(1)
Definitions.
"Alternate risk ratio" is a calculation
performed by dividing the risk of a particular outcome for children in one
racial or ethnic group within an LEA by the risk of that outcome for children
in all other racial or ethnic groups in the state.
"Comparison group" consists of the
children in all other racial or ethnic groups within an LEA or within the
state, when reviewing a particular racial or ethnic group within an LEA for
significant disproportionality.
"Minimum cell size" is the minimum number
of children experiencing a particular outcome, to be used as the numerator when
calculating either the risk for a particular racial or ethnic group or the risk
for children in all other racial or ethnic groups.
"Minimum n-size" is the minimum number of
children enrolled in an LEA with respect to identification, and the minimum
number of children with disabilities enrolled in an LEA with respect to
placement and discipline, to be used as the denominator when calculating either
the risk for a particular racial or ethnic group or the risk for children in
all other racial or ethnic groups.
"Risk" is the likelihood of a particular
outcome (identification, placement, or disciplinary removal) for a specified
racial or ethnic group (or groups), calculated by dividing the number of
children from a specified racial or ethnic group (or groups) experiencing that
outcome by the total number of children from that racial or ethnic group or
groups enrolled in the LEA.
"Risk ratio" is a calculation performed by
dividing the risk of a particular outcome for children in one racial or ethnic
group within an LEA by the risk for children in all other racial and ethnic
groups within the LEA.
"Risk ratio threshold" is a threshold,
determined by the state, over which disproportionality based on race or
ethnicity is significant under subrule 41.646(1).
(2)
Significant disproportionality
determinations. In determining whether significant disproportionality
exists in the state or LEA under subrule 41.646(1), the state must do all of
the following:
a.
General.
The state must set a:
(1) Reasonable risk
ratio threshold;
(2) Reasonable
minimum cell size;
(3) Reasonable
minimum n-size; and
(4) Standard
for measuring reasonable progress if the state uses the flexibility described
in paragraph 41.647(4)"b."
b.
Flexibility. The state
may, but is not required to, set the standards set forth in paragraph
41.647(2)"a" at different levels for each of the categories
described in paragraphs 41.647(2)"f" and
41.647(2)"g."
c.
Development and review of standards. The standards set forth
in paragraph 41.647(2)
"a":
(1) Must be based on advice from
stakeholders, including state advisory panels, as provided under Section
612(a)(21)(D)(iii) of the Act; and
(2) Are subject to monitoring and enforcement
for reasonableness by the Secretary consistent with Section 616 of the
Act.
d.
Presumption of reasonability. When monitoring for
reasonableness under subparagraph 41.647(2)
"c"(2), the
following are presumptively reasonable:
(1) A
minimum cell size under subparagraph 41.647(2)"a"(2) no
greater than ten; and
(2) A minimum
n-size under subparagraph 41.647(2)"a"(3) no greater than
30.
e.
Application. The state must apply the risk ratio threshold or
thresholds determined in paragraph 41.647(2)
"a" to risk ratios
or alternate risk ratios, as appropriate, in each category described in
paragraphs 41.647(2)
"f" and 41.647(2)
"g" and
the following racial and ethnic groups:
(1)
Hispanic/Latino of any race; and, for individuals who are non-Hispanic/Latino
only;
(2) American Indian or Alaska
Native;
(3) Asian;
(4) Black or African American;
(5) Native Hawaiian or Other Pacific
Islander;
(6) White; and
(7) Two or more races.
f.
Calculation of risk ratio:
identification. Except as provided in paragraph
41.647(2)
"h" and subrule 41.647(3), the state must calculate
the risk ratio for each LEA, for each racial and ethnic group in paragraph
41.647(2)
"e" with respect to:
(1) The identification of children ages 3
through 21 as children with disabilities; and
(2) The identification of children ages 3
through 21 as children with the following impairments:
1. Intellectual disabilities;
2. Specific learning disabilities;
3. Emotional disturbance;
4. Speech or language impairments;
5. Other health impairments; and
6. Autism.
g.
Calculation of risk ratio:
placement and disciplinary removals. Except as provided in paragraph
41.647(2)
"h" and subrule 41.647(3), the state must calculate
the risk ratio for each LEA, for each racial and ethnic group in paragraph
41.647(2)
"e" with respect to the following placements into
particular educational settings, including disciplinary removals:
(1) For children with disabilities ages 6
through 21, inside a regular class less than 40 percent of the day;
(2) For children with disabilities ages 6
through 21, inside separate schools and residential facilities, not including
homebound or hospital settings, correctional facilities, or private
schools;
(3) For children with
disabilities ages 3 through 21, out-of-school suspensions and expulsions of ten
days or fewer;
(4) For children
with disabilities ages 3 through 21, out-of-school suspensions and expulsions
of more than ten days;
(5) For
children with disabilities ages 3 through 21, in-school suspensions of ten days
or fewer;
(6) For children with
disabilities ages 3 through 21, in-school suspensions of more than ten days;
and
(7) For children with
disabilities ages 3 through 21, disciplinary removals in total, including
in-school and out-of-school suspensions, expulsions, removals by school
personnel to an interim alternative education setting, and removals by a
hearing officer.
h.
Alternate risk ratio. The state must calculate an alternate
risk ratio with respect to the categories described in paragraphs
41.647(2)"f" and 41.647(2)"g" if the
comparison group in the LEA does not meet the minimum cell size or the minimum
n-size.
i.
Identification
as having significant disproportionality. Except as provided in
subrule 41.647(4), the state must identify as having significant
disproportionality based on race or ethnicity under subrule 41.646(1) any LEA
that has a risk ratio or alternate risk ratio for any racial or ethnic group in
any of the categories described in paragraphs 41.647(2)"f" and
41.647(2)"g" that exceeds the risk ratio threshold set by the
state for that category.
j.
Reporting under this subrule to the Secretary. The state must
report all risk ratio thresholds, minimum cell sizes, minimum n-sizes, and
standards for measuring reasonable progress selected under subparagraphs
41.647(2)"a"(1) through 41.647(2)"a"(4), and
the rationales for each, to the U.S. Department of Education at a time and in a
manner determined by the Secretary. Rationales for minimum cell sizes and
minimum n-sizes not presumptively reasonable under paragraph
41.647(2)"d" must include a detailed explanation of why the
numbers chosen are reasonable and how they ensure that the state is
appropriately analyzing and identifying LEAs with significant disparities,
based on race and ethnicity, in the identification, placement, or discipline of
children with disabilities.
