slide 1 addressing disproportionality: 2006 summer institute using idea's exclusionary factors...

Addressing Disproportionality:Addressing Disproportionality:2006 Summer Institute2006 Summer Institute

Using IDEA's Exclusionary Factors in Using IDEA's Exclusionary Factors in Special Education Evaluation: Special Education Evaluation:

Developing an IEP Team ToolkitDeveloping an IEP Team Toolkit

Craig A. Albers, PhD, NCSPUniversity of Wisconsin-Madison

John Humphries, NCSPWI Department of Public Instruction

Legal Requirements for Exclusionary Legal Requirements for Exclusionary FactorsFactors

PL 89-10 (1965): Elementary and Secondary PL 89-10 (1965): Elementary and Secondary Education ActEducation Act– Precursor to IDEAPrecursor to IDEA– First mention of services and “specialized instruction and First mention of services and “specialized instruction and

equipment . . . for persons who are handicapped. . . ." equipment . . . for persons who are handicapped. . . ." – No mention of eligibility or exclusionary factors; more of a No mention of eligibility or exclusionary factors; more of a

focus on low-income studentsfocus on low-income students PL 94-142 (1975)PL 94-142 (1975)

– Education for all Handicapped Children Act of 1975Education for all Handicapped Children Act of 1975 PL 98-199 (1983)PL 98-199 (1983)

– Education of Handicapped Act Amendments of 1983Education of Handicapped Act Amendments of 1983• “The term does not include children who have learning problems

which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance or of environmental, cultural, or economic disadvantage.” [SLD]

Current Legal Requirements for Current Legal Requirements for Exclusionary FactorsExclusionary Factors

§300.306 (Determination of Eligibility) (b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part--

(1) If the determinant factor for that determination is--– (i) Lack of appropriate instruction in reading,

including the essential components of reading instruction (as defined in section 1208(3) of the ESEA);

– (ii) Lack of appropriate instruction in math; or– (iii) Limited English proficiency.

Current Legal Requirements for Current Legal Requirements for Exclusionary Factors relating to SLDExclusionary Factors relating to SLD

§300.309 Determining the existence of a specific learning disability– (3) The group determines that its findings under

paragraphs (a)(1) and (2) of this section are not primarily the result of--

(i) A visual, hearing, or motor disability;(ii) Mental retardation;(iii) Emotional disturbance;(iv) Cultural factors;(v) Environmental or economic disadvantage; or(vi) Limited English proficiency.

Required DocumentationRequired Documentation

§300.311 Specific documentation for the eligibility determination.

(6) The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child’s achievement level.

How are Exclusionary Factors used in Wisconsin?How are Exclusionary Factors used in Wisconsin?

2005 WSPA Survey of School Psychologists2005 WSPA Survey of School Psychologists

– Over 200 respondents of the 941 licensed WI Over 200 respondents of the 941 licensed WI school psychologists (representing every CESA) school psychologists (representing every CESA) revealed that a vast majority of IEP Teams revealed that a vast majority of IEP Teams (>60%) make little or no documentation of any (>60%) make little or no documentation of any exclusionary factors. exclusionary factors.

– Denying special educational services because of Denying special educational services because of the exclusionary factors was even more rare the exclusionary factors was even more rare (~90% of IEP Teams made fewer than 4 denials (~90% of IEP Teams made fewer than 4 denials in the course of the 2003-2004 school year).in the course of the 2003-2004 school year).

Time for a Quiz!Time for a Quiz!1.1. Can a 3Can a 3rdrd grade ELL student who is having grade ELL student who is having

difficulty learning to read and do difficulty learning to read and do mathematics be classified as having a mathematics be classified as having a Specific Learning Disability?Specific Learning Disability?

YES OR NO?YES OR NO?

2.2. Can a 5Can a 5thth grade student who has missed grade student who has missed approximately 27% of days since beginning approximately 27% of days since beginning kindergarten receive special education kindergarten receive special education services?services?

YES OR NO?YES OR NO?

Orienting QuestionsOrienting Questions Have you ever had a student where you felt Have you ever had a student where you felt

that that IFIF the child did not receive special the child did not receive special education services, that he or she would not education services, that he or she would not receive any services at all?receive any services at all?

Has the above rationale ever been Has the above rationale ever been mentioned in an eligibility team meeting?mentioned in an eligibility team meeting?

Have you ever been on a team that Have you ever been on a team that determined a child should not receive special determined a child should not receive special education services because of the presence education services because of the presence of exclusionary factors?of exclusionary factors?

Orienting QuestionsOrienting Questions

Do you know of any student that was placed Do you know of any student that was placed in special education so that he or she could in special education so that he or she could receive services (implicitly or explicitly), even receive services (implicitly or explicitly), even though you felt that he or she did not actually though you felt that he or she did not actually have a disability?have a disability?

Foundations of Exclusionary Foundations of Exclusionary Factors & ToolkitFactors & Toolkit

THERE IS NO RIGHT WAY TO DO THERE IS NO RIGHT WAY TO DO THE WRONG THING!THE WRONG THING!

Beware of theBeware of theCONFIRMATION BIAS!CONFIRMATION BIAS!

Foundations of Exclusionary Foundations of Exclusionary Factors & ToolkitFactors & Toolkit

Our purpose is to ensure that Our purpose is to ensure that special education special education exclusionary factors…exclusionary factors…

……contribute to the appropriate level of services for all students, contribute to the appropriate level of services for all students, whether through federally-mandated special education services or whether through federally-mandated special education services or through locally-based (i.e., school level) intervention services. We through locally-based (i.e., school level) intervention services. We recognize the legal and ethical requirements for providing recognize the legal and ethical requirements for providing appropriate services to students with disabilities through special appropriate services to students with disabilities through special education placements; however, we also recognize that the education placements; however, we also recognize that the placement of students without disabilities in special education placement of students without disabilities in special education programs is detrimental to the student and is an inappropriate programs is detrimental to the student and is an inappropriate allocation of resources. We stress that exclusionary factors should allocation of resources. We stress that exclusionary factors should serve as a motivator for the development of locally-based serve as a motivator for the development of locally-based universal and selected intervention options to more appropriately universal and selected intervention options to more appropriately provide services to students without disabilities but who still have provide services to students without disabilities but who still have educational and developmental needs. educational and developmental needs.

Our purpose is to ensure that Our purpose is to ensure that special special education exclusionary factorseducation exclusionary factors……

……are not recognized as only being a are not recognized as only being a special education issue. Instead, regular special education issue. Instead, regular education also has to be connected to education also has to be connected to exclusionary factors, in recognition of exclusionary factors, in recognition of regular education and special education regular education and special education services being provided along a continuum services being provided along a continuum and not as distinct and separate entities. and not as distinct and separate entities.


……are considered with all students; are considered with all students; however, we also realize that the issue of however, we also realize that the issue of exclusionary factors is directly connected to exclusionary factors is directly connected to the issue of overrepresentation of racially, the issue of overrepresentation of racially, culturally, ethnic, economically culturally, ethnic, economically disadvantaged, and language diverse disadvantaged, and language diverse students. students.


……are systematic, systemic, and data-are systematic, systemic, and data-driven. Consideration of exclusionary driven. Consideration of exclusionary factors should occur at all levels throughout factors should occur at all levels throughout the school system and occur in a the school system and occur in a systematic way, and be based on data. systematic way, and be based on data. Schools should strive to avoid being data Schools should strive to avoid being data rich and information poor. rich and information poor.


……are recognized as being a double-edged are recognized as being a double-edged sword. While exclusionary factors are sword. While exclusionary factors are intended to prevent inappropriate intended to prevent inappropriate placement, concern exists that exclusionary placement, concern exists that exclusionary factors can be misinterpreted and misused, factors can be misinterpreted and misused, resulting in students with disabilities being resulting in students with disabilities being excluded from receiving legally entitled excluded from receiving legally entitled services. services.


……are applied and interpreted in such a are applied and interpreted in such a method to increase understanding of the method to increase understanding of the school-based and individual differences of school-based and individual differences of the student. the student.


……are considered at pre-referral and post-are considered at pre-referral and post-referral time points. This requires referral time points. This requires understanding of multifaceted and inter-understanding of multifaceted and inter-related factors. related factors.

Although many issues are connected to the Although many issues are connected to the inappropriate placement of students in inappropriate placement of students in special education programs, and many special education programs, and many factors contribute to the overrepresentation factors contribute to the overrepresentation of racially, culturally, ethnic, economically of racially, culturally, ethnic, economically disadvantaged, and language diverse disadvantaged, and language diverse students, the appropriate use of exclusionary students, the appropriate use of exclusionary factors will enhance appropriate placement factors will enhance appropriate placement and service provision for all students. and service provision for all students.

What are the Drawbacks of Ignoring Exclusionary What are the Drawbacks of Ignoring Exclusionary Factors and Placing Children in Special Education Factors and Placing Children in Special Education when the Child does not have a Disability?when the Child does not have a Disability?

Negative affects of being labeled as Negative affects of being labeled as having a disability when one does not having a disability when one does not actually existactually exist

Lowered expectationsLowered expectations Watered-down curriculumWatered-down curriculum Inappropriate allocation of resourcesInappropriate allocation of resources Many more!Many more!

Example of Mislabeling Consequences Example of Mislabeling Consequences – Which would you prefer?– Which would you prefer?

Example 1Example 1 During an annual exam, a During an annual exam, a

doctor discovers I have doctor discovers I have high cholesterol.high cholesterol.

This leads him to diagnose This leads him to diagnose me with heart disease.me with heart disease.

Further, because of the Further, because of the diagnosed heart disease, diagnosed heart disease, he is considering he is considering recommending by-pass recommending by-pass surgery.surgery.

Implications for obtaining Implications for obtaining life insurance, health life insurance, health insurance, etc.insurance, etc.

Personal (di)stressPersonal (di)stress

Example 2Example 2 During an annual exam, a During an annual exam, a

doctor discovers I have high doctor discovers I have high cholesterol.cholesterol.

This leads him to diagnose This leads him to diagnose me with high cholesterol.me with high cholesterol.

First stage of treatment is an First stage of treatment is an improved diet and more improved diet and more exercise.exercise.

Second stage (if necessary) Second stage (if necessary) is treatment with is treatment with medications.medications.

Surgery does not happen Surgery does not happen unless blockages are also unless blockages are also discovered at a later stage.discovered at a later stage.

Domains of FocusDomains of Focus

1.1. LearnerLearner2.2. InstructionInstruction3.3. CurriculumCurriculum4.4. Classroom and school environment Classroom and school environment

disadvantagedisadvantage5.5. Environmental disadvantageEnvironmental disadvantage6.6. Economic disadvantageEconomic disadvantage7.7. Cultural disadvantageCultural disadvantage

Learner DomainLearner Domain Most evaluations tend to be focused on the Most evaluations tend to be focused on the

learner rather than on other domains.learner rather than on other domains.– Internal versus extrinsic factorsInternal versus extrinsic factors– This appears to be the result of the prevailing This appears to be the result of the prevailing

belief that a student who is not successful in belief that a student who is not successful in school and who does not respond to immediately school and who does not respond to immediately available classroom interventions must have a available classroom interventions must have a disability if their assessment results meet the disability if their assessment results meet the criteria for disability. criteria for disability.

– Unfortunately, assessment focused primarily on Unfortunately, assessment focused primarily on the learner ignores other possible reasons for the learner ignores other possible reasons for delayed achievement. delayed achievement.

– Methods of examining this domain include the Methods of examining this domain include the use of RTI models, motivational interviewing, etc.use of RTI models, motivational interviewing, etc.

Learner Domain ExamplesLearner Domain Examples LEP/ELL (influence of LEP/ELL (influence of

second language second language acquisition on learning)acquisition on learning)

Visual disabilityVisual disability Hearing disabilityHearing disability Motor DisabilitiesMotor Disabilities Impaired cognitive Impaired cognitive

functioningfunctioning Emotional disturbanceEmotional disturbance Autism spectrum Autism spectrum

disordersdisorders Emotional StressEmotional Stress Difficulty adjusting to Difficulty adjusting to

home or school home or school

Lack of motivation Lack of motivation A student’s academic A student’s academic

performance and performance and behavior may be behavior may be impacted by a impacted by a temporary crisis temporary crisis situationsituation

School absences due School absences due to poor physical healthto poor physical health

Poor school Poor school performance and performance and behavior resulting from behavior resulting from illegal chemical useillegal chemical use

Instead of looking at what is Instead of looking at what is “wrong” with the child (e.g., “wrong” with the child (e.g.,

internal deficit), the remaining internal deficit), the remaining exclusionary factors look at exclusionary factors look at deficits external to the childdeficits external to the child

Instruction DomainInstruction Domain (b) To ensure that underachievement in a child

suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §300.304 through 300.306

(1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and(2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child’s parents.

Instruction DomainInstruction Domain IDEA’04 references the NCLB in requiring IDEA’04 references the NCLB in requiring

scientifically-based instruction. Further, the scientifically-based instruction. Further, the language of NCLB was shaped around the 2000 language of NCLB was shaped around the 2000 National Reading Panel report, which states that National Reading Panel report, which states that scientifically-based reading instruction should scientifically-based reading instruction should include instruction in include instruction in phonemic awareness, phonemic awareness, phonics, fluency, vocabulary and comprehension, phonics, fluency, vocabulary and comprehension, including the teaching of early literacy skillsincluding the teaching of early literacy skills. .

Assessing lack of instruction could mean that Assessing lack of instruction could mean that students in 3students in 3rdrd or 4 or 4thth grade who are significantly grade who are significantly behind their peers should not be found to be behind their peers should not be found to be disabled if there is no clear history of instruction in disabled if there is no clear history of instruction in reading that follows the NCLB requirements and reading that follows the NCLB requirements and that this lack of instruction is the that this lack of instruction is the determinantdeterminant factor factor in the student’s difficulties.in the student’s difficulties.

Instruction DomainInstruction Domain Lack of evidenced-based Lack of evidenced-based

reading programs such as reading programs such as Reading Recovery, Reading Recovery, Reading Mastery, and Reading Mastery, and Success for All, which Success for All, which include the essential include the essential components of reading components of reading instruction (e.g. explicit instruction (e.g. explicit instruction, phonemic instruction, phonemic awareness, etc.)awareness, etc.)

Lack of instruction in mathLack of instruction in math Lack of exposure to Lack of exposure to

relevant cognitive tasksrelevant cognitive tasks

Little to no progress Little to no progress monitoring utilized to inform monitoring utilized to inform and individualize instructionand individualize instruction

Students not taught at Students not taught at appropriate instructional appropriate instructional levelslevels

Failure to examine student Failure to examine student behavior in relation to behavior in relation to instruction to identify instruction to identify deterrents to learning deterrents to learning

Poor instructional planningPoor instructional planning

Instruction DomainInstruction DomainInstructional Match Instructional Match (Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Accurate assessment of the student’s level of Accurate assessment of the student’s level of skill developmentskill development

Instructional goals and objectives matched to Instructional goals and objectives matched to the student’s skillsthe student’s skills

Assigned tasks relevant to the student’s Assigned tasks relevant to the student’s background and experiencebackground and experience

Existence of prerequisite skills necessary to Existence of prerequisite skills necessary to complete assigned taskscomplete assigned tasks

Instruction DomainInstruction DomainInstructional Match (con’t)Instructional Match (con’t) Instruction timing and pacing consistent with Instruction timing and pacing consistent with

the student’s skill level and attention spanthe student’s skill level and attention span Standards for acceptable daily classroom Standards for acceptable daily classroom

performance consistent with the students performance consistent with the students skill development levelskill development level

Skills necessary for the student to complete Skills necessary for the student to complete assigned tasks have been identified through assigned tasks have been identified through task analysistask analysis

Student’s success rate on academically Student’s success rate on academically relevant tasks appropriate (i.e., 90-100% for relevant tasks appropriate (i.e., 90-100% for independent work)independent work)

Instruction DomainInstruction DomainInstructional Expectations Instructional Expectations (Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Student understanding of what is expected of Student understanding of what is expected of him/her (e.g., task completion, neatness, accuracy, him/her (e.g., task completion, neatness, accuracy, mastery of instructional goals, etc)mastery of instructional goals, etc)

Expectation that the student will be an active and Expectation that the student will be an active and involved learnerinvolved learner

Student accountability for his/her performance and Student accountability for his/her performance and progressprogress

Opportunities for active respondingOpportunities for active responding Clear communication of the objectives/goals for the Clear communication of the objectives/goals for the

instructional lesson so that the student knows what instructional lesson so that the student knows what is to be learnedis to be learned

Instruction DomainInstruction DomainInstructional PresentationInstructional Presentation (Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Substantive teacher-student interaction (e.g., Substantive teacher-student interaction (e.g., ask/answer questions, repeat directions, provide ask/answer questions, repeat directions, provide feedback)feedback)

Clear directions that are of reasonable Clear directions that are of reasonable length/complexity for the studentlength/complexity for the student

Student attention focused and maintained on the critical Student attention focused and maintained on the critical skills and concepts to be learnedskills and concepts to be learned

Teacher modeling/demonstration sufficient for the Teacher modeling/demonstration sufficient for the student to be initially successful on independent student to be initially successful on independent activitiesactivities

Student and teacher enthusiasm about what is being Student and teacher enthusiasm about what is being taughttaught

Variation in instructional routine/presentationVariation in instructional routine/presentation Information structured for the student in a systematic Information structured for the student in a systematic

way (advance organizers, review, guided practice)way (advance organizers, review, guided practice)

Instruction DomainInstruction DomainCognitive Emphasis Cognitive Emphasis (Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Student understanding of the purpose of the Student understanding of the purpose of the lessonlesson

Effective learning strategies that are used Effective learning strategies that are used (e.g., memorizing, reasoning, concluding, (e.g., memorizing, reasoning, concluding, and evaluating) for the studentand evaluating) for the student

Student explanation of the process used to Student explanation of the process used to solve problems or complete worksolve problems or complete work

Student understanding of why and how his / Student understanding of why and how his / her responses are correct / incorrecther responses are correct / incorrect

Instruction DomainInstruction DomainMotivation Strategies Motivation Strategies (Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Encouragement to perform (e.g., shown how, Encouragement to perform (e.g., shown how, told he / she can do the work)told he / she can do the work)

Value of learning emphasized in addition to Value of learning emphasized in addition to task completiontask completion

Student belief that he / she can complete Student belief that he / she can complete assigned tasks with successassigned tasks with success

Student understanding of the importance of Student understanding of the importance of tasks for future activitiestasks for future activities

Instruction DomainInstruction DomainMotivation Strategies Motivation Strategies (Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Task relevance to background and personal Task relevance to background and personal experienceexperience

Level of task appropriatenessLevel of task appropriateness Enthusiasm and interest by the teacherEnthusiasm and interest by the teacher Ambitious but realistic goalsAmbitious but realistic goals Alternative ways to demonstrate masteryAlternative ways to demonstrate mastery Rewards contingent on mastery or a performance Rewards contingent on mastery or a performance

level at which the student can achieve with effortlevel at which the student can achieve with effort Reinforcement of student progress and Reinforcement of student progress and

achievementachievement

Instruction DomainInstruction Domain

Toolkit materialsToolkit materials– Classroom observation materialsClassroom observation materials– Examination of time-on-taskExamination of time-on-task– Evaluation of the current classroom’s Evaluation of the current classroom’s

instructional techniquesinstructional techniques– Materials to assist in the examination of student-Materials to assist in the examination of student-

instructional matchinstructional match– Clarifications of highly qualified staffClarifications of highly qualified staff– Progress monitoring components Progress monitoring components – Evidence of data-based decision-makingEvidence of data-based decision-making

Curriculum DomainCurriculum Domain A strong curriculum in one setting does not automatically A strong curriculum in one setting does not automatically

mean that it will work in a different environmentmean that it will work in a different environment– Needs to be a match between the curriculum and the students, Needs to be a match between the curriculum and the students,

especially in consideration of their background and foundation skills.especially in consideration of their background and foundation skills.– A great curriculum does not guarantee success for all; other A great curriculum does not guarantee success for all; other

variables are involved.variables are involved.

Things to examineThings to examine Core components of curriculaCore components of curricula.. The existence of formal evaluation system to analyze the The existence of formal evaluation system to analyze the

effectiveness of curriculum and instruction (e.g. failure to effectiveness of curriculum and instruction (e.g. failure to develop and analyze local norms).develop and analyze local norms).

Whether exposure to inappropriate curriculum occurs due to Whether exposure to inappropriate curriculum occurs due to unnecessary placement in special education (e.g. unnecessary placement in special education (e.g. overrepresentation of minority children in SpEd).overrepresentation of minority children in SpEd).

Exposure to inappropriate/antiquated curriculum.Exposure to inappropriate/antiquated curriculum. Failure of curriculum to prepare students for the academic Failure of curriculum to prepare students for the academic

demands of the subsequent grade level (i.e. lack of demands of the subsequent grade level (i.e. lack of curricular cohesiveness between grade levels).curricular cohesiveness between grade levels).

Curriculum DomainCurriculum Domain

Reasonable accommodations of the Reasonable accommodations of the curriculum to meet the student’s unique and curriculum to meet the student’s unique and specific instructional needsspecific instructional needs– Is instruction systematically adapted so that the Is instruction systematically adapted so that the

student is able to experience success?student is able to experience success?– Are different materials, alternative teaching Are different materials, alternative teaching

strategies, increased practice opportunities, or strategies, increased practice opportunities, or alternative group placements considered when a alternative group placements considered when a student fails to master an objective?student fails to master an objective?

– Does the student receive additional review and Does the student receive additional review and practice in areas of difficulty?practice in areas of difficulty?

Classroom & School Classroom & School Environment DomainEnvironment Domain

Exposure to inappropriate/antiquated academic Exposure to inappropriate/antiquated academic materialsmaterials

Lack of adequately trained teachers (e.g. district hiring Lack of adequately trained teachers (e.g. district hiring uncertified teachers)uncertified teachers)

Limited to no available bilingual programsLimited to no available bilingual programs English language learners (ELLs) taught by unqualified English language learners (ELLs) taught by unqualified

teachersteachers District sizeDistrict size Unmanageable class sizes Unmanageable class sizes Lack of opportunities for continued professional Lack of opportunities for continued professional

developmentdevelopment Unmanageable caseloads for student services Unmanageable caseloads for student services

personnel (e.g. school counselor, school psychologist, personnel (e.g. school counselor, school psychologist, speech and language pathologist)speech and language pathologist)


Inconsistent educational programmingInconsistent educational programming Failure to equip classrooms with computers and Failure to equip classrooms with computers and

other useful technology important for student other useful technology important for student growthgrowth

Schools in poor physical condition (e.g. failure to Schools in poor physical condition (e.g. failure to appropriately control climate- no air conditioning or appropriately control climate- no air conditioning or poor heating system)poor heating system)

Failure to maintain control of student behavior Failure to maintain control of student behavior leading to chaotic learning environmentleading to chaotic learning environment


(Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Clear classroom rules and routines that are understood Clear classroom rules and routines that are understood by the studentby the student

Enforcement of rules that enhance the likelihood that Enforcement of rules that enhance the likelihood that the student will comply with these rulesthe student will comply with these rules

Monitoring of student’s compliance with the rulesMonitoring of student’s compliance with the rules Student’s ability to manage his/her behaviorStudent’s ability to manage his/her behavior Student participation in the establishment of classroom Student participation in the establishment of classroom

rulesrules Sufficient time allocationSufficient time allocation Productive use of timeProductive use of time


(Ysseldyke & Christenson, 2002)(Ysseldyke & Christenson, 2002)

Positive, safe, and cooperative classroom environmentPositive, safe, and cooperative classroom environment Reminders about expected behavior in advance of a Reminders about expected behavior in advance of a

lessonlesson Classroom management allows for an academic focus Classroom management allows for an academic focus

(e.g., direct teaching of skills and concepts) and high (e.g., direct teaching of skills and concepts) and high rates of productivity (e.g., content coverage, work rates of productivity (e.g., content coverage, work completion) completion)

Adequate opportunity to practice with appropriate materials Adequate opportunity to practice with appropriate materials and achieve a high success rateand achieve a high success rate

Importance of classroom tasks in achieving instructional Importance of classroom tasks in achieving instructional goalsgoals

Relatively immediate feedback and specific information on Relatively immediate feedback and specific information on his / her performance or behaviorhis / her performance or behavior

Active engagement in responding to academic contentActive engagement in responding to academic content

Environmental Disadvantage DomainEnvironmental Disadvantage Domain Impact of Risk and Relationship with Exclusionary FactorsImpact of Risk and Relationship with Exclusionary Factors

SOURCE: U.S. Department of Education, National Center for Education Statistics, Early Childhood Longitudinal Study, Kindergarten Class of 1998–99 (ECLS-K), Longitudinal Kindergarten-First Grade Public-Use Data File and Third Grade Restricted-Use Data File, fall 1998, spring 1999, spring 2000, and spring 2002.

Environmental Disadvantage DomainEnvironmental Disadvantage Domain Parents may work multiple jobs and have limited to no Parents may work multiple jobs and have limited to no

time to be involved in child’s educationtime to be involved in child’s education Student may take on great responsibilities at home, Student may take on great responsibilities at home,

such as caring for younger siblings while parents are such as caring for younger siblings while parents are working, and have little time for schoolwork.working, and have little time for schoolwork.

Poor children often have limited access to educational Poor children often have limited access to educational materials (e.g. books, computers, games) at home and materials (e.g. books, computers, games) at home and spend more time watching televisionspend more time watching television

Student may be working after school and find little time Student may be working after school and find little time to devote to schoolwork.to devote to schoolwork.

Student may be living in impoverished neighborhood Student may be living in impoverished neighborhood that lacks supportive community services that provide that lacks supportive community services that provide educational experiences (e.g. libraries, YMCA, after-educational experiences (e.g. libraries, YMCA, after-school programs)school programs)

Environmental Disadvantage DomainEnvironmental Disadvantage Domain

At home, are high, realistic expectations about At home, are high, realistic expectations about schoolwork communicated to the child? Is the value schoolwork communicated to the child? Is the value of effort and working hard in school emphasized?of effort and working hard in school emphasized?– ExpectationsExpectations– EncouragementEncouragement– ReinforcementReinforcement

Is there an authoritative approach to discipline? Is Is there an authoritative approach to discipline? Is the child monitored and supervised?the child monitored and supervised?

Is there an educative home environment, in which Is there an educative home environment, in which others participate in the child’s schooling and others participate in the child’s schooling and learning?learning?

Are there organization and daily routines that Are there organization and daily routines that facilitate the completion of schoolwork and support facilitate the completion of schoolwork and support for the child’s academic learning?for the child’s academic learning?

Economic DisadvantageEconomic Disadvantage Students from low SES areas are exposed to a Students from low SES areas are exposed to a

larger number of risk factors, such as:larger number of risk factors, such as:– ViolenceViolence– More crimeMore crime– Physical / neighborhood hazards Physical / neighborhood hazards – Family disruption and divorceFamily disruption and divorce– Separation from familySeparation from family– A general more punitive parenting styleA general more punitive parenting style– Less likely to have well-qualified teachersLess likely to have well-qualified teachers– Increased exposure to toxins / air pollutionIncreased exposure to toxins / air pollution– Auditory pollutionAuditory pollution– Number of people in the homeNumber of people in the home– Lower number of educational materials in the homeLower number of educational materials in the home– Less exposure to printLess exposure to print– Lack of access to computersLack of access to computers– Reduced municipal servicesReduced municipal services– Overcrowded schools / lack of educational funding Overcrowded schools / lack of educational funding

Economic DisadvantageEconomic Disadvantage Parents may work multiple jobs and have limited to Parents may work multiple jobs and have limited to

no time to be involved in child’s educationno time to be involved in child’s education Student may take on greater responsibilities at Student may take on greater responsibilities at

home, such as caring for younger siblings while home, such as caring for younger siblings while parents are working, and have little time for parents are working, and have little time for schoolwork.schoolwork.

Student may be working after school and find little Student may be working after school and find little time to devote to schoolwork.time to devote to schoolwork.

Student may be living in impoverished Student may be living in impoverished neighborhood that lacks supportive community neighborhood that lacks supportive community services that provide educational experiences (e.g. services that provide educational experiences (e.g. libraries, YMCA, after-school programs)libraries, YMCA, after-school programs)

Economic DisadvantageEconomic Disadvantage Fewer opportunities to take part in extracurricular Fewer opportunities to take part in extracurricular

activities that provide educational experiences and activities that provide educational experiences and adult mentors (e.g. girl/boy scouts, music lessons, adult mentors (e.g. girl/boy scouts, music lessons, soccer team)soccer team)

Greater exposure to and affiliation with deviant Greater exposure to and affiliation with deviant peerspeers

Foster or institutionalized care is more common, Foster or institutionalized care is more common, leading to greater instability which negatively leading to greater instability which negatively impacts school performanceimpacts school performance

Tend to be read to less and experience fewer Tend to be read to less and experience fewer supportive parent behaviors (e.g. encouragement supportive parent behaviors (e.g. encouragement to count and learn the ABCs)to count and learn the ABCs)

Economic DisadvantageEconomic Disadvantage Per-pupil school expenditure is strongly tied to Per-pupil school expenditure is strongly tied to

financial advantage (e.g. students living in financial advantage (e.g. students living in suburban areas often receive more money than suburban areas often receive more money than inner-city students)inner-city students)

Increased school absences due to homelessness Increased school absences due to homelessness negatively impacts academic performancenegatively impacts academic performance

Increased exposure to violence and family turmoil Increased exposure to violence and family turmoil may impact school performancemay impact school performance

Separation from family, instability, and chaotic Separation from family, instability, and chaotic households are common realities for children living households are common realities for children living in povertyin poverty

Fewer available social supportsFewer available social supports Less access to healthcareLess access to healthcare

Economic Disadvantage - Impact on Language Economic Disadvantage - Impact on Language DevelopmentDevelopment

Age of Child in Months

40353025201510

Wor

ds A

ssoc

iate

d to

the

Chi

ld p

er H

our

3000

2500

2000

1500

1000

500

0

13 professional parents

23 working-class parents

6 parents on welfare

Cultural DisadvantageCultural Disadvantage Biased assessments (e.g., reliance on standardized Biased assessments (e.g., reliance on standardized

assessments that are not validated for limited assessments that are not validated for limited English speakers)English speakers)

Parents and school may have conflicting Parents and school may have conflicting educational and behavioral expectations/goals for educational and behavioral expectations/goals for child due to cultural differences (e.g. parents may child due to cultural differences (e.g. parents may not value academic learning as highly as compliant not value academic learning as highly as compliant behavior)behavior)

Miscommunication between parents and school Miscommunication between parents and school personnel arising from differing cultural/ethnic personnel arising from differing cultural/ethnic backgrounds backgrounds

Parents may be less involved in child’s education Parents may be less involved in child’s education due to cultural and communication barriers due to cultural and communication barriers

Cultural DisadvantageCultural Disadvantage A student who is a new arrival to the U.S. may be A student who is a new arrival to the U.S. may be

at a disadvantage due to limited exposure to at a disadvantage due to limited exposure to previous educational settings (e.g. Hmong child previous educational settings (e.g. Hmong child who has grown up in a refugee camp)who has grown up in a refugee camp)

Ethnically/racially diverse student may experience Ethnically/racially diverse student may experience differential treatment at school from teachers and differential treatment at school from teachers and students (i.e. institutionalized racism, students (i.e. institutionalized racism, discrimination), impacting academic performance discrimination), impacting academic performance and behavior.and behavior.

The educational policies of the dominant culture The educational policies of the dominant culture maintain the status quo, requiring minority groups maintain the status quo, requiring minority groups to conform to the dominant group’s practices which to conform to the dominant group’s practices which often include subordination and discrimination.often include subordination and discrimination.

Key Questions for Educators, IEP Team, and Key Questions for Educators, IEP Team, and other School Professionals to Askother School Professionals to Ask

The rating scale to be included in the toolkit will guide The rating scale to be included in the toolkit will guide individuals to ask the following questions:individuals to ask the following questions:

1.1. Is this factor present? Is this factor present? • Yes, Partially, or No Yes, Partially, or No

2.2. For how long has this factor been present?For how long has this factor been present? • From the beginning of the student’s educational From the beginning of the student’s educational

experiences. experiences. • For more than one academic year, but not the entire For more than one academic year, but not the entire

time of the student’s educational experiences. time of the student’s educational experiences. • For only the current academic year, For only the current academic year, • Recently (not present at beginning of academic year, Recently (not present at beginning of academic year,

but began at some point after the beginning of the but began at some point after the beginning of the year).year).

Key Questions for Educators, IEP Team, and Key Questions for Educators, IEP Team, and other School Professionals to Askother School Professionals to Ask

3.3. Is this factor contributing to the child’s difficulties?Is this factor contributing to the child’s difficulties?• Yes, Partially, No Yes, Partially, No

4.4. Would this student’s difficulties continue to exist if this Would this student’s difficulties continue to exist if this factor was no longer present?factor was no longer present?

• Yes, definitely; Yes, definitely; • Yes. However, the student’s difficulties would Yes. However, the student’s difficulties would

decrease as a result, but would still remain decrease as a result, but would still remain significant; significant;

• The student’s difficulties would decrease, but it is The student’s difficulties would decrease, but it is unknown to what degree the difficulties would still be unknown to what degree the difficulties would still be present. present.

• No, the removal of this factor would make a No, the removal of this factor would make a significant difference in the student’s difficulties. significant difference in the student’s difficulties.

• No, the removal of this factor would result in the No, the removal of this factor would result in the student’s difficulties no longer being present. student’s difficulties no longer being present.

Exclusionary Factors Lack of Appropriate Instruction

Possible Contributing Factor Example Evidence Source(s)

Is this factor present?1

For how long has this

factor been present?2

Is this factor contributing to the student’s difficulties?3

Would this student’s difficulties continue to exist if this factor was

no longer present?4 If present, how will this be

addressed?

Justification if no data are provided

High absenteeism

Full day absences Partial day absences Tardies In-school suspension days Other absences

1 2 3 1 2 3 4 1 2 3 1 2 3 4 5

Frequent mobility

Number of moves Grade levels

1 2 3 1 2 3 4 1 2 3 1 2 3 4 5

Non-scientifically based curricula

Reading Math Writing

1 2 3 1 2 3 4 1 2 3 1 2 3 4 5

Academic mismatch between grade-level curricula and student skill level


1 2 3 1 2 3 4 1 2 3 1 2 3 4 5

Progress monitoring


1 2 3 1 2 3 4 1 2 3 1 2 3 4 5

1 1-Yes, 2-Partially, 3-No 2 1-From the beginning of the student’s educational experiences, 2-For more than one academic year, but not the entire time of the student’s educational experiences, 3-For only the current academic year, 4-Recently (not present at beginning of academic year, but began at some point after the beginning of the year) 3 1-Yes, 2-Partially, 3-No 4 1-Yes, definitely; 2-Yes, the student’s difficulties would decrease as a result, but would still remain significant; 3-The student’s difficulties would decrease, but it is unknown to what degree the difficulties would still be present; 4-No, the removal of this factor would make a significant difference in the child’s difficulties; 5-No, the removal of this factor would result in the student’s difficulties no longer being present.

Consideration of Exclusionary FactorsConsideration of Exclusionary Factors

Prior to Referral Following Referral

•Lack of appropriate instruction

•Limited English Proficiency

•Environmental Disadvantage

•Cultural Disadvantage

•Economic Disadvantage






•Nonbiased Assessment

* Learner * Instruction * Environmental disadvantage

* Cultural disadvantage * Economic disadvantage

* Classroom and Instruction Environment

From “Day 1”






Toolkit/Guidance DocumentToolkit/Guidance Document Overview of Exclusionary Factors and Nonbiased AssessmentOverview of Exclusionary Factors and Nonbiased Assessment Definitions, Legal Requirements, and Historical PerspectivesDefinitions, Legal Requirements, and Historical Perspectives Purpose of Exclusionary FactorsPurpose of Exclusionary Factors Conceptualization of Exclusionary Factors within the Continuum of Regular Conceptualization of Exclusionary Factors within the Continuum of Regular

Education and Special Education ServicesEducation and Special Education Services Impact of Exclusionary Factors on Academic PerformanceImpact of Exclusionary Factors on Academic Performance Explanation of Consensus Statements Explanation of Consensus Statements How to Consider the Impact of Variable(s) Identified as Exclusionary FactorsHow to Consider the Impact of Variable(s) Identified as Exclusionary Factors

– ProductsProducts• Description and examples of exclusionary factorsDescription and examples of exclusionary factors• Checklist of exclusionary factors and corresponding potential indicatorsChecklist of exclusionary factors and corresponding potential indicators• Rating list of exclusionary factors and corresponding potential indicatorsRating list of exclusionary factors and corresponding potential indicators• Explanation of how to utilize productsExplanation of how to utilize products

– Professional development documents and materialsProfessional development documents and materials– Discussion of how to address these issues with team membersDiscussion of how to address these issues with team members– MiscellaneousMiscellaneous

• How to consider exclusionary factors within RTI modelsHow to consider exclusionary factors within RTI models Case ExamplesCase Examples

– Example 1Example 1– Example 2Example 2– Example 3Example 3

Resources and MaterialsResources and Materials

CONTACT INFORMATIONCONTACT INFORMATIONCraig A. Albers, PhD, NCSPCraig A. Albers, PhD, NCSP

Assistant ProfessorAssistant ProfessorUniversity of Wisconsin-MadisonUniversity of Wisconsin-Madison

School Psychology ProgramSchool Psychology Program316E Educational Sciences316E Educational Sciences1025 West Johnson Street1025 West Johnson Street

Madison, WI 53706Madison, WI 53706

Phone: (608) 262-4586Phone: (608) 262-4586Fax: (608) 262-0843Fax: (608) 262-0843

Email: Email: [email protected]@wisc.edu

Special Thanks to Members of the Special Thanks to Members of the Exclusionary Factors WorkgroupExclusionary Factors Workgroup

Jacqueline Iribarren, Jacqueline Iribarren, Student Services Student Services Coordinator, Coordinator, Middleton/Cross Plains Area Middleton/Cross Plains Area School DistrictSchool District

Dean Heus, School Dean Heus, School Psychologist, Wauwatosa Psychologist, Wauwatosa School DistrictSchool District

Kathy Laffin, DPI Consultant Kathy Laffin, DPI Consultant for Learning Disabilitiesfor Learning Disabilities

Doug Jardine, School Doug Jardine, School Psychologist, CESA 12, Psychologist, CESA 12, AshlandAshland

Eva KubinskiEva Kubinski Craig AlbersCraig Albers

John Hanson, National John Hanson, National Technical Consultant, Harcourt Technical Consultant, Harcourt MeasurementMeasurement

Kathy Halley, School Kathy Halley, School Psychology Coordinator, Psychology Coordinator, Madison Metro SchoolsMadison Metro Schools

Sara Halberg, Madison Metro Sara Halberg, Madison Metro SchoolsSchools

Kim O'Connor, Madison Metro Kim O'Connor, Madison Metro Special Education Special Education Teacher/CoordinatorTeacher/Coordinator

Tom Potterton, RSN/Director, Tom Potterton, RSN/Director, CESA 12 CESA 12

John HumphriesJohn Humphries Jeriann KvapilJeriann Kvapil

slide 1 addressing disproportionality: 2006 summer institute using idea's exclusionary factors...

Documents

special educational

special education evaluation

special education placements

special education programs

appropriate services

ideas exclusionary factors

appropriate level of

iep team toolkit craig