Disproportionality Overview
Dan Reschly
Vanderbilt University
615-708-7910
March 6-7, 2013
Sponsored by the Iowa Department of Education
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Vandy is#1 in Special Education
25 Consecutive
Losing Seasons??
But8-4 in2012
Vanderbilt Is NOT AFootball Power
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Reschly, D. J. (2009). Prevention of Disproportionate Special Education Representation Using Response to Intervention. Washington DC: Learning Point Associates. http://www.tqsource.org/forum/documents/TQ_Issue_Paper_RTI_Disproportionality.pdf
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What is the Problem?? Examples
• In US, 15% of the student population is black, but 65% of the students in the category of MR/ID are black. Similar in Iowa
• Discipline outcomes of suspension and expulsion are disproportionately minority, particularly black, Hispanic, and American Indian. Similar in Iowa.
• Is this a problem? If so, Why?
• What are the causes of this problem?
• What can be done about it?
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Is this a problem? Why?
• Comments1.
2.
3.
4.
5.
6.
7.
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Solutions to Significant Disproportionality
• Understanding current legal requirements
• Prevention, especially improving reading– ~55% of 4th grade black students read below
basic; inexcusable! Teach Reading and Math effectively!!
• Eligibility determination procedures and decision making– Focus on RTI and needs, consider
alternatives to sp ed– Implement rigorous identification criteria
• Intensive interventions and special education exit for ~20% to 40% Implement RTI in sp ed– Torgesen et al. studies
Overview
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Irony of Disproportionate Representation
• Special Education for SWD with Mild Disabilities (LD, Mild MR, ED)• Individualized educational programs with related services as
needed, based on individual evaluation
• Significantly greater expenditures
• Greater parent involvement
• Mandated annual review
• Procedural safeguards
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Irony of Disproportionate Representation cont.
• Why is disproportionate representation unacceptable?
• Overrepresentation per se? Consider Head Start and Title I
• Assumptions about special education• Stigma• Poor outcomes• Limited curriculum and career options• Often segregated programs (Mild MR & ED)
• Differences in sp ed: Suburbs vs Cities
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Constructive Policies and Practices Based On
• Understanding legal requirements
• Appropriate statistical analyses
• Reasonable criteria to define “significant disproportionality”
• Prevention in general education
• Early identification-Early intervention
• Non-discrimination in evaluation and placement
• Ensuring special education effectiveness
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Part I: Public Policy Trends and Legal Requirements
• Trend toward reduced tolerance of differential results (NCLB, IDEA)• Reporting by group• Demands for improvement
• Trend toward fairness defined as equal results
• Legal requirements changed from process to results
• System change considerations
• Prevention, Early id/tmt, and sp ed exiting
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Reschly Interpretation: Centrality of Outcomes:
•Judge Peckham commenting on the 1979 Trial Opinion ban on IQ tests,
“… clearly limited to the use of IQ tests in the assessment and placement of African-American students in dead end programs such as MMR.” (Crawford and Larry P., 1992, p. 15).
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Reschly Interpretation: Centrality of Outcomes:
“ Despite the Defendants’ attempts to characterize the court’s 1979 order as a referendum on the discriminatory nature of IQ testing, this court’s review of the decision reveals that the decision was largely concerned with the harm to African-American children resulting from improper placement in dead-end educational programs.” (Crawford and Larry P., 1992, p.23).”
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Traditional EHA/IDEA Legal Requirements re: Nondiscrimination
Process
• §300.304 Assessments and other evaluation materials used to assess a child under this part—
• (i) Are selected and administered so as not to be discriminatory on a racial or cultural basis;
• Plus extensive additional requirements in the Evaluations and Re-evaluations section
• Process focus
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Problems with Non-discrimination Regulations 1975 to 1997, 2004
• No definition of discrimination
• Focus on assessment procedures (less on decision making)
• Assumption that non-discrimination can be prevented through reforms in assessment, classification, and placement
• Attempted to resolve group representation issues through individual mechanisms
• Improved assessment for all, but little overall effect on minority over-representation
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Disproportionality IDEA 2004, 2006
• §300.173 Overidentification and disproportionality.
• The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in §300.8.
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IDEA 2004, 2006 re: 34 CFR 300.646 Disproportionality
(a) General. Each State …… shall provide for the collection and examination of data to determine if significant disproportionality based on race is occurring in the State ……‑
• (1) The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in section 602(3) of the Act; and THAT IS, CATEGORY
• (2) The placement in particular educational settings of these children. THAT IS, LRE Profile
• (3) Incidence, duration, and type of disciplinary actions, including suspension and expulsion
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Disproportionality By Category
• 13 Categories of Disability at 34 C.F.R. 300.8
• Greatest concern about MR, ED, LD, OHI, and Sp/L
• Significant disproportionality triggers policies and procedures reviews
• Disciplinary outcomes: suspension and expulsion
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Disproportionality by LRE Option
• Official Federal Placement Options re: Time Outside General Education• ≤20 % Full-time General Education• 21% to 60% Part-time Special Education• >60% Full-time Special Education• Public or Private Separate Setting• Public or Private Residential• Home or Hospital
• Expect scrutiny of placement option representation in future
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IDEA 2004, 2006 re: 34 CFR 300.646 Disproportionality, cont.
• (b) Review and revision of policies, practices, and procedures. In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children,….., the State ….. shall provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement to ensure that the policies, procedures, and practices comply with the requirements of Part B of the Act.
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IDEA 2004, 2006 re: 34 CFR 300.646 Disproportionality, cont.
• Require any LEA identified under Section 618(d)(1) to reserve the maximum amount of funds under Section 613(f) to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly children in those groups that were significantly overidentified under Section 618(d)(1); and
• Require the LEA to publicly report on the revision of policies, practices, and procedures described under Section 618(d)(1)(A).
• Focused monitoring---Disproportionality listed as one of a small number of areas
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Early Intervening Services
• § 300.226 Early intervening services.• LEA can use 15% of federal IDEA funds to
support prevention and early identification-treatment
• Purpose: minimize over-identification and unnecessary sp ed referrals
• Provide academic and behavioral supports• Supports professional development and provision
of interventions including early literacy instruction• Significant Disproportionality? Must spend 15% of
the IDEA monies
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Context
Accountability generally Sea Change in Special Education (Major
Transformation) Expectations that current results will improve OSEP compliance monitoring of states focused on
20 outcome indicators Increasing, state education agency monitoring of
local districts focused on the 20 outcome indicators
Increased emphasis on students with disabilities (SWD) performance in the general education curriculum
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State Performance Indicators 20 Performance Indicators
Disseminated to States - Summer, 2006 First state rankings in 2007 Current state rankings available at http://www.ed.gov/policy/speced/guid/idea/monitor/factsheet-2009.docState rankings are controversial, but highly
“motivating” to states and districtshttp://www2.ed.gov/fund/data/report/idea/sppapr.htmlPart B IA “needs assistance-one yearPart C IA “meets requirements”
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Evidence on Special Education Priorities
OSEP Outcome IndicatorsAnnual Reports by SEAs to OSEP Initial publication of State Results in June
2007
State Personnel Development GrantsLong standing OSEP grant program to
statesCompetitive grantsSEA must base grant proposal on broad
assessment of state needs over multiple constituencies
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Summary: Legal Requirements
• Nondiscrimination in eligibility determination and placement still required (see Evaluation and Re-evaluation at 34 CFR 300.301 to 34 CFR 300.311
• Added requirements regarding results (consistent with results focus of NCLB)
• Applications to both category and placement option (≤20%, 21%-60%, >60%, etc.), and disciplinary actions
• Emphasis on prevention and early id/early tmt
• Mandatory revision of policies and procedures if significant disproportionality exists
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Part II: Does Iowa Have Significant Disproportionality??
• Over- and Under-representation?• Is under-representation important?
• What areas are relevant?• Special Education Total and Category• Special Education Placement Option• Suspension and Expulsion in general and
special education
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Part II: Does Iowa Have Significant Disproportionality??
• What statistical analysis?
• What criteria• Numerical guidelines?• Criteria varying by context?• Improvement criteria?
• Revisions in policies and practices?
What WOULD CONSTITUTE OVERREPRESENTATION IN YOUR
OPINION
• Factor of 1.5 or 1.5 times rate for other groups?
• Factor of 2.0 or 2 times rate for other groups
• Factor of 2.5
• Factor of 3.0
• How much is too much?
• What statistic?
What Level is Too Much?
• Discussion:
Disproportionality Example
• Estimate the percent of African American students in the US that are in special education (all categories) age 5-17?– 5%– 15%– 30%– 50%– 70%
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National Representation Statistics
• 15% of the US student population was African-American
• 33% of MR/ID students in special education in the USA were African American
• What percent of African-American students were classified as MR and placed in special education?
a. 1% b. 3% c. 10% d. 25% e. 35% f. 50%
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National Representation Statistics
• 15% of the US student population was African-American
• 29% of E/BD students in special education in the USA were African American
• What percent of African-American students were classified as MR and placed in special education?
a. 1% b. 3% c. 10% d. 25% e. 35% f. 50%
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What Statistic for Disproportionality?
• Risk: Percent of total group in sp ed category • 100 white in MR out of 2000 white students in
the student population, 100÷2000=5%• Risk=5%
• Composition: Percent of sp ed category by each group• Total of 150 students in MR• White composition of MR, 100 ÷ 150=67%
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Illustration of Risk and Composition
• Consider gender and teaching
• Composition of educators by gender is heavily female, >80%
• “Risk” of being an educator for women is <1%
• Likewise with racial/ethnic group and special education representation• Composition sometimes appears large• Risk is relatively small
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Comparing Risk Statistics Across Groups
• Relative Risk, ratio of two risk indices
• Useful for determining the severity of disproportionality
• Two methods• Risk of minority group to risk of white group• Risk of each group compared to the combined
risk of the other groups
• See calculation exercises
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Disproportionality Impressions
• Composition: African students constitute 15% of the US student population, but 33% of the US MR/ID population is African American.
• Risk: Approximately 1.7% of African American students are classified as MR/ID. The rate for white students is 0.6%, for all students=0.77%
• The relative risk for MR/ID for African American students compared to all other students is about 2.75 times, that is nearly three times more likely to be in MR/ID than other students
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Disproportionality Impressions
• Composition: African students constitute 15% of the US student population, but 29% of the US MR/ID population is African American.
• Risk: Approximately 1.33% of African American students are classified as E/BD. The rate for white students is 0.65%, for all students=0.69%
• The relative risk for MR/ID for African American students compared to all other students is 2.28, that is, over twice more likely to be in E/BD than other students
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Advantages/Disadvantages of Risk Statistics
• Accurate impressions of the actual proportions of minority students in sp ed
• Directly comparable across groups
• Equally useful regardless of whether the minority group is a large or small proportion of the overall population
• Used in determining relative risk index
• “Minimizes” the problem according to some41Reschly Disproportionality
Advantages/Disadvantages of Composition Statistics
• Dramatizes the problem, draws attention
• Cannot be compared directly across groups
• Always has to be interpreted in relation to population composition
• Usually misinterpreted, producing widespread distortions and confusion about sp ed disproportionality
• Supports stereotypes of minority children, suggesting that a high proportion or even a majority have disabilities and are in sp ed
• Media favorite
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N Risk Rel Risk
Am/Ind 91,492 14.3% 1.6
A-PI 131,099 4.7% 0.5
Black 1,231,922 12.4% 1.5
Hispanic 1,034,137 8.5% 0.9
White 3,498,007 8.6% 0.9
Total 5,986,657 9.1%
Risk and Relative Risk All Disabilities Age 6-212006-2007 Year
N is the number of students with disabilities age 6-21The denominator is the estimated total population age 6-21
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High Incidence = Speech/language, SLD, MR and ED
Low Incidence = The remaining 9 IDEA categories
Disproportionality Occurs In High Incidence Disabilities
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Problem Categories: MR/id
Composition: 33% of Students in MR are African American vs. 15% of the overall student population is African-American
Risk: 1.7%% of African Americans are in MR/ID vs. 0.77% of white students;
Relative Risk: Rate for Af-Am is 2.75 times higher than the overall rate for other students.
No other groups are overrepresented in MR/ID at relative risk of >2.0
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Problem Categories: ED
Composition: 29% of Students with E/BD are African American vs. 15% Af Am in general student population
Risk: 1.33% of African-American Students are in ED vs. 0.69% of White Students
Relative Risk Ratio: Af-Am rate is 2.28 times the rate for other groups of students
No other group overrepresented in E/BD at a relative risk of >2.0
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Iowa Disproportionality
• AEAs with relative risks > 2.0
• Large district differences in special education enrollment: Waterloo and Burlington at >16%
• Discipline disparities
• Patterns of disproportionality in Iowa?
• Ellen Help
FEDERAL LAW REQUIRES:
• School districts to report student-related data by the new race and ethnicity protocols.
• Each district to survey parents/guardians to collect this information.
• Each district to use the new 2-part question format when surveying parents/guardians.
Beginning with the 2010-2011
school year, parents/guardians will be asked the
following two questions . . .
QUESTION 1• Is your child Hispanic/Latino?
• This question is about ethnicity, not race.
However, if “yes” is chosen, data for this student will be reported in the Hispanic/ Latino category.
• In addition to answering question 1, please answer question 2 by marking one or more boxes to indicate what you consider your student’s race to be.
QUESTION 2What is your child’s race?
(You may choose more than one)
American Indian or Alaska NativeAsian
Black or African American
Native Hawaiian or Other Pacific Islander
White
If “no” is chosen in response to question 1, and if more than one category is chosen in response to question 2, the data for this student will be reported in the multiracial/multiethnic category.
ETHNIC CODE CHOICES
Current Ethnic Codes:A – White
B – Black/African American
C – Asian/Pacific Islander
D – American Indian/Alaska Native
E – Hispanic/Latino
ETHNIC CODE CHOICES
New Ethnic Codes:A – White
B – Black or African American
C – Asian
D – American Indian/Alaska Native
E – Hispanic or Latino
P – Hawaiian or Other Pacific Islander
T – Multiracial/multiethnic
DEFINITIONS—FEDERAL REPORTING CATEGORIES
White A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
Black or African American A person having origins in any of the Black racial groups of Africa.
Asian A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
DEFINITIONS—FEDERAL REPORTING CATEGORIES
American Indian or Alaska Native A person having origins in any of the original peoples of North and South America (includiCentral America), and who maintains a tribal affiliation or community attachment.
Hispanic or Latino of any race A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
Native Hawaiian or Other Pacific Islander A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
Two or more races.
EXAMPLE 1:
Is your child Hispanic/Latino? NO
What is your child’s race? (You may choose more than one)
x American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Student will be reported as American Indian / Alaska Native
EXAMPLE 2:Is your child Hispanic/Latino? YES
What is your child’s race? (You may choose more than one)
x American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
**Student will be reported as Hispanic/Latino
EXAMPLE 3:Is your child Hispanic/Latino? YES
What is your child’s race? (You may choose more than one)
x American Indian or Alaska Native
Asian
x Black or African American
Native Hawaiian or Other Pacific Islander
White
**Student will be reported as Hispanic/Latino
EXAMPLE 4:
Is your child Hispanic/Latino? NO
What is your child’s race? (You may choose more than one)
American Indian or Alaska Native
x Asian
x Black or African American
Native Hawaiian or Other Pacific Islander
x White
**Student will be reported as Multiracial/multiethnic
EXAMPLE 5:Is your child Hispanic/Latino? (blank)
What is your child’s race? (You may choose more than one)
(blank) American Indian or Alaska Native
(blank) Asian
(blank) Black or African American
(blank) Native Hawaiian or Other Pacific Islander
(blank) White
**Observer identification by school personnel will be used to answer both questions
IMPLICATIONS OF CHANGES IN RACE/ETHNICITY POLICY?
• Prior results may change
• Example: CCSD annual analysis• Changes in population (denominator)
• Reduced white• Reduced Asian/Pacific Islander• Increased Hispanic• Reduced African-American• Increased Two or More race/ethnicities
Two years, large changes, not stable yet
Criteria for Significant Disproportionality
• No precise numerical guidelines (Grutter and Gratz Supreme Court Cases)
• Tenative Guidelines:• Relative Risk of (RR) 1.0 to 1.2 acceptable• RR of 1.2 to 1.5 moderate, questionable, more
study• RR of 1.5-2.0 Clearly significant• RR > 2.0 Highly significant, nearly certain
scrutiny62Reschly Disproportionality
IDEA on Meaning of Significant
IDEA Comments on Regulations (2006)
“With respect to the definition of significant disproportionality, each State has the discretion to define the term for the LEAs and for the State in general.”
See a technical assistance paper at:
http://www.ideadata.org/docs/Disproportionality%20Technical%20Assistance%20Guide.pdf
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Prevalence and Disproportionality in SEAs and LEAs
• Enormous variations across SEAs
• Enormous variations across LEAs within a state
• Variations are not easily explained
• Failures to explain prevalence variations in MR/ID and ED
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Disproportionality Conclusions
1. Disproportionality is an international issue2. Minority overrepresentation contributes
about 0.25% to national disability prevalence in the US, i.e., to “overidentification”
3. African-American overrepresentation a. MR affecting 2.6% of Af-Am.; 2.6 x b. ED affecting 1.6% of Af.-Am.; 1.6 x
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Disproportionality Conclusions cont.
4. Native Am. Indian overrepresentation of in SLD affecting 7.3%; 1.2 x
5. Little disproportionality in Other Sp Ed Categories
6. Hispanic Students Slightly Underrepresented Nationally
7. Asian Pacific Islander Students Markedly Underrepresented nationally
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Disproportionality Conclusions cont.
8. Varied Patterns for All Groups; Hispanic and Asian students overrepresented in some states and local schools
9. Minority students overrepresented in sp ed have > educational and behavioral needs than non-minority students at referral, placement, and re-evaluation
10. Changes in assessment and evaluation procedures did not affect disproportionality
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Part III: Causes of Disproportionality
• National Academy of Sciences/National Research Council Panel Report• http://www.nap.edu/catalog/10128.html
• Donovan, M. S., & Cross, C. T. (2002). Minority students in special and gifted education. Washington, DC: National Academy Press.
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Causes of Disproportionality
• Discussion: What are the causes of disproportionality?
• 1.
• 2.
• 3.
• 4.
• 5.
Causes of Overrepresentation
• Biological factors
• Social factors
• General education experiences
• Special education system
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Biological Bases-Yes• Poverty associated with greater
exposure to pre- and post-natal toxins (lead, alcohol, tobacco); more premature births, poorer health care, micronutrient deficiencies (iron) and poorer overall nutrition.
Do Biological Factors Contribute?
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Many More Black Children are Born at Low Birthweight
FIGURE 3-3 Percentage of infants born at low birthweight by race and Hispanicorigin, 1980-1998. Source: Centers for Disease Control and Prevention, NationalCenter for Health Statistics, National Vital Statistics System.
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Do Social Factors Contribute
• Social Bases-Yes• Less supportive environments for language and
cognitive development; poorer preparation for reading and academic achievement generally, less direct teaching
• Substantial Difference Exist at Kindergarten
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Disadvantaged Children Are Less Well Prepared for Schooling
• Percent first time kindergartners by print familiarity scores
Child's race/ethnicity White, non-Hispanic 14 45 Black, non-Hispanic 29 21 Asian 15 43 Hispanic 24 27 Hawaiian Native/Pacific Islander
30 23
American Indian/Alaska Native 38 17 More than one race, non-Hispanic
18 35
0 skills 3 skills
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Disadvantaged Children Are Less Well Prepared for Schooling
• Percent first time kindergartners. Teacher ratings of anti-social behavior.
Fight with OthersNever Often
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Special Needs Gifted
(At-Risk) (Main Population)
B A
FIGURE 3-2 Idealized representation depicting displacement ofsubgroups with regard to main population on any variable that isnormally distributed.
Main population with top and bottom2 percent identified
At-risk population identified using mainpopulation cut points
Role of Special Education Referral and Assessment
• Complex Evidence-No Clear Conclusions• Simulations Suggest Teacher Biases• Studies of Referred Students
– Minority students, especially Black students, have greater needs compared to other students
• Studies of Students in MR, LD, and ED– Minority students have greater needs
• Tentative Conclusion: Greater Deficits Required for Minority Students to be Referred and Placed
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Table 6: Children in Poverty and Special Education
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Brandywine Christina Colonial Red Clay
Minority
Nonminority
23.9%
18.4% 18.5%17.6%
19.3% 19.8%19.0% 19.2%
Prevention of Disproportionate Representation
• NRC Panel Report Major Conclusion
“ There is substantial evidence with regard to both behavior and achievement that early identification and intervention is more effective than later identification and intervention.” Executive Summary, p. 5
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