Importance of Equity: Lessons Learned from Special ... · Importance of Equity: Lessons Learned...
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Importance of Equity: Lessons Learned from Special Education and Delivering Your Message to Elected Leaders
Laura Schifter Leadership and Advocacy Conference National Association for Gifted Children March 12, 2017
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Goals for Presentation
Discuss effective messaging to policymakers
Examine case of disproportionality in special education
Describe problem of disproportionality in special education
Describe policy solution for disproportionality
Discuss policy effectiveness and implementation
Provide time for questions and reflection
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Kingdon Framework
Problems
Policies Politics
Kingdon, J. (2011). Agendas, Alternatives, and Public Policies, 2d Ed. New York: Longman.
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Problems
“Conditions come to be defined as problems, and have a better chance of rising on the agenda, when we come to believe that we should do something to change them.”
“Demonstrating that there is indeed a problem to which one’s solution can be attached is a very real preoccupation of participants in the policy process.”
Kingdon, J. (2011). Agendas, Alternatives, and Public Policies, 2d Ed. New York: Longman.
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Disproportionality in Special Education
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Data on Identification
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Measures
Risk Index Percent of students within a subgroup with the condition
Risk Ratio Comparison of risk indexes
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The Data
US Department of Education. (December 2015). 37th Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2015. Washington, DC.
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Making the Case for the Problem
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Two Conditions for Eligibility
Disability
Special Education
Eligible for IDEA
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Eligibility Determinations
Special Education Referral
Special Education Evaluation
Determination of Eligibility
Determination of Services and Placement
Usually by teachers or parents
Variety of assessment tools and strategies
Decision by qualified professionals and the parent of the child
Decision by the IEP Team
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Timeline for Disproportionality
Disproportionality
1975 IDEA 1997
Early 2000’s Research
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The Paradox of Special Education
“The same program that can separate disadvantaged students from their peers, distinguish them with a stigmatized label, and subject them to a curriculum of low
expectations can also provide resources, supports, and services without which they
cannot benefit from education.” -Donovan & Cross, p. 20
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Hypothesis I: Prevalence
Hypothesis II: Systemic Bias
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Differences by Disability Category
Losen D. & Orfield, G, Eds.. (2002). Racial Inequity in Special Education. Cambridge, MA: The Civil Rights Project and the Harvard Education Press.
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Differences by State Funding Formula
Types of Funding Formulas for Special Education: ● Unlinked: Not tied to SWD
population ● Service Linked: Tied to percent
eligible ● Service and Category Linked: Tied
to percent eligible and type of disability
Losen D. & Orfield, G, Eds.. (2002). Racial Inequity in Special Education. Cambridge, MA: The Civil Rights Project and the Harvard Education Press.
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Differences by Community
Losen D. & Orfield, G, Eds.. (2002). Racial Inequity in Special Education. Cambridge, MA: The Civil Rights Project and the Harvard Education Press.
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Kingdon Framework
Problems
Policies Politics
Kingdon, J. (2011). Agendas, Alternatives, and Public Policies, 2d Ed. New York: Longman.
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Timeline for Disproportionality
Disproportionality
1975
IDEA 2004: CEIS
IDEA 1997
Early 2000’s Research
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IDEA Statute: Disproportionality Sec. 618(d)
(1) In general.--Each State that receives assistance under this part, and the Secretary of the Interior, shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local educational agencies of the State with respect to--—
(A)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);
(B)the placement in particular educational settings of such children; and
(C)the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
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IDEA Statute: Disproportionality Sec. 618(d)
(2) 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 such children, in accordance with paragraph (1), the State or the Secretary of the Interior, as the case may be, shall—
(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, procedures, and practices comply with the requirements of this title; (B) require any local educational agency identified under paragraph (1) 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 overidentified under paragraph (1); and (C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A).
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IDEA Statute: Early Intervening Services Sec. 613(f)
(2) Activities.--In implementing coordinated, early intervening services under this subsection, a local educational agency may carry out activities that include--
(A)professional development (which may be provided by entities other than local educational agencies) for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
(B)providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.
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Did the policy solution work?
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Trends Overtime
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Kingdon Framework
Problems
Policies Politics
Kingdon, J. (2011). Agendas, Alternatives, and Public Policies, 2d Ed. New York: Longman.
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Timeline for Disproportionality
Disproportionality
1975
IDEA 2004: CEIS
IDEA 1997
Early 2000’s Research
2013: GAO Study
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Did the solution work? GAO Study (2013)
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Timeline for Disproportionality
Disproportionality
1975
IDEA 2004: CEIS
2013: GAO Report
2014: Request for Comment
Dec. 2016 Final Rule
IDEA 1997 2016: NPRM
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Final Rule (2016)
The regulations will:
Require States to use a standard methodology to identify significant disproportionality in the State and in its LEAs
Clarify that States must address significant disproportionality in the incidence, duration, and type of disciplinary actions of children with disabilities, including suspensions and expulsions,
Expand the student populations that may receive comprehensive CEIS when an LEA has been identified with significant disproportionality.
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Delivering Your Message
Establish and justify the policy problem
Present evidence to justify the problem
Recommend a policy solution to address the problem
Consider and address the politics and feasibility of your recommended policy solution
Remember: today’s policy solution is tomorrow’s policy problem
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Reflection and Questions