Understanding the Role Race, Language and Poverty Play In Special Education

Race, language and poverty can play a significant role in determining the school experiences of students, and especially the experience of student s with disabilities.

KEY DEFINITIONS Race: A group of people identified as distinct from other groups because of supposed physical or genetic traits shared by the group. Ethnicity: an ethnic group; a social group that shares a common and distinctive culture, religion, language, or the like: Representatives of several ethnicities were present. Poverty: the state or condition of having little or no money, goods, or means of support; condition of being poor.

STARTLING STATISTICS The U.S. Department of Education released four papers data analyzing inequality in school discipline, early learning, college readiness and teacher equity. Some of the key findings, taken straight from those papers. During the 2011 12 school year: Black students accounted for 18 percent of the country s pre-k enrollment, but made up 48 percent of preschoolers with multiple outof-school suspensions. Black students were expelled at three times the rate of white students. Nearly one in four boys of color, excepting Latino and Asian American students, with disabilities received an out-of-school suspension. Black and Latino students accounted for 40 percent of enrollment at schools with gifted programs, but only represented 26 percent of students in such programs. Black students were more than three times as likely to attend schools where fewer than 60 percent of teachers meet all state certification and licensure requirements. Latino students were twice as likely to attend such schools.

Understanding The Role Race, Language And Poverty Play In Education Is Critical For Any Advocate

EDUCATION OUTCOMES

INFORMATION ON THE NUMBER OF STUDENTS AGES 6 THROUGH 21 IN 2013 Total Population ages 6-21 = 67,272,586 Total Population ages 6 through 21 served under IDEA = 5,734,393 Total Percentage of population served = 8.5%

PERCENTAGE OF THE APPLICABLE STUDENT POPULATION IDENTIFIED UNDER THE IDEA White, 8.2 American Indian, 13.3 African American, 11.4 Latino, 8.5

FACTORS THAT HAVE CREATED AND PERPETUATE THE PROBLEM

HISTORY OF RACE AND EDUCATION 1779 Thomas Jefferson proposes a two-track educational system, with different tracks in his words for "the laboring and the learned." Scholarship would allow a very few of the laboring class to advance, Jefferson says, by "raking a few geniuses from the rubbish. 1805 New York Public School Society formed by wealthy businessmen to provide education for poor children. Schools are run on the "Lancasterian" model, in which one "master" can teach hundreds of students in a single room. 1830s By this time, most southern states have laws forbidding teaching people in slavery to read. Even so, around 5 percent become literate at great personal risk.

1865-1877 African Americans mobilize to bring public education to the South for the first time. 1896 Plessyv. Ferguson decision. The U.S. Supreme Court rules that the state of Louisiana has the right to require "separate but equal" railroad cars for Blacks and whites. This decision means that the federal government officially recognizes segregation as legal. One result is that southern states pass laws requiring racial segregation in public schools. 1954 Brown v. Board of Education of Topeka. The Supreme Court unanimously agrees that segregated schools are "inherently unequal" and must be abolished. Almost 45 years later in 1998, schools, especially in the north, are as segregated as ever.

LANGUAGE IMPACTS EDUCATION Non-English speakers are at a significant disadvantage in the public school system. A lack of English language fluency and/or literacy negatively Impacts; Ability to receive parental rights; Meaningful parental participation; and The ability to provide informed Consent.

SYSTEMIC FLAWS IN THE IDEA WITH LANGUAGE BARRIERS There is no requirement in the I.D.E.A. or in its accompanying regulations that requires all IEP documents be translated. The statute and its accompanying regulations contain a number of provisions relevant to the IEP process and translations but fall short of what is needed. 34 CFR 300.322(e) -The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

Disproportionality In The School System

WHAT IS DISPROPORTIONALITY? The over-or under-representation of a given population group, often defined by racial and ethnic backgrounds, but also defined by socioeconomic status, national origin, English proficiency, gender, and sexual orientation, in a specific Population Category. -The Elementary Middle School Technical Assistance Center

Disproportionality & the IDEA IDEA Regulations Data Collection & Analysis Each State must provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State with respect to: The identification of children as children with disabilities The placement in particular educational settings of these children; and The incidence, duration, and type of disciplinary actions, including suspensions and expulsions. [34 CFR 300.646(a)] [20 U.S.C. 1418(d)(1)]

Disproportionality & the IDEA IDEARegulations Review And Revision Of Policies, Practices And Procedures. If the state determines there is significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of these children, the State or the Secretary of the Interior must: Provide for the review and, if appropriate revision of the policies, procedures, and practices used in the identification or placement Require any LEA with significant disproportionality to provide comprehensive coordinated early intervening services to serve children in the LEA, particularly, but not exclusively, children in those groups that were significantly overidentified; and Require the LEA to publicly report on the revision of policies, practices, and procedures. [34 CFR 300.646(b)] [20 U.S.C. 1418(d)(2)]

Disproportionality & the IDEA IDEARegulations Requirement To Disaggregate Data On Suspension And Expulsion Rates By Race And Ethnicity. The State educational agency must examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities: Among LEA's in the State; or Compared to the rates for nondisabled children within those agencies. [34 CFR 300.170(a)] [20 U.S.C. 1412(a)(22)(A)]

Disproportionality & the IDEA IDEARegulations Require States to monitor their LEA's to examine disproportionality. The State must monitor the LEA's located in the State, using quantifiable indicators to examine if disproportionate representation of racial and ethnic groups in special education and related services is the result of inappropriate identification. [34 CFR 300.600(d)(3)] [20 U.S.C. 1416(a)(3)(C)]

HOW CAN YOU SPOT DISPROPORTIONALITY High percentages of eligibility of students of color. Increased pressure to provide services to students of color. Overly harsh disciplinary strategies (including passive aggressive discipline strategies).

WHICH STUDENTS ARE BEING IMPACTED? Black or African American, (also American Indian or Alaska Native, Native Hawaiian or other pacific islander) children ages 6 through 21 are more likely to be identified as having a disability under the IDEA than are the children ages 6 through 21 in all other racial/ethnic groups combined.

Source: U.S. Department of Education Office for Civil Rights CIVIL RIGHTS DATA COLLECTION Data Snapshot: School Discipline. Issue Brief No. 1 (March 2014)

DISPROPORTIONATE IDENTIFICATION African-American children Twiceas likely as Whites and American Indians/ Alaskan natives to be identified as having Intellectual Delay (mental retardation). African-American children Half are more likely than White students to be classified with emotional disturbance.

Student s ages 6-21 who receive special education and are educated in the regular classroom environment for 80% of the school day. White American Indian Latino African American 56.5% 61.9% 60.6% 65.1% 50 55 60 65 70

Student s ages 6-21 who receive special education and are educated in the regular classroom environment for less than 40% of the school day. White 10.9% American Indian Latino African American 0 5 10 11.2% 15 16.2% 17.6% 20

DISPROPORTIONATE DISCLIPINE Black students are suspended and expelled at a rate three times greater than white students. On average, 5% of white students are suspended, compared to 16% of black students With the exception of Latino and Asian American students, more than one out of four boys of color with disabilities (served by IDEA) and nearly one in five girls of color with disabilities receives an out-of-school suspension. Arrests and referrals to law enforcement, by race and disability status: While black students represent 16% of student enrollment, they represent 27% of students referred to law enforcement and 31% of students subjected to a schoolrelated arrest.

Source: U.S. Department of Education Office for Civil Rights CIVIL RIGHTS DATA COLLECTION Data Snapshot: School Discipline. Issue Brief No. 1 (March 2014)

EXERCISE #1 You want to expose disproportionate discipline practices related to minority students so you can force the school system to enact change. Your assignment is to prepare a letter to your State / District asking for data related to disproportionate discipline for minority students. What data do you need? Is the data reported to the State / Federal Government? What means will you use to request information? How will you use this data to expose the injustice?

POVERTY IN AMERICA People with disabilities poverty rate:28.5 percent(adults ages 18-64) (2014). Native American poverty rate: 28.3 percent(2014). African American poverty rate: 26.2 percent,10.8 million people (2014). Hispanic poverty rate: 23.6 percent,13.1 million people (2014). White poverty rate: 10.1percent, 19.7 million people (2014).

SOCIOECONOMIC STATUS, SES Poverty impacts access to a quality education. Research indicates that children from low SES households and communities; Develop academic skills more slowly than children with a higher SES, (Aikens & Barbarin, 2008); Attend schools with high turn over of the best qualified teachers, (Muijs, Harris, Chapman, Stoll, & Russ, 2009); Attend schools with low educational achievement; Are less likely to have well-qualified teachers; and Enter high school 3.3 grade levels behind students from higher SES schools. (Palardy, 2008).

SOCIOECONOMIC STATUS AND FAMILY RESOURCES Low income students are frequently unable to access the same level or quality of supports and services. Children s initial reading competence is correlated with the home literacy environment, number of books owned and parent distress (Aikens & Barbarin, 2008) Lack of resources often means extremely limited access to advocates and attorneys --if procedural compliance leads to substantive FAPE... Not having someone knowledgeable to help you at an IEP can lead to less desirable placements and outcomes. Lacking a viable threat of being able to follow an issue to hearing can impact the bargaining power or the family,

The Impact of Disproportionality Students who begin receiving special education tend to remain in special education where they are likely to encounter a less rigorous curriculum. Lower academic and career outcomes than their peers. Significantly higher high school dropout rates.

DROPOUT RATES OF 16- THROUGH 24- YEAR-OLDS, BY RACE/ETHNICITY: 1990 THROUGH 2013

INCARCERATION RATES

SYSTEMIC BARRIERS Special education perceived as a means of fixing students. High stakes tests are biased toward specific ethnic or racial groups lack of culturally responsive curricula, instruction, and intervention that adequately represent the experiences, contributions, and assets of diverse groups; insufficient professional training to work effectively with diverse students; system characteristics that limit family and community involvement in education; inequitable resource allocation and funding appropriations that favor special education identification; and structural inequities, racism, and systemic bias that disadvantage students

Strategies for Addressing Disproportionality Identifying the scope of the issue. Developing relationships with stakeholders. Overcoming Barriers both known and hidden. Connecting a client s case to broader issues Raising public awareness to the issue Aligning with broader groups and coalitions

Exercise #2 We will present two scenarios to the class and give everyone some time to think about them. We will call on two class members to provide feedback on the questions on the next slide: Scenario #1 The Morgan Family Bi-racial child with African American and White parents. Student had been identified as having a speech impairment and was receiving services under an IEP. School was proposing termination of services, because student lives in a black home and the school opined that there were no speech needs, rather the student was confused by the Black English spoken in the home. The parent is very angry and has called you seeking assistance and support.

QUESTIONS TO CONSIDER What concerns exist with the school s approach? How would you communicate your concerns with family? What information would you collect before moving forward? What steps would you take to determine if this was an isolated situation or a systemic breakdown? What is you plan of advocacy?

Exercise #3 Scenario #1 The Marshall Family Title 1 school with a history of academic failure, (3 consecutive years) and difficulty retaining qualified teachers. The school demographic is 60% white, 30% Latino, 6% African American and 4% other. The student is in the fifth grade and is African American The student has never been identified as having a disability and there are no indications that the student has difficulties accessing the curriculum. The student often talks in a loud voice and is frequently messing around at times when he should be focused on instruction. The school has requested a meeting with the parents to discuss special education and a new school that is better equipped to handle kids like your son The proposed placement is a separate day school placement for kids with emotional / behavioral disabilities and is comprised 100% of students with disabilities.

WRAP UP