COMMONWEALTH
OF VIRGINIA
DEPARTMENT
OF EDUCATION
P.O.
BOX 2120
RICHMOND,
VIRGINIA 23218-2120
SUPTS. MEMO NO. 166
December 6, 2002
INFORMATIONAL
|
TO: |
Division Superintendents |
|
FROM: |
Jo Lynne DeMary Superintendent of Public Instruction |
|
SUBJECT: |
Disproportionate Representation Relative to Race For
Students with Disabilities |
The Individuals with Disabilities Education Act (IDEA)
Reauthorization of 1997, directs states to "provide for the collection and
examination of data to determine if significant disproportionality based on
race is occurring" in identifying children with disabilities, including
the identification of children with a particular impairment as defined by
federal and state definition. States are
also required to "provide for the collection and examination of data to
determine if significant disproportionality based on race is occurring"
with respect to the placement in particular educational settings of children
with disabilities. To meet this requirement,
the Virginia Department of Education has analyzed data collected from the
December 1, 2000, Special Education Child Count, and by this memo notifies all
school divisions of the results of this analysis.[1]
The attached materials should not be considered a notice or
determination of significant disproportionate representation. Rather, the attached materials are the first
step in a process of state and local review and analysis of data that could
ultimately result in a determination of significant disproportionate
representation. Please review these
attachments to detect trends or signals that could indicate there could be a
problem. Look at your school division’s
data and make your own analysis. Totals
for all race categories are provided, but focus of the analysis is on
African-American (black) representation and the disability category of Mental
Retardation.
Where a signal of possible significant disproportionality is
present, the department may provide for the review of a school division’s
policies, procedures, and practices used in the identification and placement of
students with disabilities to ensure that such policies, procedures, and
practices comply with the requirements of IDEA.
The department recognizes that, as a
matter of law and good educational practice, many individual factors and
procedural safeguards are involved in the identification and placement of
students with disabilities. The
department also recognizes that there are many factors involved in gathering
and reviewing data. Caution should be
applied before reaching any conclusions about the data in these
attachments. In the absence of any
federal definition of "significant disproportionate" representation,
the department has chosen the following process for gathering and reviewing
data on students with disabilities relative to race.
The department’s first step was to
identify school divisions whose percentage of black students is less than 5
percent of their general school age population and the raw number of black
students enrolled in special education is less than 100. These divisions are not included in the
analysis if both of these conditions are met.
If the raw number of black students enrolled in special education is 100
or more, these divisions were included in the review.
In signaling whether possible significant
disproportionality might exist relative to the identification of students with
disabilities, the department determined the percentage of each race category in
the general school age population and applied the same percentage to the
population of students with disabilities.
This percentage is then used to generate an expected number of students
in each race category in the population of students with disabilities. A tolerance range of 20 percent is then
applied to this expected number.
Possible significant disproportionality was signaled where, after the 20
percent tolerance factor was applied, the adjusted number of students still
exceeded the expected number of students in each race category. (See one-page attachment titled: Disproportionality Test, tolerance
percentage used 20%). The same calculation was used to signal a possible
significant disproportionality in individual disability categories. (See three-page attachment titled:
Disproportionality Test by Ethnicity by Disability based on Fall
Membership). This calculation has been
recognized by the U.S. Department of Education’s Office of Special Education
Programs (OSEP) as appropriate for states to use.
In signaling possible significant
disproportionality relative to placement of students with disabilities, the
department compared the percent of time white students with mental retardation
receive special education to the percent of time black students with mental
retardation receive special education.
Possible significant disproportionality was flagged if black students
with mental retardation spent more time in special education programs than
white students with mental retardation.
(See two-page attachment titled:
Percentage of Special Education by Disability, by Race, by Placement).
Data for your school division are attached for all three
possible disproportionate types. A
signal of “not within criteria” is given for areas where you should analyze the
data. If your division has possible
significant disproportionality signaled in one or more of the three areas
described above, please examine the data, review your local policies related to
referral, identification, evaluation and placement and determine why the totals
exceed the expected number of students in the race categories, the disability
categories, or the placement categories indicated.
The department suggests that school divisions address this
issue in the context of student achievement.
Providing special education services is one way to address needs of
students who have problems in school because of their disability. If an analysis of your data shows that
provision of special education was questionable as the most appropriate
intervention for certain students, school divisions can examine system
practices for providing appropriate instructional interventions in the general
education setting. Even though you are
addressing data on students with disabilities, it is anticipated that general
education staff will be involved in the plan for addressing the resolution for
any possible disproportionate situations.
The department will make technical assistance and personnel
development information, including cultural competence training, available to
school divisions. In the near future,
the department will identify the steps school divisions should take in
addressing areas of disproportionate representation.
If you have any questions on this matter, please contact
Paul J. Raskopf at 804-225-2080, or at praskopf@mail.vak12ed.edu.
JLD/pjr
Attachments