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5 things to know about racial and ethnic disparities in special education Healthy Schools Jan 12 2017

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Each year, roughly 6 million students with disabilities, ages 6 to 21, receive services

under the Individuals with Disabilities Education Act (IDEA). Although special

education is a source of critical services and supports for these students, students

of color with disabilities still face a number of obstacles impeding their ability to

succeed in school. In 2015, only 3 percent of black and Hispanic 12th -grade

students with disabilities achieved proficiency in reading, while practically none

achieved proficiency in math.

In late December 2016, the U.S. Department of Education issued final rules to

prompt states to proactively address racial and ethnic disparities in the

identification, placement, and discipline of children with disabilities. That same

month, they released comprehensive legal guidance describing schools’ obligations

under federal civil rights and disabilities studies not to discriminate on the basis of

race, color, or national origin in the administration of special education. To help

educators, school communities, and education officials understand the challenges

prompting these initiatives, here are five critical facts about racial and ethnic

disparities in special education:

There are wide disparities in disability identification by race and ethnicity.

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AUTHOR

Kristen Harper

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In general, students of color are disproportionately overrepresented among

children with disabilities: black students are 40 percent more likely, and American

Indian students are 70 percent more likely, to be identified as having disabilities

than are their peers. The overrepresentation of particular demographics varies

depending on the type of disability, and disparities are particularly prevalent for so-

called high-incidence disabilities, including specific learning disabilities and

intellectual disabilities. Black students are twice as likely to be identified as having

emotional disturbance and intellectual disability as their peers. American Indian

students are twice as likely to be identified as having specific learning disabilities,

and four times as likely to be identified as having developmental delays. Research

does not support the conclusion that race and ethnic disproportionality in special

education is due to differences in socioeconomic status between groups. Efforts to

reduce disparity, then, should support more widespread screening for

developmental delays among young children, and should assist educators in

identifying disabilities early and appropriately to address student needs. One study

found that 4-year-old black children were also disproportionately

underrepresented in early childhood special education and early intervention

programs.

Many children of color with disabilities experience a segregated education system.

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While children with disabilities have been placed in more inclusive education

settings since the early 1990s, progress toward inclusion has not improved over

the last decade, specifically. To ensure greatest access to rigorous academic

content, IDEA statute requires that children with disabilities receive their

education in the least restrictive environment, alongside children without

disabilities to the maximum extent appropriate. However, in 2014, children of color

with disabilities—including 17 percent of black students, and 21 percent of Asian

students—were placed in the regular classroom, on average, less than 40 percent of

the school day. By comparison, 11 percent of white and American Indian or Alaskan

Native children with disabilities were similarly placed.

In a single year, 1 in 5 black, American Indian, and multiracial boys with disabilities were suspended from school.

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According to the U.S. Department of Education’s 2013 to 2014 Civil Rights Data

Collection, students with disabilities (12 percent) are twice as likely as their peers

without disabilities (5 percent) to receive at least one out-of-school suspension.

Suspension from school is associated with an increased risk of dropout, grade

retention, and contact with the juvenile justice system. To ensure students’ access

to a free and appropriate public education, as promised by IDEA, schools should

take care to address both academic and behavioral needs in the development of

students’ individualized education programs (IEPs).

IDEA provisions intended to address racial and ethnic disparities are underused.

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For example, Section 618(d) of IDEA requires states to identify school districts with

significant disproportionality, by race or ethnicity, in the identification, placement,

or discipline of children with disabilities. Such school districts must reserve 15

percent of federal funds provided under IDEA, Part B to implement comprehensive,

coordinated early intervening services to address the disparity. However,

according to the U.S. Department of Education and the U.S. Government

Accountability Office, each year, 3 percent or less of all school districts are

identified as having significant disproportionality. In 2013, 75 percent of the

identified school districts were located in seven states. That same year, 22 states

did not identify any districts with significant disproportionality. While there is no

consensus definition of significant disproportionality – as the term refers to an

IDEA legal standard, to be decided on by states, the U.S. Department of Education

published preliminary data identifying extensive racial and ethnic disparities in

every state in the union. Under the new final rule from the U.S. Department of

Education, all states will be required to follow a standard approach to define and

identify significant disproportionality in school districts.

Greater flexibility to implement comprehensive, coordinated early intervening services (CEIS) may help school districts address special education disparities, and improve academic outcomes for children of color with disabilities.

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Historically, school districts with significant disproportionality were prohibited

from using comprehensive CEIS to address the needs of preschool children or

children with disabilities. Such restrictions would have prevented schools from

using comprehensive CEIS for training IEP teams to build better behavioral

supports into students’ IEPs, even to address placement or discipline disparities.

Such restrictions would also have prevented efforts to identify and serve preschool

children in order to prevent future disparities in disability identification. Under the

new final rule, school districts may implement comprehensive CEIS in a manner

that addresses identified racial and ethnic disparities, which may include activities

that support students with disabilities and preschool children.

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