[SE-Dir] OSL&P: Findings of Disproportionality

[ALLRAN Laura]

TO:       All District and ESD Special Education Directors

The message below is being forwarded to you on behalf of:


Nancy Latini, PhD
Assistant Superintendent
Student Learning & Partnerships
______________________________________________
March 31, 2009

RE:  Findings of Disproportionality

On February 23, 2009, ODE posted Oregon's formula for calculating significant disproportionality in race and ethnicity in Special Education.  This formula will be used to determine whether a district demonstrates significant disproportionality within its Special Education population--by race and ethnicity.  Significant disproportionality is determined according to how it impacts the student population in one or more of four possible ways:  a) overall, b) by disability, c) relative to least restrictive environment , and d) by incidence, duration, and type of disciplinary actions.

This formula was presented during feedback sessions at the 2008 Oregon Fall Special Education Conference for School Administrators.  Additional information was also presented during Systems Performance Review and Improvement (SPR&I) trainings in the fall of 2008 and mentioned at the Data meetings statewide.  This formula is now in effect.  You can locate the formula at http://www.ode.state.or.us/search/page/?id=653.

The determination of significant disproportionality is a federal requirement for all states and is a separate obligation from the existing obligation to monitor disproportionate representation through the state's special education monitoring system.

The implementation of this formula will result in three steps for a district found with significant disproportionality. Districts will then be required to:
1) Provide for the review and (if appropriate) revision of policies, procedures, and practices;
2) Reserve the maximum amount of funds (up to 15%) * to be used for early intervening services (EIS); and
3) Publicly report on the revision of the policies, procedures, and practices.

Notification of determination of significant disproportionality will come by letter from the Department by April 15, 2009. This letter will include specific fiscal sanctions if 2009-2010 allocations are known at that time. If not, a separate letter outlining fiscal sanctions will follow when allocation amounts are known.

*A finding of significant disproportionality, under the IDEA, requires the Oregon Department of Education to impose fiscal sanctions on the district, including restricting the ability of the district to lower its maintenance of effort base, removing the option of the district to use 15% of the IDEA grant for permissive EIS activities, and then requiring the district to utilize that 15% of its IDEA grant to primarily target the specific disproportionality issue.

For further clarification, contact Dianna Carrizales at dianna.carrizales at state.or.us<mailto:dianna.carrizales at state.or.us>

If you have any difficulty opening the above links, please contact Laura Allran at laura.allran at state.or.us<mailto:laura.allran at state.or.us> or 503-947-5674.

Messages to and from this e-mail address may be made available to the public under Oregon law.
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