1. Disproportionality: Tier Two Monitoring Activities

2. Regulations and Reasons
The Individuals with Disabilities Education Act (IDEA) in 2004 requires States to:
Require policies and procedures to prevent inappropriate over identification or disproportionate representation by race/ethnicity as children with disabilities [34 CFR ] [20 U.S.C. 1412(a)(24)]
Collect and examine data regarding disproportionality based on race/ethnicity, disability category, least restrictive environment, and the incidence, duration, and type of disciplinary actions [34 CFR (a)] [20 U.S.C. 1418(d)(1)]
Establish requirements for review and revision of policies, practices, and procedures [34 CFR (b)] [20 U.S.C. 1418(d)(2)]
Disaggregate suspension/expulsion data by race/ethnicity [34CFR (a)] [20 U.S.C. 1412(a)(22)(A)]
Monitor LEA’s to examine disproportionality [34CFR (d)(3)][20U.S.C. 1416(a)(3)(C)]
Why is it important to analyze Disproportionate Representation data?
The disproportionate representation process is intended to determine why some student groups are identified for special education and related services more than others.

3. Introductions and Purpose
To Analyze Policy, Practices and Procedures in Relationship to Disproportionality
To Support Targeted Districts and LEAs in Identifying Critical Steps That Would Assist in Improving Disproportionate Outcomes

4. Tier Two General Procedures: Disproportionality Discipline 4-A (% of Suspension/Expulsion Data: Special Education Students vs. General Education Students)
ADE-SEU randomly selects students with 10 or more days Out of School Suspension
LEA uploads the following information to MySped ADE-SEU
Review of Manifestation Determination (MD)
Review of Functional Behavioral Assessment (FBA)
Review of Behavior Intervention Plan (BIP)
Individual Education Plan (IEP)
District Discipline Policies/Handbooks can be ed to if not posted on the District Webpage
ADE-SEU will review all information submitted by the district.

5. Tier Two Indicator Disproportionality 4-B (% of Suspension/Expulsion of Special Education Students vs. General Education Students by Race)
ADE-SEU randomly selects students with 10 or more days out of School Suspension and/or Expulsions from the racial group with overrepresentation. Student names given to LEAs
LEA uploads the following information to MySped ADE-SEU
Review of Manifestation Determination (MD)
Review of Functional Behavioral Assessment (FBA)
Review of Behavior Intervention Plan (BIP)
Individual Education Plan (IEP)
District Discipline Policies/Handbooks can be ed to if not posted on the District Webpage
ADE-SEU will review all information submitted by the district.

6. Tier Two Indicator Disproportionality 9 (% of special education students with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification)
ADE-SEU randomly selects students from disability groups with overrepresentation.
LEA uploads the following information:
Referral Information
Evaluation Reports
EDR/EPC
District Practices and Policies for Identification will be ed to
Student Folder Checklist and review of district information will be completed by ADE-SEU

7. Tier Two Indicator 10 (the % of special education students of racial and ethnic groups in specific disability categories that could be the result of inappropriate identification)
ADE-SEU randomly selects students from disability groups and race with overrepresentation.
LEA uploads the following information:
Referral Information
Evaluation Reports
EDR/EPC
District Practices and Policies for Identification will be ed to
Student Folder Checklist and review of district information will be completed by ADE-SEU

8. Directions to Upload to MySped
Directions for Uploading Information to MySped Resource

9. Next Steps ADE-SEU
ADE-SEU will review all uploaded information and ask for additional information if needed.
If compliant practices are verified, a letter will be sent to Superintendent and LEA
If non-compliance is indicated, LEA will have 90 days to:
correct at student level including additional evidence;
develop or revise policies, practices, and procedures; and
provide training for district staff
If district does not clear non-compliance, district with assistance from ADE-SEU will develop a Corrective Action Plan
Letter will be sent to Superintendent and LEA
If district clears non-compliance

10. Timelines for Tier-2 Disproportionality
April 12, 2016: Letters mailed to Superintendent and LEA stating that district has had disproportionate representation for 2 or more years.
October 3, 2016: ADE-SEU ZOOM with 5 Districts
October 3, 2016: ADE-SEU Folder Selection sent to LEA.
October 17, 2016: LEA uploads requested information to MySped
November 21, 2016: Results of folder reviews provided to District Superintendent and LEA (Student Folder Checklist Yes/ No report) and request for additional pulls if necessary
February 20, 2016: District has 90 days to correct any findings and submit to ADE-SEU.