Self Assessment of District Policies, Procedures, and Practices for Special Education Programs in Arkansas Public Schools Arkansas Department of Education, Special Education Unit Monitoring/Program Effectiveness Updated May 2015 Table of Contents INSTRUCTIONS.............................................................................................................................................................................................................................................................. 3 INTRODUCTION ............................................................................................................................................................................................................................................................ 4 DISPROPORTIONALITY ................................................................................................................................................................................................................................................... 4 SIGNIFICANT DIFFERENCE ............................................................................................................................................................................................................................................. 5 PROCESS FOR DETERMINING THAT A SCHOOL DISTRICT IS IDENTIFIED AS HAVING SIGNIFICANT DISPROPORTIONALITY AND IS MANDATED TO OFFER CEIS .................................................................................................................................................................................................................................................................................. 5 IDENTIFICATION ............................................................................................................................................................................................................................................................ 5 SPECIFIC DISABILITY CATEGORY .................................................................................................................................................................................................................................. 6 EDUCATIONAL PLACEMENT/LEAST RESTRICTIVE ENVIRONMENT ................................................................................................................................................................................. 6 DISCIPLINE .................................................................................................................................................................................................................................................................... 6 OVERVIEW OF THE CEIS PROCESS ................................................................................................................................................................................................................................ 7 PROCESS FOR DETERMINING THAT A SCHOOL DISTRICT IS IDENTIFIED AS HAVING SIGNIFICANT DIFFERENCES DISCIPLINE AS DEFINED IN THE SPP/APR…………………………………………………………………………………………………………………………………………………………………………………..8 INDICATOR 4A AND 4B: SIGNIFICANT DIFFERENCE – DISCIPLINE…………………………………………………………………………………………………….………………..8 PROCESS FOR DETERMINING THAT A SCHOOL DISTRICT IS IDENTIFIED AS HAVING DISPROPORTIONALITY AS DEFINED IN THE SPP/APR ............................ 9 INDICATOR 9: DISPROPORTIONALITY – IDENTIFICATION ............................................................................................................................................................................................... 9 INDICATOR 10: DISPROPORTIONALITY – SIX SPECIFIC DISABILITY CATEGORIES .......................................................................................................................................................... 9 OVERVIEW OF THE SPP/APR PROCESS FOR INDICATORS 4A, 4B, 9, & 10 ........................................................................................................................................................ 10 IDENTIFYING AND ANALYZING DISTRICT DATA ON DISPROPORTIONALITY ........................................................................................................................................... 10 SECTION A: SELF-ASSESSMENT OF POLICIES, PROCEDURES, AND PRACTICES EFFECTING DISPROPORTIONALITY IN THE AREAS OF REFERRAL, EVALUATION, AND ELIGIBILITY ......................................................................................................................................................................................................................................................... 11 SECTION C: SELF-ASSESSMENT OF POLICIES, PROCEDURES, AND PRACTICES EFFECTING DISCIPLINE ................................................................................................. 14 SELF-ASSESSMENT TEAM MEMBER SHEET……………………………………………………………………………………………………………………………………………………………..………….…16 2 Instructions Please read the document completely prior to completing the tables. The sections to be completed depend on the district’s status. A district may be identified as disproportionate in more than one area or IDEA program. Below is a brief synopsis of the required sections based on district’s status. 1. Any district identified as disproportionate under the requirements of Coordinated Early Intervening Services (CEIS) in the areas of identification or specific disability category must complete Section A. Districts may also be required to complete Section B (excluded from 2015 Self-Assessment) or Section C if there is disproportionality is in the area of LRE or discipline, respectively. 2. Any district identified as disproportionate under the requirements of the State Performance Plan/Annual Performance Report (SPP/APR) in the areas of identification or specific disability category (Indicator 9 and/or Indicator 10), must complete Section A. 3. Any district identified for significant differences in discipline under the requirements of the SPP/APR (Indicator 4A), must complete Section C. 4. Any district identified as disproportionate in discipline under the requirements of the SPP/APR (Indicator 4B), must complete Sections A and C. A team of stakeholders selected by the district must participate in the self-assessment process. When assembling this team, the district should consider including regular and special educators, and team members representing administration, professional learning, parents, curriculum and instruction, school psychology, student support services, and school improvement. Please complete all required sections and attach evidence to support responses. Team members participating in the self-assessment process should be listed, and the superintendent is required to certify the information prior to submission. 3 Introduction The purpose of this self-assessment is to determine if an identified disproportionality is the result of inappropriate policies, procedures, and practices. Inappropriate policies, procedures, and practices may result in the over identification of students in a specific racial/ethnic group in the areas of identification, specific disability category, and educational placement or a significant difference in the percentage of students with greater than 10 days of out of school suspension (OSS)/expulsion. This self-assessment is also used to assist districts mandated to provide Coordinated Early Intervening Services (CEIS) under Section 618 of IDEA. Identification for mandated CEIS focuses on significant disproportionality in the areas of identification, specific disability category, educational placement, and discipline. CEIS mandated districts must provide CEIS and review policies, procedures, and practices. Disproportionality The major issue surrounding the concept of disproportionality in special education is the probability of discriminating against students based on racial/ethnic group in the areas of identification, specific disability category, educational placement, and discipline. The Arkansas Department of Education Special Education Unit has long been concerned about the excessive number of students placed in special education programs. The Individuals with Disabilities Education Act requires a state agency to collect program information on disproportionality for the state’s special education programs, specifically, Section 618 and Section 616 of the IDEA. Section 618 of the IDEA addresses coordinated early intervening services (CEIS) and requires States to… (A) provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, [[Page 118 STAT. 2740]] procedures, and practices comply with the requirements of this title; (B) require any local educational agency identified to reserve the maximum amount of funds under section 613(f) to provide comprehensive coordinated early intervening services to serve children in the local educational agency, particularly children in those groups that were significantly over-identified; and (C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A). Section 616(a)(3) of the IDEA addresses disproportionality requirements of the state performance plan (SPP) and annual performance report (APR) and presents the monitoring priorities of the US Department of Education...in particular Section 616(a)(3)(C). (3)…The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas: (A) Provision of a free appropriate public education in the least restrictive environment (B) State exercise of general supervisory authority… (C) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification Disproportionate representation means that the percentage of a racial/ethnic group in the program is larger than the percentage of that group in the educational system as a whole. 4 Significant Difference In addition to the disproportionality requirements under Section 616 of the IDEA, Indicator 4A of the SPP/APR requires an analysis of discipline data by district on students with greater than 10 days of out of school suspension (OSS)/expulsion. For Indicator 4A, significant difference is determined by comparing the suspension/expulsion rate of students receiving special education/related services to the suspension/expulsion rate of general education students. Further, Indicator 4B requires an analysis of districts discipline data by racial/ethnic groups on students with greater than 10 days of out of school suspension (OSS)/expulsion. For Indicator 4B, significant difference is determined by examining the difference between the suspension/expulsion rate of students receiving special education/related services by specific racial/ethnic group and the suspension/expulsion rate of general education students. Districts across Arkansas should be suspending or expelling small numbers of students from school each year. The percentage of special education students being suspended or expelled annually in a district should not differ significantly from the percentage of general education students in the district being suspended or expelled annually. Process for determining that a school district is identified as having significant disproportionality and is mandated to offer CEIS Identification A combination of risk ratio and weighted risk ratio methodology (whichever is lowest) is used to determine if a district has a disproportionate over-representation. District enrollment and special education child count data are examined and adjusted according to the following criteria. 1. Using the December 1 child count for the selected year, students were identified if they were receiving services in a private residential treatment program. These students were removed from the special education child count numbers and the district October 1 enrollment numbers for the selected year. The reason for excluding students in private residential treatment facilities is in the State rules governing private residential treatment facilities. These rules state that a student belongs to the district where the facility is located; therefore, enrollment of such students artificially increases the district’s special education child count and district wide enrollment. 2. After the October 1 enrollment and December 1 child count are adjusted for private residential treatment students, weighted risk ratios are generated. Both risk ratios and weighted risk ratios are examined and the lowest value is selected as the districts risk for a particular race. 3. Some risk ratios are considered invalid if (1) the district enrollment of a racial/ethnic group is less than 5% or more than 95% of the district’s enrollment or (2) the number of students in the district’s child count is equal or less than 40. 4. Once adjusted under the above criteria, risk ratios greater than 4.00 are considered an over-representation. 5. Any district identified with over-representation for three consecutive years would be required to budget and provide CEIS. 5 Specific Disability Category A combination of risk ratio and weighted risk ratio methodology (whichever is lowest) is used to determine if a district has disproportionate representation within the twelve disability categories. District enrollment and special education child count data were examined and adjusted according to the following criteria. 1. Using the December 1 child count for the selected year, students were identified if they were receiving services in a private residential treatment program. These students were removed from the special education child count numbers and the district October 1 enrollment numbers for the selected year. The reason for excluding students in private residential treatment facilities is in the State rules governing private residential treatment facilities. These rules state that a student belongs to the district where the facility is located; therefore, enrollment of such students artificially increases the district’s special education child count and district wide enrollment. 2. After the October 1 enrollment and December 1 child count have been adjusted for private residential treatment students, weighted risk ratios were generated for each of the six disability categories. 3. Some weighted risk ratios were considered invalid if (1) the district enrollment of a racial/ethnic group is less than 5% or (2) the number of students in a disability category was below 40. Once adjusted under the above criteria, risk ratios greater than 4.00 were considered an over-representation. 4. Any district identified with over-representation for three consecutive years would be required to budget and provide CEIS. Educational Placement/Least Restrictive Environment 1. Using a combination of risk ratio and weighted risk ratio methodology (whichever is lowest), 3 educational placement categories are examined for significant disproportionality. a. 40% to 79% of the day in the regular classroom with their non-disabled peers. b. Less than 40% of the day in the regular classroom with their non-disabled peers. c. Separate Schools (Day Schools) 2. Risk ratios are examined in relation to district composition and are considered invalid if a. the district enrollment of a racial/ethnic group is less than 5%; or b. the number of students in a LRE category is below 40. 3. After adjustments, districts with risk ratios greater than 4 for three consecutive years are identified as having significant disproportionality in LRE and are required to budget and provide CEIS. Discipline The rate of suspension/expulsion by race/ethnicity is calculated with a percentage difference methodology to identify districts as having a significant difference in discipline. 1. The calculation is the difference of a specific race for SWD rate of suspension/expulsion exceeding 10 days minus the rate of all general education students with suspension/expulsion exceeding 10 days. Exclusion criteria are applied after the percent difference is calculated. 6 2. Exclusion is possible if the: a. LEA’s special education child count is less than or equal to 40 students; or b. a particular race/ethnicity in LEA’s special education child count for the race/ethnicity is less than or equal to 10. 3. After adjustments, districts with a significant difference greater than 4 for three consecutive years are identified as having significant disproportionality in discipline and are required to budget and provide CEIS. Overview of the CEIS Process State’s Review of Data for Over-Representation State makes identification of districts with significant disproportionality Identification Disability LRE Discipline Significantly Disproportionate districts MUST complete the following tasks: Complete the disproportionality selfassessment of policies, procedures, and practices; 7 Develop the CEIS program and address in the Arkansas Comprehensive School Improvement Plan (ACSIP) Required use of 15% of IDEA funds to provide CEIS for students at risk for special education Publicly report revisions to policies, procedures, and practices Track and report CEIS students and activities in APSCN Process for determining that a school district is identified as having significant difference in discipline as defined in the SPP/APR Indicator 4A: Rates of Suspension and Expulsion 1. The special education benchmark for suspension/expulsion (s/e) greater than 10 days out-of-school is the three-year rate difference between district s/e rates for general education students as compared to the s/e rate for students with disabilities. 2. Districts are identified as having a significant difference if special education rates are 1.364 percentage points higher than the rate for general education students. The formula is presented below: Formula: suspension/expulsion rate for children with disabilities – suspension/expulsion rate for general education students = difference between special education students & general education students. 3. Any district identified for having a significant difference (special education rates are 1.364 percentage points higher than the rate for general education students) in a given year is required to submit a self-assessment for the review discipline policies, procedures, and practices. Indicator 4B: Rates of Suspension and Expulsion by Race or Ethnicity 1. The measurement for 4B uses a percent difference calculation. 2. The calculation is the difference between the rate of suspensions/expulsions exceeding 10 days within a school year for students with disabilities (SWD) in specific race/ethnicity categories and that of general education students. The formula is presented below: Formula: suspension/expulsion rate for students with disabilities of a specific race/ethnic category – suspension/expulsion rate for general education students = difference between special educations students by race or ethnicity & general education students. 3. Exclusion criteria are applied after the percent difference is calculated. Exclusion is possible if the: a. LEA’s special education child count is less than or equal to 40 students; or b. a particular race/ethnicity in LEA’s special education child count is less than or equal to 10. 4. Any district identified for having a percentage difference greater than 4 (special education rate for a specific race is more than four (4) percentage points higher than general education rate) in a given year is required to submit a self-assessment for the review discipline policies, procedures, and practices. 8 Process for determining that a school district is identified as having disproportionality as defined in the SPP/APR Indicator 9: Identification A combination of risk ratio and weighted risk ratio methodology (whichever is lowest) used to determine if a district has a disproportionate over-representation. District enrollment and special education child count data were examined and adjusted according to the following criteria. 1. Using the December 1 child count for the selected year, students were identified if they were receiving services in a private residential treatment program. These students were removed from the special education child count numbers and the district October 1 enrollment numbers for the selected year. The reason for excluding students in private residential treatment facilities is in the State rules governing private residential treatment facilities. These rules state that a student belongs to the district where the facility is located; therefore, enrollment of such students artificially increases the district’s special education child count and district wide enrollment. 2. After the October 1 enrollment and December 1 child count have been adjusted for private residential treatment students, weighted risk ratios were generated. Both risk ratios and weighted risk ratios are examined and the lowest value is selected as the districts risk for a particular race. 3. Some risk ratios are considered invalid if (1) the district enrollment of a racial/ethnic group is less than 5% or more than 95% of the district’s enrollment or (2) the number of students in the district’s child count is equal or less than 40. 4. Once adjusted under the above criteria, risk ratios greater than 4.00 are considered an over-representation. 5. Any district identified with over-representation in a given year is required to submit a self-assessment for the review discipline policies, procedures, and practices. Indicator 10: Specific Disability Category A combination of risk ratio and weighted risk ratio methodology (whichever is lowest) is used to determine if a district has disproportionate representation within six disability categories (Autism, Emotional Disturbance, Mental Retardation, Other Health Impairments, Specific Learning Disabilities, and Speech Language Impairment). District enrollment and special education child count data were examined and adjusted according to the following criteria. 1. Using the December 1 child count for the selected year, students were identified if they were receiving services in a private residential treatment program. These students were removed from the special education child count numbers and the district October 1 enrollment numbers for the selected year. The reason for excluding students in private residential treatment facilities is in the State rules governing private residential treatment facilities. These rules state that a student belongs to the district where the facility is located; therefore, enrollment of such students artificially increases the district’s special education child count and district wide enrollment. 2. After the October 1 enrollment and December 1 child count have been adjusted for private residential treatment students, weighted risk ratios were generated for each of the six disability categories. 9 3. Some weighted risk ratios were considered invalid if (1) the district enrollment of a racial/ethnic group is less than 5% or (2) the number of students in a disability category was below 40. Once adjusted under the above criteria, risk ratios greater than 4.00 were considered an over-representation. 4. Any district identified with over-representation in a disability category in a given year is required to submit a self-assessment for the review discipline policies, procedures, and practices. Overview of the SPP/APR process State Review of Data for Over-Representation State makes identification of districts with disproportionality Identification Disability Discipline Disproportionate districts MUST complete the following tasks: Complete the disproportionality selfassessment of policies, procedures, and practices and submit to the SEU If inappropriate policies, procedures, and practices led to the disproportionality, correct all findings within one- year of being notified. Publicly report all revisions made to district policies, procedures, and practices due to inappropriate policies, procedures, and practices. Identifying and analyzing district data on disproportionality In order for interventions to be effective, it is necessary to know why over-representation is occurring. To discover why disproportionality is occurring, districts must look at data with regard to school policies, practices, and procedures currently in place in the district. Relevant data to examine may include (1) the most recent and previous year district October 1 enrollment by race, (2) special education December 1 child count by race, (3) special education December 1 child count by disability and race, (4) special education December 1 child count by LRE and race, (5) referrals and placements by race, (6) special education discipline - greater than 10 days out of school suspension/expulsion, (7) Monitoring/ ACSIP Profile, (8) LEA Annual Performance Report, and (9) other data deemed necessary by the district. The District’s October 1 (and previous years) enrollment by race can be downloaded from ADE Data Center website at https://adedata.arkansas.gov/ . 10 Section A: Self-Assessment of Policies, Procedures, and Practices Effecting Disproportionality in the Areas of Referral, Evaluation, and Eligibility Please respond to the questions below and describe or provide evidence of your district’s policies, procedures, and practices effecting disproportionality in the areas of referral, evaluation, and eligibility. Questions: Does the district keep data that furnishes the following information related to referrals: Number of referrals made by school and individual teacher; Number of referrals made according to student age, grade, gender and ethnicity/race; Number of referrals made versus number of placements made; Number of students transferring into the district that are receiving special education services? Does the district randomly review referrals to detect any pattern that might indicate a problem with disproportionately, such as large numbers of children of one race or small numbers of children of one race? Does the district identify all tests and other educational materials currently used in the evaluation process? Has each been validated for the specific purpose for which it is used? Are tests and other evaluation materials administered by trained personnel in conformance with the instructions provided by their producer? Are multidisciplinary team members knowledgeable about the meaning of evaluation data? Has the person(s) responsible for interpreting assessment data 11 If yes, please describe or provide evidence. Please respond to the questions below and describe or provide evidence of your district’s policies, procedures, and practices effecting disproportionality in the areas of referral, evaluation, and eligibility. Questions: received training concerning the interpretation and use of assessment results? Does the comprehensive evaluation involve information from an assortment of sources (classroom teachers, parents, counselors, others) and utilize a variety of evaluation techniques (observation, interviews, informal and formal testing, etc.)? Are assessments and other evaluation materials provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically? Are materials and procedures used to assess a child with limited English proficiency selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child’s English language skills? Prior to determining that a child is eligible for special education, does the district ensure the determinate factor was not A lack of appropriate instruction in reading, including the essential components of reading instruction; or A lack of appropriate instruction in math; or Limited English proficiency? Does the multidisciplinary team address the areas of exclusion under 34 CFR 300.309 in the criteria for determining the existence of a specific learning disability, paying particular 12 If yes, please describe or provide evidence. Please respond to the questions below and describe or provide evidence of your district’s policies, procedures, and practices effecting disproportionality in the areas of referral, evaluation, and eligibility. Questions: attention to 34 CFR 300.311(a)(6) which addresses environmental, cultural or economic disadvantages? Does the multidisciplinary team consider cultural/ethnic, as well as dialectal variations in selecting assessment procedures and analyzing evaluation data, especially for culturally and linguistically diverse students suspected of having a disability? Does the district ensure that no single procedure is used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child? Is the child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities? Is the evaluation sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified? Do evaluation program conference decisions indicate the presence of a specific disability(s) and the basis for that determination? 13 If yes, please describe or provide evidence. Section C: Self-Assessment of Policies, Procedures, and Practices Effecting Significant Differences in Discipline Please respond to the questions below and describe or provide evidence of your district’s policies, procedures, and practices effecting significant differences in the area of discipline. Questions: Are teachers and administrators trained in the techniques of positive behavioral interventions and supports? Do psychological and educational examiners, and counselors employed by, or contracted with, the district receive training concerning best practices in positive behavioral interventions and supports? Does the district have graduated discipline procedures in place? Does the district keep the following data related to disciplinary referrals: reason(s) for the referral; action(s) taken; number of referrals made by school(s) and individual teacher(s); number of discipline referrals made according to student age, grade, sex, and race; number of discipline referrals made vs. number of suspensions/expulsions made; and number of students placed into alternative settings? 14 If yes, please describe or provide evidence. Please respond to the questions below and describe or provide evidence of your district’s policies, procedures, and practices effecting significant differences in the area of discipline. Questions: When a child with a disability is removed from the child’s current placement, does the child receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications? Does a multidisciplinary team of professionals, with knowledge in the area of disabilities and behavior, conduct behavioral assessments? Does the district provide staff training for developing and implementing appropriate behavior intervention plans? In the case of a child whose behavior impedes his or her learning or that of others, does the district consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior? Does the district provide mental health services for those students in need of them? 15 If yes, please describe or provide evidence. Self-Assessment Team Member Sheet District: Click here to enter text. Address: Click here to enter text. Superintendent: Click here to enter text. Special Education Director: Click here to enter text. Contact E-mail Address: Click here to enter text. Contact Phone: Click here to enter text. Team Members Who Participated in the Self-Assessment Review Process: A team of stakeholders selected by the district must participate in the self-assessment process. When assembling this team, the district should consider including regular and special educators and team members representing administration, professional learning, parents, curriculum and instruction, school psychology, student support services, and school improvement. Name: Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Title: Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Click here to enter text. Summary of Verification of Accuracy The superintendent is required to certify the information prior to submission. I verify that the information submitted in this report is accurate and is based upon the findings from the Self-Assessment of District Policies, Procedures, and Practices. Superintendent Signature: __________________________________________________ 16 Date:____________________________________________