionality Coordinated Early Intervening Services 15% of Flowthrough and Preschool Federal funds must be used for non-special education eligible students. General Education Initiatives Academic or Behavioral Support K-12 but emphasis on K-3 Professional Development The federal requirement of Coordinated Early Intervening Services mandates that 15% of flowthrough grant money be used on general education at-risk students K-12 with an emphasis on K-3.

Significant Disproportionality Coordinated Early Intervening Services It is the intent of CEIS that districts have the flexibility to use IDEA and Elementary and Secondary Education Act (ESEA) funds in a coordinated manner in order to provide equitable services across districts for students with unique needs. This is the intent of CEIS.

Significant Disproportionality Coordinated Early Intervening Services (CEIS) Identify students for one-year CEIS activities Maintain data base for three (3) years for identified student population that received benefit from CEIS Report to the Office of Special Education any students who are subsequently identified as eligible for special education programs and/or services. These are the reporting requirements of CEIS. Each year for three years the Office of Special Education will request that the district report the number of students who were subsequently identified as eligible for special education services. Click the link to test your knowledge of what you have just learned. Click Here To Test Your Knowledge

Significant Disproportionality Review Significant Disproportionality is based on data NOT on a district’s policies, procedures, and practices. Significant Disproportionality is not a State Performance Plan Indicator. Here is an overview of Significant Disproportionality. Significant Disproportionality is based on DATA only regardless of your district’s policies, procedures and practices. It is not a part of the State Performance Plan and Annual Performance Report. It is a federal mandate by statute law. Click the link to test your knowledge of what you have learned. Click Here To Test Your Knowledge

For Additional Information About Significant Disproportionality Contact: Eleanor White, Director of Special Education 517 241-4521 whitee1@michigan.gov Julie Trevino, Consultant 517-241-0497 trevinoj1@michigan.gov Thank you for participating in this Stand Alone Instructional Resource. The intended use of this StAIR is to serve as an additional resource for educators in a continued effort to ensure compliance with the Individuals with Disabilities Education Act (IDEA) and improve programs and services for Michigan’s students with disabilities. Have a nice day!

Test Your Knowledge A Weighted Risk Ratio (WRR) is used when there are zero African American or White students with disabilities in the district or comparison group. True False

Test Your Knowledge The acronym ARR stands for Alternative Ratio Risk Alternate Risk Ratio Alternate Race Ratio Alternative Rock Radio A B C D

Test Your Knowledge For Significant Disproportionality, a district may be identified through identification by race/ethnicity; identification by race/ethnicity & eligibility; placement of children with disabilities in particular educational settings; incidence, duration, and type of disciplinary actions All of the above A B C D E

Test Your Knowledge For the Identification of students with disabilities, A district has a Weighted Risk Ratio (WRR) of 3.45 for one year and the second year a WRR of 2.99. What is the district identified with? Significant Disproportionality Disproportionate Representation Neither Both A B C D

Test Your Knowledge For districts identified with Significant Disproportionality, Coordinated Early Intervening Services is optional. True False

Test Your Knowledge SPP Indicators 4a and 4b are part of disproportionate representation. True False

Test Your Knowledge Significant Disproportionality is based on the State Performance Plan. True False

Test Your Knowledge Significant Disproportionality is based on data NOT on a district’s policies, procedures, and practices. True False

Test Your Knowledge Indicator 4b suspension/expulsion by race/ethnicity is a results indicator. True False

Test Your Knowledge Resident district data does not include home-schooled students that live within the district’s boundaries. True False

Test Your Knowledge 5% 15% 25% 30% What percent of Flowthrough and Preschool Federal funds must be used for non-special education eligible students? 5% 15% 25% 30% A B C D

The acronym SPP stands for: State Product Plan State Professional Plan Test Your Knowledge The acronym SPP stands for: State Product Plan State Professional Plan State Performance Plan School Profile Plan A B C D

Test Your Knowledge Significant Disproportionality looks at the identification, educational environments and discipline of students with disabilities. True False

Test Your Knowledge In order to be identified for Significant Disproportionality specific to discipline, a district must have two years of data with a ratio greater than 3.0. True False

Test Your Knowledge A district may be identified with Significant Disproportionality and NOT have disproportionate representation. True False

Super Job! A WRR is used when there are at least 10 students with disabilities in all other racial/ethnic subgroups. NEXT Question

Sorry! A WRR is used when there are at least 10 students with disabilities in all other racial/ethnic subgroups. NEXT Question

Return to Presentation Super Job! The “resident” definition excludes students enrolled in schools of choice, non-public, home-schooled, PSA students and entities serving adjudicated students. Operating district data reflect the students actually served by the district. Return to Presentation

Return to Presentation Sorry! The “resident” definition excludes students enrolled in schools of choice, non-public, home-schooled, PSA students and entities serving adjudicated students. Operating district data reflect the students actually served by the district. Return to Presentation

Nice Try! ARR represents Alternate Risk Ratio NEXT Question

Good Job! ARR represents Alternate Risk Ratio NEXT Question

Correct! For Disproportionate Representation a district must have a ratio greater than 2.5 for two years. Significant Disproportionality requires a ratio greater than 3.0 for two years. NEXT Question

Wrong! For Disproportionate Representation a district must have a ratio greater than 2.5 for two years. Significant Disproportionality requires a ratio greater than 3.0 for two years. NEXT Question

Significant Disproportionality is required due to statute law: Excellent! Significant Disproportionality is required due to statute law: IDEA 20 U.S.C § 1418(d) IDEA 20 U.S.C § 1413(f) NEXT Question

Significant Disproportionality is required due to statute law: Sorry! Significant Disproportionality is required due to statute law: IDEA 20 U.S.C § 1418(d) IDEA 20 U.S.C § 1413(f) NEXT Question

Correct! Significant Disproportionality is solely based on data and not on a district’s policies, procedures, and practices. NEXT Question

Wrong! Significant Disproportionality is solely based on data and not on a district’s policies, procedures, and practices. NEXT Question

Great Job! 15% of flowthrough and preschool federal funds must be used for non-special education eligible students. Includes K-12 but with an emphasis on K-3 students. Next Question

Nice Try! 15% of flowthrough and preschool federal funds must be used for non-special education eligible students. Includes K-12 but with an emphasis on K-3 students. Next Question

Correct! Significant Disproportionality is determined based on four areas: identification by race/ethnicity, identification by race/ethnicity and eligibility, educational environments and discipline of students with disabilities. NEXT Question

Wrong! Significant Disproportionality is determined based on four areas: identification by race/ethnicity, identification by race/ethnicity and eligibility, educational environments and discipline of students with disabilities. NEXT Question

Return to Presentation Great Job! Significant Disproportionality for discipline is calculated based on one year of data. Return to Presentation

Return to Presentation Nice Try! Significant Disproportionality for discipline is calculated based on one year of data. Return to Presentation

Return to Presentation Great Job! A district can be identified with Significant Disproportionality because of educational settings or suspension/expulsion and not have disproportionate representation. Return to Presentation

Return to Presentation Nice Try! A district can be identified with Significant Disproportionality because of educational settings or suspension/expulsion and not have disproportionate representation. Return to Presentation

Correct! Significant Disproportionality looks at the identification, educational environments and discipline of students with disabilities. NEXT Question

Wrong! Significant Disproportionality looks at the identification, educational environments and discipline of students with disabilities. NEXT Question

Great Job! Indicator 4b is a compliance indicator. Return to Presentation

Nice Try! Indicator 4b is a compliance indicator. Return to Presentation

Correct! SPP represents State Performance Plan Return to Presentation

Wrong! SPP represents State Performance Plan Return to Presentation

Indicators 4a and 4b refer to suspensions and expulsions. Great Job! Indicators 4a and 4b refer to suspensions and expulsions. NEXT Question

Indicators 4a and 4b refer to suspensions and expulsions. Nice Try! Indicators 4a and 4b refer to suspensions and expulsions. NEXT Question

Super Job! CEIS is a federal requirement for districts identified with Significant Disproportionality. Return to Presentation

Sorry! CEIS is a federal requirement for districts identified with Significant Disproportionality. Return to Presentation