2020 NCLD Disproportionality

Inequities in Education:
- Research shows ongoing disparities for students of color, low-income students, and students with disabilities.
- Notable issues in discipline rates and special education enrollment.
Significant Disproportionality:
- A term that describes higher rates of special education identification, placement in restrictive settings, and disciplinary actions among specific racial/ethnic groups.
- Students of color can be misidentified for special education due to inherent biases in assessments and academic policies.
- These inequitable practices lead to negative student outcomes.
Call to Action:
- Education professionals and policymakers need to grasp the extent of these disparities and implement corrective measures.
- Summary includes literature review and policy/action recommendations to address disproportionality in special education.

Three Key Trends:
1. Identification for special education.
2. Educational placement post-identification.
3. Disciplinary actions taken against students.
Identification Overrepresentation:
- Exceptionally high identification rates for students of color (excluding Asian students) compared to White peers.
- American Indian and Alaska Native children have double the identification rates for special education.
- Black students are 40% more likely to be identified with a disability.
Poverty Link:
- Poverty correlates with higher identification rates for disabilities.
- Children below the federal poverty level are more prone to be identified with specific learning disabilities (SLD).
- Adverse Childhood Experiences (ACEs) are contributing factors to risk for disabilities.
- ACEs include economic hardship, parental divorce, neighborhood violence, and more.

Research Findings:
- Recent studies illustrate systemic biases in schools that lead to greater identification for special education among students of color.
- Analysis shows that within the same income bracket, Black and Hispanic students are still more likely to be identified than White students.
- Examples include differences in identification rates for intellectual disabilities (ID) and emotional disturbances (ED).
Disability Categories According to IDEA:
- Categories include Specific Learning Disability (SLD), Speech or Language Impairment (SLI), Other Health Impairment (OHI), Autism Spectrum Disorder (ASD), and more.
- Each category has specific identification percentages in relation to all students with disabilities.

Objective vs. Subjective Disabilities:
- Objective disabilities (vision/hearing impairment) can be assessed scientifically.
- Subjective disabilities (SLD, ID, and ED) rely heavily on evaluator judgment, which can be biased.
Impact of Misidentification:
- Inappropriate placements lead to exposure to lower expectations and limited educational opportunities.
- Social consequences include diminished self-esteem and increased stigma.
- Once misidentified, children often remain in special education throughout their schooling.
Placement Disparities:
- IDEA mandates education in the least restrictive environment, encouraging inclusion in general education settings.
- Data indicate racial disparities exist in placement; some races are more often placed in restrictive environments.

General Education Inclusion:
- Only a third of Black students with disabilities are in general education settings for over 80% of the day when compared to 55% of White students.
- Hispanic and American Indian students also face similar isolation.
Outcomes for Segregated Students:
- Students in general education perform better academically and are more likely to graduate than those in separate classrooms.
- Example: Massachusetts research shows greater on-time graduation for well-inclusive students.

Disciplinary Actions:
- Black, Hispanic, and Native students receive harsher punishments than White peers.
- Black students are three times more likely to be suspended/expelled.
Disproportionate Discipline for Students with Disabilities:
- Black, Native Hawaiian, and multiracial boys with disabilities experience high suspension rates.
- Socioeconomic factors alone do not account for these discrepancies.
Restraint Practices:
- Black students with disabilities, making up 19% of this group, account for 36% of students subjected to physical restraints.
- Two types of restraints are defined: physical and mechanical.

Equity in IDEA Regulations:
- New regulations aim to address racial/ethnic disparities in special education enrollment.
- Concerns arise when implementation is delayed or undermined by regulatory changes.
Monitoring and Assistance:
- Continuous federal monitoring and technical assistance needed for districts with high disparities.

Improving Eligibility Processes:
- Evaluations should address biases and recognize cultural/linguistic differences.
- Training and audits necessary for bias identification in special education referrals.
- Engagement with families for better understanding of contextual influences.
Positive Alternatives to Discipline:
- Emphasis on instructive rather than punitive measures for behavioral issues.
- Focus on implementing frameworks like MTSS, UDL, PBIS, and restorative practices to enhance support.

Diversity in Educators:
- Increased diversity among educators leads to reduced racial discipline disparities.
- Legislative proposals are in place to enhance recruitment/retention of diverse teachers.
- The need for culturally responsive teaching practices to support all students.

Benefits of CRT:
- Recognizes student backgrounds as strengths.
- Linked to positive outcomes in student engagement and achievement.
State Guidelines on CRT:
- States must develop comprehensive guidelines and resources for effective CRT implementation.

Monitoring and Data Reporting:
- Accurate data collection essential for understanding disproportionality.
- Civil Rights Data Collection (CRDC) provides key insights into the inequalities faced by students.
Disaggregation of Data:
- Data must reflect diversity within racial/ethnic groups to address inequities properly.

Impact of Misidentification:
- Misplaced students face long-term educational and social consequences.
- A call for local and federal authorities to acknowledge and correct imbalances in special education practices.