FACT SHEET: Equity in IDEA | U.S. Department of Education

12/12/16

The U.S. Department of Education today made available to the public final regulations under Part B of the Individuals with Disabilities Education Act (IDEA), aimed at promoting equity by targeting widespread disparities in the treatment of students of color with disabilities. The regulations will address a number of issues related to significant disproportionality in the identification, placement, and discipline of students with disabilities based on race or ethnicity. The Department is also releasing a new Dear Colleague Letter addressing racial discrimination.

“Children with disabilities are often disproportionately and unfairly suspended and expelled from school and educated in classrooms separate from their peers,” said U.S. Secretary of Education John B. King Jr. “Children of color with disabilities are overrepresented within the special education population, and the contrast in how frequently they are disciplined is even starker.”

King added, “Today’s new regulations and supporting documents provide the necessary guidance and support to school districts and build upon the work from public education advocates and local leaders who believe, like we do, that we need to address racial and ethnic disparities in special education. This important step forward is about ensuring the right services get to the right students in the right way.”

In order to address those inequities, IDEA requires states to identify districts with “significant disproportionality” in special education—that is, when districts identify, place in more restrictive settings, or discipline children from any racial or ethnic group at markedly higher rates than their peers.

Children of color—particularly African-American and American Indian youth—are identified as students with disabilities at substantially higher rates than their peers. It is critical to ensure that overrepresentation is not the result of misidentification, including both over- and under-identification, which can interfere with a school’s ability to provide children with the appropriate educational services required by law. It is equally important to ensure that all children who are suspected of having a disability are evaluated and, as appropriate, receive needed special education and related services in the most appropriate setting and with the most appropriate discipline strategies employed.

Source: U.S. Department of Education

Available at: https://www.ed.gov/news/press-releases/fact-sheet-equity-idea?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

Preventing Suspensions and Expulsions in Early Childhood Settings | An Administrator’s Guide to Supporting All Children’s Success

1/3/2017

Purpose of The Guide:

Suspensions and expulsions of young children are not developmentally appropriate practices. Yet, recent data indicate that suspension and expulsion occur regularly in early childhood settings. These exclusionary practices, which disproportionately impact children of color, deprive children of valuable learning experiences and have a negative impact on children’s development that extends into grade school and beyond. Eliminating all forms of exclusion is urgent and vital to preparing all children for success. The U.S. Department of Health and Human Services (HHS) and U.S. Department of Education (ED) have made this a key priority and issued a Joint Policy Statement on Expulsion and Suspension Policy in Early Childhood Settings.

The purpose of this guide is to provide relevant, specific recommended policies and practices that are actionable and address the underlying root causes and provide effective alternatives. The recommended policies and practices are based on the most important research for eliminating suspensions and expulsions in early childhood settings and were developed with guidance from a panel of national experts.

Using the interactive guide, program leaders can find resources on supporting social-emotional development, reducing challenging behavior, recognizing the role of cultural differences and implicit biases, and more.

The guide is intended for those most likely to make an impact and with a great need for resources: early education program leaders in center-based settings who implement policies and procedures and promote practices; however, anyone seeking to learn more about strategies for eliminating suspension and expulsion in early childhood settings can benefit from using the guide.

Get Started

The Introduction describes the contents of the guide and provides tips for how to get the most out of the guide. The guide can be read from start to finish, or the individual recommended policies and practices can stand alone. We recognize that implementing all recommended policies and practices may be overwhelming and that programmatic changes often need to occur in stages.

To help you prioritize what recommended policies and practices are most necessary and timely to implement in your program, we have developed a self-assessment. The self-assessment is an optional tool that includes a brief questionnaire to help you reflect on your program’s policies, practices, and needs. The results of the self-assessment will help you reflect on your strengths and needs and provide you a roadmap to navigating the guide.

Source: SRI Education’s Center for Learning and Development

Available at: http://preventexpulsion.org/

Assistance to States for the Education of Children With Disabilities; Preschool Grants for Children With Disabilities; Final Rule

12/19/16

The Secretary amends the regulations under Part B of the Individuals with Disabilities Education Act (IDEA) governing the Assistance to States for the Education of Children with Disabilities program and the Preschool Grants for Children with Disabilities program. With the goal of promoting equity under IDEA, the regulations will establish a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and in its local educational agencies (LEAs); clarify that States must address significant disproportionality in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions, using the same statutory remedies required to address significant disproportionality in the identification and placement of children with disabilities; clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found; and require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities.

Source: Federal Register, Volume 81 Issue 243

Available at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-19/html/2016-30190.htm

#RethinkDiscipline in Early Childhood Settings

10/15/2015

Assistant Secretary Michael Yudin convenes national experts for a discussion about the use of suspensions and expulsions in early childhood settings, and local efforts to end the use of exclusionary discipline for young children. Yudin will be joined by:

Walter Gilliam – Director of the Edward Zigler Center in Child Development and Social Policy

Beth Mascitti-Miller – Chief to Office of Early Childhood Education, Chicago Public Schools

Myra Jones-Taylor – Commissioner of Early Childhood, State of Connecticut

Alison Pepper – Consultant for faith-based and secular early childhood education programs

Source: US Department of Education

Available at: https://www.youtube.com/watch?v=RfzsfbJzjXk

Every Student, Every Day: A National Initiative to Address and Eliminate Chronic Absenteeism

10/14/2015

Chronic absenteeism—or missing at least 10 percent of school days in a school year for any reason, excused or unexcused—is a primary cause of low academic achievement and a powerful predictor of those students who may eventually drop out of school. An estimated five to seven and a half million students miss 18 or more days of school each year, or nearly an entire month or more of school, which puts them at significant risk of falling behind academically and failing to graduate from high school. Because they miss so much school, millions of young people miss out on opportunities in post-secondary education and good careers.

Chronic absenteeism is also an equity issue, and it is particularly prevalent among students who are low-income, students of color, students with disabilities, students who are highly mobile, and/or juvenile justice-involved youth—in other words, those who already tend to face significant challenges and for whom school is particularly beneficial. Moreover, chronic absenteeism is often confused with truancy, which can lead to disproportionate suspensions and expulsions from school and inappropriate referrals of students and families to law enforcement.

In response and in support of the President’s My Brother’s Keeper Initiative (MBK), the U.S. Departments of Education (ED), Health and Human Services (HHS), Housing and Urban Development (HUD), and Justice (DOJ) are launching Every Student, Every Day: A National Initiative to Address and Eliminate Chronic Absenteeism to support coordinated community action that addresses the underlying causes of local chronic absenteeism affecting millions of children in our Nation’s public schools each year. We believe that when a diverse coalition of local stakeholders work together to engage and support students who are chronically absent, youth and family outcomes of entire communities can be dramatically improved. In short, we believe chronic absenteeism in communities is a solvable problem.

ED, HHS, HUD, and DOJ, as part of the Every Student, Every Day initiative, are pleased to release the following resources:

  • Dear Colleague Letter to States, School Districts and Community on the need to reduce chronic absenteeism by at least 10% each year.
  • Every Student, Every Day: A Community Toolkit to Address and Eliminate Chronic Absenteeism. This Toolkit offers information, suggested action steps, and lists of existing tools and resources—including evidence-based resources—for individuals, leaders, and systems to begin or enhance the work of effective, coordinated community action to address and eliminate chronic absenteeism, including actions steps for:
    • Youth
    • Parents and Families
    • Mentors and Volunteers
    • School District Superintendents and Staff, and School Personnel
    • Early Learning Providers
    • Health Care, Public Health & Human Service Agencies & Providers
    • Public Housing Authorities
    • Juvenile Justice and Law Enforcement
    • Homeless Services Providers
    • Mayors and Local Government
    • Community, Faith-Based, and Philanthropic Organizations
  • White House Fact Sheet that includes additional details on Every Student, Every Day, including information on upcoming activities, technical assistance, and events.
  • Every Student, Every Day: A Virtual Summit on Addressing and Eliminating Chronic Absence. The U.S. Department of Education, Attendance Works, Everybody Graduates Center and United Way Worldwide invite you to attend Every Student, Every Day: A Virtual Summit on Addressing and Eliminating Chronic Absence on Nov. 12. This online summit will outline key steps that states, districts and communities can take to improve student achievement by monitoring and reducing chronic absence. Featuring two of the nation’s premiere experts on absenteeism: Johns Hopkins researcher Bob Balfanz and Attendance Works Director Hedy Chang, this virtual summit will:
    • Explain the importance of looking beyond average daily attendance rates to identify students who are missing so much school that they are falling behind academically.
    • Share strategies that work for improving attendance and achievement, including positive messaging, family outreach, student incentives and mentoring programs.
    • Highlight the importance of engaging community partners, such as, health providers and criminal justice agencies.

Balfanz and Chang will also introduce school district leaders who are using these strategies to improve attendance and achievement. The summit is hosted by the United Way Worldwide.

Source: US Department of Education

Available at: http://www2.ed.gov/about/inits/ed/chronicabsenteeism/index.html

Expelled in preschool

2/22/2015

CHICAGO — A few years ago, 4-year-old Danny was on the verge of being expelled from a Chicago preschool for violent behavior when a woman named Lauren Wiley was called in to help.

She met with the boy’s teacher, who thought he needed to be medicated for attention deficit disorder. But as Wiley listened, the teacher admitted she was angry at Danny, whose name has been changed to protect his identity. Her job was to keep her students safe, she said, and the boy’s aggression made her feel like a failure. Next, Wiley and the teacher met with Danny’s mom. As the teacher dropped her judgmental attitude, it came out that Danny had watched his father beat his mother and get taken away in handcuffs. No one had ever talked to the child about what he saw. He did not have ADD. He was reeling from trauma, and he needed his teacher to like him and want to help him, not to be rid of him. That began to happen when she heard his story.

Wiley is an early childhood mental health consultant. The job title often evokes an image of a baby on a couch talking to a therapist, but her work is about listening to adults so they can create an emotionally healthy environment for children. She trains teachers and others who work with young children to recognize the trauma that so often causes misbehavior. She supports them in confronting cultural biases and forging relationships with parents. She shows them how to recognize families’ strengths and promote mental wellness before problems develop. This is particularly significant since we know that “adverse childhood experiences” like violence and family dysfunction predict everything from academic failure to cancer to heart disease.

Source: The Hechinger Report

Available at: http://hechingerreport.org/expelled-preschool/

Are We Closing the School Discipline Gap? — The Civil Rights Project at UCLA

2/23/2015

The main body of this report documents gross disparities in the use of out-of-school suspension experienced by students with disabilities and those from historically disadvantaged racial, ethnic, and gender subgroups. The egregious disparities revealed in the pages that follow transform concerns about educational policy that allows frequent disciplinary removal into a profound matter of civil rights and social justice. This implicates the potentially unlawful denial of educational opportunity and resultant disparate impact on students in numerous districts across the country.

Source: The Civil Rights Project at UCLA

Available at: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/are-we-closing-the-school-discipline-gap/

Reducing Suspension and Expulsion Practices in Early Childhood Settings

12/17/2014

Recent data indicate that expulsions and suspensions regularly occur in preschool settings. This is a problematic issue given the well-established research indicating that these practices can influence a number of adverse outcomes across development, health, and education. In addition, stark racial and gender disparities exist in these practices, with young boys of color being suspended and expelled at much higher rates than other children in early learning programs. These trends warrant immediate attention from the early childhood and education fields. The U.S. Departments of Health and Human Services and Education issued a policy statement and recommendations to assist states and public and private early childhood programs in partnering to prevent and severely limit expulsions and suspensions in early learning settings.

Source: Administration for Children and Families

Available at: http://www.acf.hhs.gov/programs/ecd/child-health-development/reducing-suspension-and-expulsion-practices

Implementing Policies to Reduce the Likelihood of Preschool Expulsion

1/2008

By Walter S. Gilliam

Behavior problems during the preschool years are meaningful predictors of continued behavior problems, poor peer standing, and academic difficulties during Kindergarten.1,2 Fortunately, high-quality early education and intervention programs may prevent severe behavior problems in young children from low-income communities and families.3,4 Yet some preschoolers may begin their early education programs with severe behavioral problems already present, potentially limiting their ability to participate fully and benefit from the early educational experience.5

This policy brief examines factors associated with expulsion from Prekindergarten (PK). Recent research has explored issues regarding the rate at which preschoolers (children ages three to four) are expelled from PK programs, as well as some of the factors associated with expulsion and the effectiveness of mental health consultation to reduce the classroom behavior problems that may lead to expulsion. Although several factors that predict an increased likelihood of expulsion have been described, this brief addresses those factors that may inform changes in policy that can be both implemented and regulated.

Source: Foundation for Child Development

Available at: http://fcd-us.org/sites/default/files/ExpulsionBriefImplementingPolicies.pdf