Technical Assistance for Part B, Indicators 9 and 10

Data Analysis:

1. Has the State examined its data to include all races and ethnicities?
2. Has the State examined its data, at a minimum, for the six high incidence disability categories?
3. What patterns are found in the State’s disproportionality data by:
   • Disability category?
   • Race/ethnicity?
   • Type of LEA (urban, suburban, rural)?
4. Has the State examined noncompliant district data for disproportionality relative to other indicators such as 4A (discipline), 5 (LRE), etc. to determine if there is a relationship?
5. Has the State determined an appropriate minimum “n” size when analyzing its disproportionality data? Or, is the State analyzing data for each district, for all racial/ethnic groups in the district?
6. Has the State examined its data for both overrepresentation and underrepresentation?
7. Has the State identified its process for determining if disproportionate representation is the result of inappropriate identification?

Monitoring:

1. Has the State examined and, as needed, instructed districts to revise policies, procedures, and practices?
2. If policies and procedures are compliant, is there a focus on district-level practices?
3. Has the State identified the contributing factors that may lead to inappropriate identification?
4. Has the State determined if the noncompliance that results from inappropriate identification is localized or systemic?
5. If the noncompliance is systemic, has the State done State-wide technical assistance?
6. If the noncompliance is localized, has the State taken specific action with the noncompliant locals?
7. Has the State demonstrated timely correction of previously identified noncompliance?
8. Where continuing noncompliance, can the State document the enforcement actions taken?

Improvement Efforts:

1. Are district plans to address disproportionality in special education inclusive of regular education?
2. Has the State implemented strategies that are aligned with the contributing factors to inappropriate identification?
3. Has the State evaluated the effect of any training it provided?
4. What effects have previous State interventions had on disproportionate representation?
5. Is there State implementation of Response to Intervention (RTI)?
6. While not required for Indicators 9 & 10, are there State policies/procedures in place regarding early intervening services?
7. What pre-referral interventions are in place?
8. What are the greatest needs in addressing disproportionality?
9. What resources are needed to support this work?

 

Original Word Document

• Underrepresentation in Special Education Guidance Document (Posted 11.09)
• OSEP Policy Memorandum (07-09): Disproportionality of Racial and Ethnic Groups in Special Education – contains guidance of the requirements related to 34 CFR §300.600(d)(3) for disproportionate representation followed by a discussion of the requirements of 34 CFR §300.646 relating to significant disproportionality. 
• Disproportionate Representation: Discussion of SPP/APR Response Table Language - provides a range of scenarios that relate to the requirements of both disproportionate representation and significant disproportionality.
• Frequently Asked Questions and Answers on Underrepresentation and Disproportionality– FAQs developed by OSEP to clarify the collection and reporting of data related to underrepresentation.
  • Additional Questions
• Side-by-Side: Disproportionate Representation and Significant Disproportionality – highlights the key differences between disproportionate representation for Indicators 9 & 10 and significant disproportionality.
• Methods for Assessing Racial/Ethnic Disproportionality in Special Education: A Technical Assistance Guide, July 2007, Westat (PDF)

• The Regional Resource Centers (RRCs) - these centers offer consultation, information services, technical assistance, training, and product development.
• The Response to Intervention (RTI) Center - provides sound information about evidenced-based tools, practices, and implementation strategies to States and districts implementing RTI.
• The National Center for Culturally Responsive Educational Systems (NCCRESt) - The project targeted improvements in culturally responsive practices, early intervention, literacy, and positive behavioral supports. (NCCRESt Resources: Briefs Tools)
• The Regional Comprehensive Centers - these centers help increase state capacity to assist districts and schools meet their student achievement goals.
• The Equity Assistance Centers - these centers are authorized to provide technical assistance to the States, school districts, and schools of regions across the nation.