[Abstract]
Monitoring requirements in the 1997 amendments to and 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA) acknowledged the existence and extent of racial/ethnic disproportionality in special education, especially when, in 2004, Congress designated this concern among the top three priority areas for monitoring and enforcement of the law. However, federal interpretations of the 2004 requirements have created confusion at the State (SEA) and Local Education Agency (LEA) levels. This article analyzes data from state Annual Performance Reports to assess the progress made in identifying disproportionality. Though high levels of disproportionality remain, an increasing number of states are finding no LEAs with disproportionality when it must be shown that the disproportionality was caused by inappropriate identification. The analyses provided suggest that federal interpretations of IDEA 2004 have not been effective in addressing disproportionate representation in special education. Recommendations for improving policy to remedy this serious problem are provided.
[Recommendations section]
"Systemic Remedies for Systemic Failure
OSEP must take definitive steps to provide uniformity in
identifying and reporting disproportionality by the states,
eliminating inconsistencies in policies and assuring alignment of Congressional intent in the IDEA that states and districts address all “inappropriate” contributing factors and take meaningful action toward prevention. To that end, a practical method for local data collection and interpretation of data in annual public reporting down to the district level is needed. Comprehensive intervention programs are advised to address interactions of student characteristics, teacher capabilities and attitudes, and unanalyzed sources of structural inequity and racial stereotype. Schools should implement culturally responsive approaches to improve academic and behavioral outcomes in general and to reduce measured inequity. The OSEP mandate for the collection, monitoring, and reporting of disaggregated data (as per the IDEA) should be continued.
Recommendations for Policy
The following policy recommendations are offered to improve methods for identifying and the disproportionate
representation of minority students in special education
identification, more restrictive placements, and school
discipline." [Eleven policy recommendations are offered.]