1. Implications of the new federal requirements for schools. February 2009 Kansas State Department of Education

2.  Background  Summary of changes  The major issues  Record retention requirement  Data System changes  Timeline  Tools and assistance

3.  OMB – Federal Register Notice (Oct 1997)  EEOC – Federal Register Notice ( Nov 2005)  ED Draft – Federal Register Announcement (Aug 7, 2006) ◦ Public Comments Due to U.S.ED (Sept 21, 2006)  ED Final – Federal Register Notice, Vol. 72, No. 202; 10.19.2007 (Oct 18, 2007)

4.  Affects all reporting for both student and staff data  Outlines the process districts use for collecting racial and ethnic data  Revises specifications of racial categories  Requires either self-identification or observer identification  Specifies record retention requirements  Revises KSDE federal reporting requirements

5. Q:When must this be implemented by districts/schools? A:A two-part question – both parts of which must be answered – must be implemented for fall 2009 enrollments.

6.  Re-identification  Two-Part question  Observer identification

7.  Districts are strongly encouraged to allow all students and staff to re-identify race and ethnicity. ◦ Allows all students and staff to have the same opportunity to respond to the ethnicity and race questions. ◦ Promotes data consistency and comparability within schools, districts, and states.

8. Represents additional work for schools – requires planning, preparation and communication. ◦ How?  Notice sent to parents and staff members  Request response by specific date or information will be assigned  School must set policy to handle non-respondents  Follow-up calls/contact  Use current data  Race & Ethnicity assigned by school official ◦ When?  State recommends re-identification occur at the beginning of the school year for returning students.

9.  www.ksde.org ◦ Race / Ethnicity Data Regulation Changes (on left hand side of home page)  Brochure  FAQs  NCES Forum - Race & Ethnicity Guidance  Sample Enrollment Form  Sample Letter to Parents  Sample Letter to Staff  Suggestions for Conducting Observer Identification  Race/Ethnicity Federal Requirements Power Point  Training Dates

10. Districts must collect data via a 2-part question format (respondents answer BOTH parts): PART A: Are you Hispanic/Latino or of Spanish origin? PART B: Select one or more races from the following racial groups:  American Indian or Alaska Native  Asian  Black or African American  Native Hawaiian or Other Pacific Islander  White

11. Q:Are Hispanic respondents likely to skip the second part of the question? A:In the past, Hispanic has often been treated as though it were equivalent to race. Because of this, many Hispanics may answer the first question and feel they need not answer the second. But the federal regulations require that both questions be answered for all students and staff. In order to encourage Hispanic parents to answer both parts, you might want to add an explanatory sentence between Part A and Part B of the question.

12. Note: Both Part A and Part B of the question must be answered. Part A: Is this student Hispanic/Latino? (Choose only one)  No, not Hispanic/Latino  Yes, Hispanic/Latino A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The above question is about ethnicity, not race or ancestry. No matter what you selected above, please answer the question below by marking one or more boxes to indicate your student’s race or races. Part B: What is the student’s race? (Choose one or more)  American Indian or Alaska Native A person having origins in any of the original peoples of North America, including Mexico, South America, and Central America, and who maintains tribal affiliation or community attachment.  Asian A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including the peoples of Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.  Black or African American A person having origins in any of the black racial groups of Africa.  Native Hawaiian or Other Pacific Islander A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.  White A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Two-Part Question: Example 1

13.  Regulations do not prohibit districts from expanding a racial category for their own purposes.  However the data must be collapsed back into the single racial category before reporting to KIDS. This would result in additional work for the district.

14. Two-Part Question: Example 2 Part B: What is the student’s race? (Choose one or more)  American Indian or Alaska Native A person having origins in any of the original peoples of North America, including Mexico, South America, and Central America, and who maintains tribal affiliation or community attachment. Examples: Azteca, Zapotec, Maya, Nahua, Aymara, Kichwa, Lakota, Navajo, Guarani.  Asian A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including the peoples of Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.  Black or African American A person having origins in any of the black racial groups of Africa.  Native Hawaiian or Other Pacific Islander A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.  White A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Examples: Middle Eastern A person having origins in any of the original peoples of Egypt, Israel, Iraq, Jordan, Lebanon, Palestine, Syria, or Turkey. Spanish A person having origins in any of the peoples of Spain. Examples added to Part B to help respondents:

15.  Regulations do not mandate how an individual should answer the question ◦ Some may answer based on the race and ethnicity with which they most comfortably identify. ◦ Some may answer based on their ancestry.

16. Q:Is it OK to help a student or parent decide how to classify him- or herself? A:No. Observers should not tell a student, a parent, or a staff member how to answer these questions. When asked, simply restate the question, explaining the definition within a race or ethnicity category.

17. Q:Can we still include a category for those who refuse to self-identify? A:No. An alternative such as “some other race”, “race unknown”, or “refused to identify” is no longer an option.

18. Q:What should we do if we believe that a student or a staff member is of a different race or ethnicity than he/she claims to be? A:The school/district must accept an individual’s self-identification of his or her race and ethnicity. Self-identification is a basic principle underlying these changes. Note: It is suggested that at the elementary and secondary level the race/ethnicity identification is made primarily by parents or guardians.

19. Self-identification:  Students (or parents on students’ behalf) must always be encouraged to self-identify. ◦ Most consistent and accurate mode of racial and ethnic data collection. ◦ Method most socially acceptable and respectful of individual privacy and dignity (1997 OMB Standards). ◦ Allows individual to assert his/her own racial and ethnic identity.

20. Self-identification:  Regulations indicate that identification of a student’s racial and ethnic categories is to be made primarily by the parents or guardians.  If a parent refuses but the student volunteers to self-identify, that data should be used.

21. Self-identification vs. Observer- identification Observer identification:  Should be used only as a last resort.  Used when a student/parent or staff member refuses to self-identify.  May not yield data as accurate as self- identification.  Places additional burden on school and district.

22. Observer identification:  District policy should indicate steps to be taken before observer-identification is used. Steps may include such things as: ◦ Review enrollment form with parent at registration. ◦ Send second letter or make phone call to follow-up with parent. ◦ Let parent/student know that district is required to provide information to state and so observer identification will be used if they refuse to self- identify. ◦ Let parent/student know that district will maintain confidentiality of individual race and ethnicity records.

23. Observer identification:  One administrator per school should be designated to observe on student’s/staff member’s behalf. ◦ This improves the consistency of the data collection process. ◦ If an individual is dissatisfied with the process, this avoids confusion and identifies authority.

24. Observer identification:  There is no federal requirement to flag the record if observer identification was used  Districts may choose to maintain this information for their own purposes. Self-identification vs. Observer- identification

25.  Observer should not tell student/parent or staff member how to respond.  Observer should stay within his/her comfort zone, making the best judgment possible.  It is important to be consistent and make judgments objectively.  Observer may use prior record, sibling information, or first-hand knowledge of country of birth, if available.

26.  For distance education it may not be feasible for the Observer to visually observe the student or personally visit the parents. ◦ If all techniques for collecting the data have failed, and prior records and other background information previously noted is not available, the observer may choose to default to the most dominant racial category for the district.

27.  Districts must maintain information as it was collected using the 2-part question, for a minimum of 3 years.  Best practice is to maintain the original paper record at the location where it was received (school or district).  Although KSDE electronically archives data submitted by the district, that does not meet the requirement to maintain the information as it was collected.

28.  SIS Vendors must modify their software ◦ For recording the data collected during enrollment ◦ For reporting to KIDS  KSDE has held several conference calls with SIS vendors ensuring they are aware of the change.  The last SIS vendor call focused on Race- Ethnicity collection was on 2/11/2009.

29.  Since this is a federal mandate, the SIS vendor should not charge your district for making the changes.  Vendors should provide you with their implementation calendars, taking into consideration the current data collection schedule. ◦ Remember that all data (including race-ethnicity) submitted to KIDS this year must be based on the 2008- 2009 file specifications. ◦ Students enrolling now for the 2009-2010 school year must respond to the 2-part question for race and ethnicity data; data submitted to KIDS for enrollment must be based on the 2009-2010 file specifications.

30. Q:How do we find out if our SIS vendor has been in contact with KSDE about the changes needed as a result of the new race/ethnicity regulations? A:The minutes, including attendees, of each meeting are posted on the KIDS web site: www.ksde.org/kids, vendor tab

31.  Currently KSDE’s KIDS collection includes ◦ D13 Primary Race / Ethnicity ◦ D31 Comprehensive Race / Ethnicity  KIDS 2009-2010 collection will include ◦ D13 Hispanic Ethnicity ◦ D31 Comprehensive Race

32. The changes are as follows: Data System Changes - KIDS Current (2008-2009) D13 Primary Race/Ethnicity 0=Refused to Designate 1=American Indian 2=Asian 3=Black or African American 4=Native Hawaiian or Other Pacific Islander 5=White Planned (2009-2010) D13 Hispanic Ethnicity Y=Hispanic/Latino or Spanish origin N=NOT Hispanic/Latino or Spanish origin

33. The changes are as follows: Data System Changes - KIDS Current (2008-2009) D31 Comprehensive Race/Ethnicity Position 6-Hispanic or Latino Position 5-White Position 4-Native Hawaiian/Other Pacific Islander Position 3-Black or African American Position 2-Asian Position 1-American Indian or Alaska Native Planned (2009-2010) D31 Comprehensive Race Position 5-White Position 4-Native Hawaiian/Other Pacific Islander Position 3-Black or African American Position 2-Asian Position 1-American Indian or Alaska Native

34.  Other student level data collections (CaTE, Migrant, SPED) will either be modified per the new federal requirements, or will be integrated to use Ethnicity and Race as collected by KIDS.  Staff Ethnicity and Race data will continue to be collected via the Licensed Personnel Report (LPR) and will be modified per the new federal guidance.

35.  The federal regulations require that KSDE reports counts in seven categories: ◦ Hispanic/Latino of any race, and for individuals who are non-Hispanic/Latino only: ◦ American Indian or Alaska native ◦ Asian ◦ Black or African American ◦ Native Hawaiian or Other Pacific Islander ◦ White ◦ Two or more races  Individuals included in Hispanic/Latino cannot be included in any other category  Students will be included in exactly one of the seven categories above for federal reporting.

36.  KSDE is required to report student and staff data in aggregate to the federal government and to the public.  This reporting includes counts of individuals in the racial and ethnic categories.

37.  KSDE reporting and disaggregations for Report Card, AYP, and other trend data will use the new ethnicity and race data starting with the 2009-2010 SY data that is displayed on the Report Card in October 2010.  Possible implications for this reporting are being considered by KSDE to determine if any action is required.

38.  Winter 2008/Spring 2009: Districts should modify enrollment forms to collect race/ethnicity based on new regulations.  Spring/Summer 2009: SIS vendors should modify their software to accommodate and report based upon the new requirements.  Fall 2009 ◦ District enrollment for 2009-2010 SY should implement the 2-part question. It is strongly encouraged that districts allow all students and staff to re-identify. ◦ KIDS data submissions (ENRL, TEST, EXIT, TITL, EOYA) will be based on new federal regulations.  Spring 2010: Report Card, assessments, and AYP disaggregations and trends may be affected by this guidance. KSDE is currently working to determine the details.

39.  On website (KSDE home page at www.ksde.org, left hand side under Race/Ethnicity Regulation Changes):  Brochure  Commissioner’s letter  FAQ sheet  Sample Enrollment Form  Sample Letter to Staff  Sample Letter to Parents  NCES Forum Race-Ethnicity Guidance  Suggestions for Conducting Observer Identification  Schedule of training sessions  Race-Ethnicity Federal Requirement s PowerPoint  LiveMeeting training sessions  KSDE on-site training sessions

40.  Questions can also be emailed to race-ethnicity@ksde.org