Disproportionality in IDEA - Illinois Specific

I hope that this message finds all of you doing well and that you have had a great Fourth of July with your friends and family.  Members of the IAASE Leadership Team wanted to send you some information about an important issue that will be in hitting your inbox in the coming weeks – Significant Disproportionality.

Background Information

As you likely know, during the Obama administration, a new rule was put into place called “Equity in IDEA.”  The crux of the rule was that states needed to take a harder look at disproportionality through the use of a common risk ratio.  There is a significant body of evidence to support the idea that students of color are being over identified for special education services.  In 2017, members of the Trump administration sought to delay the new rule for two years (until July 1, 2020).  The administration ultimately issued notice of its delay on July 3, 2018 and was promptly sued by the Council of Parents Advocates and Attorneys (COPAA).  In March of 2019, a federal judge ruled in favor of COPAA and ordered the Equity in IDEA rule to be implemented immediately.  While the Trump administration plans to appeal, they are still responsible for gathering data from states regarding disproportionality and, in fact, it is in their best interest to do so.

Current Situation

As required by federal law, the team from Special Education at ISBE has implemented the rule and run the disproportionality numbers for every school district in the state.  It’s a complicated equation that involves the number of special education eligible students, the number of students of color, proportions of students who have been subject to exclusionary discipline, and a host of other factors.  In fact, there are close to 100 ways that a school district can be found to be disproportionate. 

Just the Facts

When the state ran the numbers, they identified 32 school districts across the state that were identifying or using discipline with students with disabilities disproportionately.  That number is up – significantly – from prior years where just a few districts were identified.  Members of the IAASE Leadership Team had the opportunity to review the list of school districts and we know that the districts are in far southern Illinois and they are in far northern Illinois.  They’re in big towns and small.  They serve students from low-income backgrounds and students from upper middle-class backgrounds.

Why it Matters

Districts who are cited for significant disproportionality are required to use 15% of their IDEA dollars toward addressing the issue.  That’s a big burden and it’s one of the reasons why our national affiliate, CASE, is working together with state organizations like IAASE to get this issue addressed.  It’s also why we had a small group of directors meet with Assistant Secretary of Education, Johnny Collett, when he was at our conference last year.  Our organizations firmly believe that there should be some sort of early warning system in place and that using IDEA dollars alone for an issue that isn’t always rooted in special education doesn’t seem appropriate.

What’s Next?

Districts who have been identified as having disproportionality have been contacted by ISBE and are receiving technical assistance.  Additionally, in the coming weeks, ISBE will be sending ALL school districts information about where they stand with regard to disproportionality so that you may have an early warning as a district director about whether or not you are identifying or disciplining students of color at a disproportionate rate.  We will plan to hold a conference session or two about this issue at the Fall Conference and we will partner with school districts when possible to support them in addressing issues of disproportionality.

It’s important to know – especially if this is your first year – that what we have learned about this issue is that through addressing disproportionality, it can make your district better.  The process of reflecting on your own data and beliefs about students is helpful in supporting students with disabilities across the state.  While you might be groaning now, just know that this is an important issue and that all of us are here to help in the weeks and months to come.