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Page 1: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who
Page 2: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

WHY SHOULD YOU CARE ABOUT RACIAL DISPARITIES IN SPECIAL EDUCATION?

• Racial inequities affect the efforts of any attorney, advocate or

parent.

• Disproportionality is devastating to students of color, primarily

African-American, Latino’s and Native American’s

Page 3: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

WHAT IS DISPROPORTIONALITY IN EDUCATION? The “over- or under-representation of a given population group,

often defined by racial and ethnic backgrounds, but also defined by

socioeconomic status, national origin, English proficiency, gender,

and sexual orientation, in a specific Population Category.”

- The Elementary Middle School Technical Assistance Center

Page 4: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

HOW CAN YOU IDENTIFY DISPROPORTIONALITY

•State level data

•Federal data

•Information from the LEA

•Information by parents, educators, or

community leaders

Page 5: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

KNOWLEDGE IS POWER, KNOW THE KEY THINGS TO LOOK FOR

•High percentages of eligibility of students of color.

•Increased pressure to provide services to students of color.

•Overly harsh disciplinary strategies (including passive aggressive

disclipine strategies).

Page 6: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

OUTLOOK MATTERS: HAVING A SOCIAL JUSTICE PERSPECTIVE

WHAT DO WE MEAN BY “SOCIAL JUSTICE”?

•Addressing dynamics of oppression, privilege and “isms”

•Recognizing that our world is the product of our history.

•Engaging in the ongoing analysis of the mechanisms of oppression,

and challenging them.

•Recognizing that all groups can and do discriminate.

Page 7: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

KEYS TO BUILDING A SOCIAL JUSTICE PERSPECTIVE

•We must acknowledge there is a problem.

•Self-reflection is a critical component.

•"This is a lifelong project and is not achieved at the completion of

an article, workshop, or conference”.

Page 8: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

SYSTEMIC BIASES THAT PROMOTE AN IMBALANCE OF POWER AND LEAD TO DISPROPORTIONALITY

•The IEP table!

•The reimbursement model

•High stakes testing

•Institutional bias

•Systemic remedies

Page 9: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

OUR NATIONS HISTORY WITH RACE IMPACTS RACIAL EQUITY IN SPECIAL EDUCATION TODAY

•Constitutional Implications - the equal protection clause of the

fourteenth amendment and the fifth amendment due process

clause.

•Emphasis on “color-blind” policies.

•The confusion between diversity and equity?

•Bias

Page 10: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

THE IMPACT OF DISPROPORTIONALITY •Students who begin receiving special education tend to remain in

special education where they are likely to encounter a less

rigorous curriculum.

•Lower academic and career outcomes than their peers.

•Significantly higher high school dropout rates.

Page 11: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

Information on the number of students ages 6 through 21 in 2013

•TOTAL POPULATION AGES 6 - 21 = 67,272,586

•TOTAL POPULATION AGES 6 THROUGH 21 SERVED

UNDER IDEA = 5,734,393

•TOTAL PERCENTAGE OF POPULATION SERVED = 8.5%

Page 12: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

PERCENTAGE OF THE APPLICABLE STUDENT POPULATION IDENTIFIED UNDER THE IDEA

African

American

, 11.4

Latino, 8.5 American

Indian, 13.3

White, 8.2

Page 13: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

Student’s ages 6 - 21 who receive special education and are educated in the regular classroom environment for 80% of the school day.

African American

Latino

American Indian

White

52 54 56 5860

6264

66

56.5%

60.6%

61.9%

65.1%

Page 14: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

Student’s ages 6 - 21 who receive special education and are educated in the regular classroom environment for less than 40% of the school day.

African American

Latino

American Indian

White

05

1015

20

17.6%

16.2%

11.2%

10.9%

Page 15: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

OTHER IMPACTS OF DISPROPORTIONALITY •Disparate discipline and law enforcement involvement with

minority students.

•The school to prison pipeline.

•Other concerns.

Page 16: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

WHICH STUDENTS ARE BEING IMPACTED?

Black or African American, (also American Indian or

Alaska Native, Native Hawaiian or other pacific

islander) children ages 6 through 21 are more likely

to be identified as having a disability under the IDEA

than are the children ages 6 through 21 in all other

racial/ethnic groups combined.

Page 17: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

STRATEGIES FOR ADDRESSING DISPROPORTIONALITY

•Identifying possible barriers.

•Connect your client’s case to larger issues.

• Find others focused on disproportionality.

•When possible, align your case with the work of broader groups

and coalitions.

Page 18: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

RESOURCES OSEP guidance & other technical assistance

•OSEP memorandum 07-09 “disproportionality of racial and ethnic

groups in special education”

•Data accountability center - methods for assessing racial/ethnic

disproportionality in special education - A technical assistance

guide (revised)

•Disproportionality & over-identification -

file:///C:/users/dj%20office/downloads/disproportionality%202-2-

07.Pdf

Page 19: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

Disproportionality that is the result of inappropriate identification

• 20 U .S .C. 1416(a)(3)(c)

• 34 CFR §300 .173

• 34 CFR §300 .600(d)(3)]

Significant disproportionality identified through the collection and examination of data

• 20 u .S.C . § 1418(d)

• 34 cfr §300 .646(b)]

Required policies & procedures

• 34 cfr 300.8

• 34 cfr 300.173

• 20 U.S.C. 1412(a)(24

APPLICABLE LAW

Page 20: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

REQUIRED COLLECTION AND REVIEW OF DATA

• 34 CFR §300.646(B)(1) & 34 CFR §300.646(B)

• 20 U.S.C. 1418(D)(2)

REQUIREMENT TO DISAGGREGATE DATA ON SUSPENSION AND EXPULSION RATES BY

RACE AND ETHNICITY

• 34 CFR §300.170(A)

• 20 U.S.C. 1412(A)(22)(A)

STATES ARE REQUIRED TO MONITOR THEIR LEA'S TO EXAMINE DISPROPORTIONALITY

• 34 CFR §300.600

• 20 U.S.C. 1416(A)(3)(C)

APPLICABLE LAW

Page 21: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

FINAL THOUGHTS…

Disproportionality in special education has had a devastating effect

on students of color, for decades this issue has not been addressed

and has led to overwhelming segregation, inferior educational

resources, and poor educational outcomes. Students of color are

counting on you to use the information you learned today to

effectuate change in your community, state and across the country.

Page 22: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

QUESTION & ANSWER

Page 23: WHY SHOULD YOU CARE ABOUT EDUCATION?...STUDENT POPULATION IDENTIFIED UNDER THE IDEA African American, 11.4 Latino, 8.5 American Indian, 13.3 White, 8.2 Student’s ages 6 - 21 who

CONTACT INFORMATION:

DAVID JEFFERSON [email protected]

GLORIA PEREZ-STEWART

[email protected]