What Is Disproportionality?
According to the National Education Association (NEA), “disproportionality is the over- and under-representation of culturally and linguistically diverse children (CLD) in special education and gifted and/or talented programs.”1
The Individuals with Disabilities Education Act (IDEA 2004) requires states and local education agencies (LEAs) to take steps to address disproportionality, the overrepresentation of a particular racial or ethnic group in one of four areas:
Special education in general
Special education within a specific disability category;
Disciplinary action; or
More restrictive environments.
Recognizing that disproportionality exists is the first step to ensuring that everyone has access to the resources and support they need.
The long-term impacts of inequities and disproportionality lead to lower academic expectations and achievement, higher dropout rates, limited educational access, as well as social, emotional, and behavioral challenges.
What Does “Significant Disproportionality” Look Like In Schools?
The Equity in federal regulations, adopted in 2016 by the Office of Special Education Programs (OSEP), requires states to determine annually if local education agencies (LEAs) are identified with significant disproportionality. The regulations outline specific requirements related to methods for identifying LEAs and activities they must complete after they are identified. Activities include the use of Individuals with Disabilities Education Act (IDEA) funds for mandatory Comprehensive Coordinated Early Intervening Services (CCEIS) to address the disproportionality.2
In California for example, an LEA is identified as “Significantly Disproportionate” if they are ‘Disproportionate’ three sequential years for the same racial and ethnic group in the same element or indicator.
Understanding the Indicators
Specific areas of disproportionality:
Indicator 4a: Discipline Rate: Overall - Significant discrepancy in the rate of suspensions and expulsions of greater than 10 days in a school year for students with disabilities.
Indicator 4b: Discipline Rate by Race or Ethnicity - Significant discrepancy by race or ethnicity, in the rate of suspensions and expulsions of greater than 10 days in a school year for students with disabilities.
Indicator 5c: Educational Environments, Separate Setting - Percentage of students with disabilities ages 6-22 and 5-year-olds in kindergarten/Transitional Kindergarten served in private separate schools, residential facilities or homebound/hospital placements.
Indicator 9: Disproportionate Representation: Overall - Disproportionate representation of racial and ethnic groups receiving special education and related services as a result of inappropriate identification.
Indicator 10: Disproportionate Representation by Disability - Disproportionate representation of racial and ethnic groups in specific disability categories as a result of inappropriate identification.
An example of a comprehensive guide to the compliance indicators in special education was developed by the System Improvement Lead project in California, entitled State Performance Plan Indicator Guide. The guide explains the data sources, how results are calculated, provides targets for each indicator, and compares and contrasts with dashboard indicators.
For a more comprehensive resource to help clarify the differences and similarities among the equity requirements and enable users to compare and contrast, refer to this table for information regarding methodology, data sources, and reporting considerations for each of the equity requirements.
Many states have embraced a process similar to the Compliance Improvement Monitoring (CIM) process, designed to ensure that LEAs, with differentiated levels of involvement and review, examine a wide range of both compliance and performance data and identify the root causes of disproportionality so that an effective improvement action plan can be developed and implemented.3
True Equity is More Than Merely Correcting a Compliance Item
As stated above, Federal regulations require that LEAs identified as Significantly Disproportionate must, complete a Comprehensive Coordinated Early Intervening Services (CCEIS) plan to address their disproportionality, using Individuals with Disabilities Education Act (IDEA) funds for activities to ensure equity within their system.
CCEIS is a multi-year process, beginning with a Root Cause Analysis, intended to provide a path to examining the beliefs and structures within the LEA that have fostered bias and practices that have promoted inequities. The district team, inclusive of staff and multiple educational partners, develops a plan to implement systems and supports that foster equity and provide all students with access and opportunity.
Far from merely correcting a compliance item, this work needs to focus on the deeper implications of the inequitable outcomes in education produced by inequitable practices rooted in bias. The work begins with facilitating conversations with leadership and multiple educational partners and delving into definitions of educational equity, implicit bias, and structural racism. Districts are encouraged to develop a communication plan, ensuring multiple educational partners are informed and involved in the cultural shift.
In our experience, leadership and multiple educational partners need to review district data (statistical data as well as policies, procedures, and practices) and conduct a root-cause analysis to identify systems of inequity. Additionally, teams should identify the necessary interventions, such as consulting, coaching, and training in the areas of diversity, equity, and inclusion to bring about sustainable change and improved outcomes for students.
From the root cause analysis, the writing of an action plan, and implementation, LEAs find that addressing significant disproportionality increases collaboration between administration, staff, and multiple educational partners. Ultimately, mindsets shift and student outcomes improve!
Our Proven Process
CLS has a Proven Track Record of Success
Over the past 14+ years, Collaborative Learning Solutions (CLS) has consulted with over 60 districts identified as Significantly Disproportionate to provide Technical Assistance through the implementation phase of their improvement plans.
Our data shows that since 2020, we have successfully served 26 unique identification types with a 74.3% success rate. Of those served, 73% had their identification areas resolved within 2 years and 54% within 1 year.
If your district is experiencing disproportionality or significant disproportionality and you want to learn how we can assist, please feel free to reach out. We’re here to support you!
Contact Us for more information about our Support Services.
Dr. Jon Eyler, Technical Assistance Facilitator for Significant Disproportionality
Dr. Kathy Cox, Technical Assistance Facilitator for Significant Disproportionality
Jeanne Bargman, Technical Assistance Facilitator for Significant Disproportionality
