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Special Education Disproportionality - Procedural Compliance Self-Assessment

Discipline (Indicator 4B and Significant Disproportionality)

If a public agency meets criteria for Indicator 4B and/or the separate, but related, criteria for significant disproportionality in discipline, then WDPI provides for the review and, if appropriate, revision of policies, procedures, and practices used in the disciplinary actions of children with disabilities, to ensure that the policies, procedures, and practices comply with the requirements of the Act. (34 CFR §300.646(b)(1))  Specifically, WDPI ensures compliance with requirements relating to the development and implementation of individualized education programs (IEPs), the use of positive behavioral interventions and supports, and procedural safeguards.

 

Creating the Sample

The Disproportionality-PCSA uses sampling techniques, in part, to develop a representative data set. Sampling is used as a cost-effective method of assessing a public agency’s performance without reviewing information on every child. The information gathered is used to generalize from the sample to all children with disabilities served by the public agency. To increase precision, some samples have been “weighted” to ensure certain subgroups are adequately represented in the sample. WDPI developed interactive sampling calculators and instructions to help LEAs develop racially-disaggregated samples consistent with the requirements, below.

The LEA’s sample is calculated to reflect the racial proportionality of the LEA’s total population of students with disabilities for the previous school year. The year-end total includes all students with disabilities, 3-21, and excludes parentally placed private school students.

The LEA must create race-specific lists of all students with disabilities suspended/expelled at least once during the previous school year. These include:

  • Expulsions,
  • Out-of-school suspensions,
  • Certain in-school suspensions,
  • Certain bus suspensions, and
  • De facto suspensions.

In-school suspensions are included if:

  • The student’s IEP was not implemented; or
  • The student did not participate with nondisabled peers to the extent required by the IEP; or
  • The student did not have the opportunity to appropriately progress in the general curriculum.

A bus suspension is included if the student’s IEP includes transportation as a related service and the LEA did not provide for alternative transportation.

A de facto suspension is included if the student is removed from school or class for not following rules without following the procedures related to suspension.

LEAs should have procedures to accurately track and count de facto suspensions.

See WDPI Information Update Bulletin 06.02 for additional information on discipline requirements at https://dpi.wi.gov/sped/laws-procedures-bulletins/bulletins/06-02.

The lists include all students ages 3-21, as well as those who have graduated or moved. Parentally placed private school students are excluded. The LEA uses the WDPI interactive sampling calculator and random.org to develop a sample that reflects the racial diversity of its population of students with disabilities for the previous school year.

The maximum number of student records reviewed for Indicator 4B or the separate, but related, area of significant disproportionality, is 70 (rounding may occur). In cases where the number of students disciplined within a particular racial category is smaller than the sample size calculated for that particular racial category, the overall sample is adjusted.

 

Reviewing Student Records

IEPs in effect at the end of the previous school year and public agency records are used to conduct the Disproportionality-PCSA (Discipline). The WDPI has standards and directions for each requirement in the Disproportionality-PCSA. The standards and directions are applied by the public agency staff in completing the Disproportionality-PCSA.

Record review checklists have been developed by the WDPI for use with pupil records of students in the samples. The checklists contain requirements relevant for each sample and is recommended, but not required, for LEA use.

Recording forms have been developed to summarize the results from each sample. The recording forms are not required.

All records created for the Disproportionality-PCSA must be maintained for the year in which the self-assessment is completed and for four (4) additional fiscal years (July 1 through June 30).

 

Reporting Results via the Special Education Portal

Click here for general instructions on reporting Disproportionality-PCSA results via the Special Education Portal, 

Special note: When you report via the Disproportionality-PCSA (discipline), you will include the student’s name, race, and length of removal (number of days suspended/expelled).

 

Correcting Noncompliance

Click here for general instructions on correcting noncompliance.

Special note: You must correct student noncompliance as soon as possible.  District-wide noncompliance must be corrected as soon as possible and within one year.

 

Tools for Conducting the Disproportionality - Procedural Compliance Self-Assessment (discipline)

Disproportionality -  Procedural Compliance Self-Assessment Sample Calculator

Special Education Web Portal

Standards and Directions for Assessing Compliance 10/20/14

Options for Required District-Wide Corrective Actions for Disproportionality Compliance Items 10/20/14

Disproportionality-PCSA Discipline Record Review Checklist

Disproportionality-PCSA Recording Forms