Latest / DiveIn: Diving into Special Education's Most Complex and Pressing Debates / The Disproportionality Series Part 1: A Conversation with Paul Morgan
Transcript
- 0:08From the Division of Research of the Council for Exceptional Children,
- 0:11this is Dive In. I am your host, Federico Weitholler,
- 0:15professor at the University of Illinois at Chicago.
- 0:20Welcome, welcome, welcome, welcome to the ninth episode of the
- 0:24third season of Dive in. Today we will continue to discuss
- 0:28a highly controversial topic in our field,
- 0:31the disproportionate representation of minority students in
- 0:35special education. A couple of episodes ago, in episode seven, we discussed
- 0:40with Dr. Catherine Vulgarides the legal aspects of disproportional
- 0:45representation and how states are responding to legal mandates
- 0:49to address this issue. If you haven't listened to that show, I recommend that you
- 0:53go back and listen to our episode seven. Today we will begin
- 0:58a series that explores one of the most contentious issues surrounding
- 1:02disproportionality. Does it actually exist?
- 1:06Are minority students over or underrepresented in special education services?
- 1:11The idea of the series is to bring disparate perspectives and
- 1:15approaches to this issue and by the end of the series to have some,
- 1:18some sort of synthesis and ideas to bridge the disproportionality
- 1:23divide. And to start the series, I have a conversation with
- 1:27Paul Morgan. He is the Empire Innovation Professor,
- 1:31Social and Health Equity Endowment professor at the Department of Health Policy
- 1:36Management and Behavior at the College of Integrated
- 1:39Health Sciences at the University of Albany,
- 1:43suny. If you are tuned to the heated debates about disproportional representation
- 1:47of minority students in special education, well,
- 1:51his name should be familiar to you. Since the 2000 and
- 1:55tens, Dr. Morgan and his colleagues have published a series of articles contradicting
- 1:59decades of research in special education that point to
- 2:03the overrepresentation of minority students in special education.
- 2:06Dr. Morgan's work has received both praise and support,
- 2:11as well as severe criticism for his framing of disproportionality
- 2:15and his methods. In this interview, we engage in a
- 2:19lively and critical discussion about his findings, his methods and
- 2:23recommendations. But before we start, I wanted to share with you
- 2:26the exciting news that I started a Discord channel where
- 2:31we can interact and discuss past and present shows.
- 2:34I have started actually a specific link for the Disproportionality
- 2:39series where we can engage in scholarly and respectful conversations
- 2:43about the topic. I look forward to hearing from you and having that
- 2:46moment of connection. I will be putting the link in the show description.
- 2:50So are you ready to start with the Disproportionality series?
- 2:54Let's dive in.
- 2:58Thank you so much, Paul, for being here with us today. It's a pleasure to
- 3:02have you. It's the pleasure of all mine. Thank you so much for the Invitation?
- 3:05Yeah. Thank you. I know you've been doing a lot of work on this proportionality,
- 3:10some of them with supporters, some of them with people that kind of contest
- 3:14your work. So I wanted to have you here because
- 3:18we're starting a series on disproportionality and to have different approaches
- 3:22and different ways to see the issue. So let's start with a very simple
- 3:25question. We have Catherine Bulgaris a couple of weeks ago. She kind of defines
- 3:28proportionality, but more from a legal perspective. I want
- 3:32to know how you define disproportionality on your work.
- 3:36So we would. So my definition would be oriented
- 3:41towards some descriptive evidence of differences, say in
- 3:45percentages, shares, proportions,
- 3:49in terms of receipt of special education services
- 3:53that vary by race ethnicity. So as
- 3:57a simple example, if descriptively,
- 4:01say Black students represent 14% of the general education population,
- 4:05but say 17% of the special ed population,
- 4:08there might be some evidence there of a
- 4:13descriptive evidence of a difference, of a disproportion.
- 4:16And that's generally what the federal government means by disproportionality
- 4:21or significant disproportionality is some descriptive evidence
- 4:25of differences in proportions by
- 4:29race and ethnicity who's receiving special education services.
- 4:33Okay, then we'll get more on the. Because I know you go a little beyond
- 4:37that, those descriptives, right? Because I know in your
- 4:41research, in some step of your research, you find
- 4:45proportionality. But would you go a little farther on your analysis? You don't find
- 4:49it. So we can get into that later. But I'm thinking
- 4:53also on that, right. You wait to define this proportionality. Not. So I'm
- 4:57empty. Descriptive. My understanding. Right. I may be wrong. But minus. And not
- 5:01just descriptive, but you also look at ways
- 5:05that we can dissolve some variables and compare similar situated
- 5:11studio. Know how you call it. And then where you, where you. Where your.
- 5:15Where are your argument of this proportionality, Is that fair to say?
- 5:18Yeah, yeah, I think that's kind of a helpful way to start
- 5:23the conversation. So maybe,
- 5:27maybe I can give a little bit of background context and then maybe some sort
- 5:31of ways to approach this. So ever since special education started,
- 5:35there's been concerns that the way identification
- 5:39is functioning may have some degree of racial bias in it.
- 5:43And we clearly don't want that. We want children who have
- 5:47disabilities to receive services that they're
- 5:51entitled to and would benefit from, but we don't want to be misclassifying
- 5:56children as having disabilities if they don't. So we're trying, trying to strike
- 6:00this balance in which we're not identifying children as having disabilities
- 6:04when they don't. And we are identifying children who have disabilities and
- 6:08that might benefit from special education services.
- 6:12And so that's kind of the balance we're trying to strike now.
- 6:16Ever since the field started, there's been some descriptive evidence that
- 6:20there are differences by race, ethnicity, and who's receiving special
- 6:24education. And you can find that in many reports
- 6:28by the federal government, going back some anecdotal
- 6:32reporting, even the most recent reports to Congress
- 6:36by Department of Education, OSEP will find some
- 6:41descriptive evidence of differences by race ethnicity in
- 6:45who's receiving special education services. And there's also some
- 6:51attention as to identification, but also placement
- 6:55and discipline, which we can talk about if that's of interest. Interest. But around identification,
- 7:00we've had these descriptive evidence of differences. So if
- 7:04you look at the most recent report to Congress by osep,
- 7:07you'll find some evidence that black students.
- 7:12They. Have a greater risk, if you want to characterize it that way,
- 7:16of receiving special ed. So their risk ratio might be like 1.3.
- 7:20So numbers above 1 indicating the group is more likely and numbers
- 7:24below meaning they're less likely. Okay, so.
- 7:27And we find that too. Okay. When we look at
- 7:31different data sets, we find indication that in an unadjusted
- 7:36estimates, just descriptively, there are differences by
- 7:40race necessity in who's receiving special education or who's being identified
- 7:44as having disabilities. Okay, so that's one thing, and I'm
- 7:48not really disputing that. I mean, we've reported that multiple times ourself.
- 7:52That's been reported in many reports to Congress.
- 7:55That descriptively seems to be the case.
- 7:59It may vary, maybe in particular contexts. Most of the
- 8:03reporting is just using national aggregate statistics.
- 8:07But this is found over and over again.
- 8:11And we might characterize that as sort of representation evidence
- 8:16who's represented in special ed versus
- 8:21in general ed. And in terms of representation, you find repeated
- 8:25evidence of differences. Now,
- 8:29the reason I'm saying differences is because sometimes people talk
- 8:34about disparities, and I think they're using that term loosely
- 8:39and often inaccurately. So the way that term
- 8:42should be used according to the pseudo medicine in a 2003 report
- 8:47is not because of differences by
- 8:51clinical need or patient preferences, but instead by provider
- 8:55discriminatory practices or inequities in how this healthcare
- 9:00system is working. So I want to differentiate descriptive
- 9:04evidence and differences and representation from
- 9:08disparities that takes into account clinical need
- 9:13and perhaps patient preferences. I also want to
- 9:17introduce another term, which is identification. So when we're
- 9:20talking descriptive evidence over under Representation,
- 9:25you know, just, it's descriptive, it doesn't allow for much
- 9:29in the way of inferences. Okay. When we start talking about disparities or
- 9:33we start talking about identification over or under,
- 9:37for that conversation, we should be attempting to make some
- 9:41accounting for clinical need or comparing children
- 9:45who seem similar in terms of their likelihood
- 9:49of having disabilities. Okay. And that's where our work
- 9:53really comes in because we've tried
- 9:57to account for many indicators
- 10:01of potentially having a disability,
- 10:05most particularly relevant whether the child seems to be struggling academically
- 10:11in school. When you compare children who seem otherwise
- 10:16similar, you get very clear and replicated
- 10:20and repeated evidence that children of color are less likely than
- 10:25white or English speaking students to be identified as having disabilities.
- 10:29And we find that prior to school
- 10:33entry, we find that after school entry, including elementary, middle and high school,
- 10:37we find out whether we use school record,
- 10:40parent report of disability, we find it for
- 10:44disability in general, and we find it across many different specific disability
- 10:49conditions. Other teams also find this.
- 10:52So it's a very well replicated finding.
- 10:57Now, there's limitations, we can get into that,
- 11:00but that's what, that's a bit of context, that's a bit of definition
- 11:04and that's some evidence of what we're finding and happy to answer more questions
- 11:08about. So let's try to rephrase that. So there is one
- 11:12thing you call differences on proportions or that
- 11:16are mostly descriptive, which are mostly the risk of one
- 11:20student compared to another student to be in special education.
- 11:23Something as you say, it's been well documented. But when you,
- 11:27in your world, when you take to talk about disparities,
- 11:32talk mostly about looking
- 11:35at issues of not accessing services or biases
- 11:40on the identification process. Yeah, yeah. So that's
- 11:45right. So you know, so descriptively you can find evidence,
- 11:48we find that others find it. Descriptively you find evidence
- 11:52of differences by race and ethnicity and who's being identified as
- 11:57having disabilities and receiving services.
- 12:00Okay. And you know, no dispute about that,
- 12:05we find that others find that descriptively. That seems to be the case.
- 12:09Okay. At the national level.
- 12:12The question then is why is that occurring?
- 12:16Okay. And this, this to me has really
- 12:19gotten the field off track. Okay. Because there's
- 12:24been a lot of strong claims based
- 12:28on really weak empirical evidence to
- 12:31support such claims about discriminatory
- 12:36practices and bias that systemic that
- 12:40by, you know, teachers, school personnel,
- 12:44that's resulting of students of color being inappropriately placed
- 12:48identified as having disabilities in place in special education.
- 12:52That evidence to me
- 12:56is that inference is not supported by the
- 13:00strength of the evidence available. Okay, I'm all for the possibility
- 13:04that might be occurring. I mean, that's one of the reasons we started doing these
- 13:08studies, is to investigate that as a possibility. And I'm completely
- 13:12open to that being observed.
- 13:16We're not finding it, others are not finding it.
- 13:21We can go into some sort of detail about that.
- 13:24The evidence base that supports a conjecture
- 13:28that the overrepresentation of students of
- 13:32color is the result of systemic bias and discriminatory practices
- 13:36by schools, to me, is not empirically supported or credible
- 13:41as a claim. Now, I'll tweak that a little bit, okay. Because there is some
- 13:45on the margin, perhaps some evidence that we should attend to,
- 13:49but by and large, those kinds of sweeping claims about
- 13:54how special education is working, you know,
- 13:57I don't see much if any, evidence. And I've been
- 14:01searching for, you know, our first presentation on
- 14:05this was in 2008. I've been. Been looking for this kind of evidence,
- 14:08examining the research base since then. The evidence base
- 14:13to support such speaking claims to me is. Is largely non
- 14:17existent. Okay. Not to say it might not emerge, not to say it might not
- 14:21be true in some particular context, but there's
- 14:25some things that we have to, you know, focus on.
- 14:29First of all, descriptively, that kind of claim based on descriptive evidence is
- 14:33just not supported. So as an analogy for some of your
- 14:37listeners, descriptively,
- 14:40black students are more likely to have asthma and
- 14:44it's a risk ratio of 1.6, something like that.
- 14:50That seems to be the case. That seems to suggest a
- 14:53difference. Okay, now the next step is, why is that occurring? Should we
- 14:58then automatically include the providers or bias in how they're diagnosing asthma?
- 15:02Okay. From my perspective,
- 15:06perhaps, but that descriptive evidence doesn't allow us to
- 15:10make that inference. We need better, stronger evidence. We need some sort
- 15:14of evidence that when presented with children who seem similar
- 15:20in having the symptoms, say, of asthma, the providers
- 15:25are more likely to identify kids of color who don't
- 15:29have asthma based on their symptomatology as having asthma.
- 15:33That would be the analogy here. So it's
- 15:37not the descriptive evidence that I think where the debate is, it's the inferences
- 15:42that are being made on. Okay, now the last thing I'll say here,
- 15:46because I don't want to be answering questions.
- 15:51So how do we know whether there's bias or discriminant?
- 15:55There's two standards. One is differential treatment and the other is disparate
- 16:00impact. Disparate impact I don't think is so relevant
- 16:04here. So I'm going to focus more on Differential treatment, which is the traditional standard
- 16:09of identifying discriminatory practices.
- 16:12So you take individuals who are similarly situated.
- 16:15This is exactly the language that the US Department of Education in
- 16:202016, with the equity and IDEA regulations introduced. This is
- 16:24how we know whether discriminatory practices are occurring amongst similarly
- 16:28situated, otherwise similar children, particularly in the factors most
- 16:33materially relevant to being identified. You have evidence that
- 16:39children who are black are being inappropriately identified as
- 16:43having disabilities. So if you
- 16:47want to know whether bias or discriminatory practices are occurring in schools, which is an
- 16:51important question, then what we need is we need studies that
- 16:55are looking at children who seem otherwise similar and then
- 16:59looking at who's being more or less likely to be identified. So the
- 17:03way this is handled in other fields, vignette studies,
- 17:07audit studies where similar identical
- 17:12resumes are sent to employers and there's some examination
- 17:17of who's more likely to receive callbacks. And you know, in these studies and
- 17:21in other other types of investigations, you can find evidence of
- 17:25racial bias that certainly may be occurring in
- 17:29the case of special ed, as in the case of public health,
- 17:33what you find is when you look at children who seem otherwise similar,
- 17:38you get clear, repeated evidence that white and English speaking
- 17:42children are more likely to be identified as having disabilities than otherwise similar
- 17:46children of color or who are from non
- 17:50English speaking households. So, okay,
- 17:55there's so many questions to sneak through. Yeah, sorry,
- 17:59this is good. So I mean the comparison with the
- 18:03asthma, I understand it, my knowing goes like, well, we have probably much
- 18:07better ways to diagnose asthma that specific learning disabilities,
- 18:12for example, or behavioral. So that is
- 18:15what it gets to me a little tricky. Right, because there is a lot of
- 18:18more professional judgment
- 18:22included in identifying a student with emotional
- 18:26behavioral disability or specific learning. Right,
- 18:30right. So that anybody gets the bias or the systemic
- 18:34discrimination can sneak in. Right, Yeah, I understand
- 18:38that. So that's one thing. The other one is there's
- 18:43been a lot of studies to my understanding up to now
- 18:47that they're not just descriptive. Right. They're also trying to control
- 18:51and look at issues of district
- 18:55variables, school variables, and see how
- 19:00that impact disproportionality. It seems that those kinds of
- 19:04studies still does not convince you when they look for example
- 19:08at. For example, I remember the studies English
- 19:13language learners and the amount of support that received in second language or
- 19:17issues of district funding or each
- 19:21district racial disparities.
- 19:26Those levels of analysis at controlling or looking
- 19:30at district variables and school parameters still doesn't convince you that
- 19:34that bias exists for what I understand. Well,
- 19:37I don't think they should convince many.
- 19:40Okay. And again, I'm not.
- 19:43I'm trying to approach this, these all as empirical
- 19:47questions and to, to remove any kind of,
- 19:50you know, inclinations that I might have myself.
- 19:54If anything, I was inclined when I began these investigations
- 19:58that, okay, there's lots of reports that there's bias
- 20:02in how children are identified. Let's investigate that. So I was completely expecting
- 20:07that we would find evidence of over identification,
- 20:11you know, amongst some of our children.
- 20:15I was expecting to find that evidence indicating black Hispanic children
- 20:20are being over identified as having disabilities. That's not what we found.
- 20:25To answer your question, I think as
- 20:29a field we need to adopt methodological
- 20:34perspectives that allow us to conduct as
- 20:38strong investigations as possible. This issue is really important to figure out.
- 20:43And. To remember
- 20:48kind of continuums of evidence. Okay.
- 20:51Just like, you know, in our tradition where the usually
- 20:56expect randomized control trials are sort of
- 20:59like, you know, typically characterized as the gold standard, as long as they're well implemented
- 21:03and things like that are going to provide us pretty strong evidence of
- 21:07the impact of a treatment. Okay. They're just like that.
- 21:11You're gonna get well designed RCTs, poorly designed RCTs
- 21:15all across a continuum. You can have that also in observational studies.
- 21:19Okay. So what we need in terms of well conducted observational
- 21:24studies is we need to control for the factors that result
- 21:29in disability identification. Okay. So you
- 21:34know, just like in gifted ed, you know who, who gets gifted ed?
- 21:37Typically not children who are struggling academically.
- 21:41All right, who gets gifted ed are children who are displaying a
- 21:44high level of academic proficiency. Okay. If you
- 21:48showed me evidence among similarly high achieving
- 21:52students that children who are white are more likely to receive gifted
- 21:57ed services, I'm going to be like, okay, that seems to warrant some,
- 22:01some concern that maybe there's bias in how the system is operating.
- 22:04Okay. So when you talk about district level studies,
- 22:08they're not controlling for the factors that are most materially
- 22:12relevant to whether students are identified as having disabilities.
- 22:16What are those factors? Chief of those factors is how they're doing
- 22:20in school. What's the biggest indicator of how well children are doing in school?
- 22:23Whether they're learning their academic
- 22:27achievements. Those are the kind of studies that look
- 22:32at children who are displaying similar levels of academic
- 22:37achievement that I think, just like in the gifted ed example, I think
- 22:40are more credible.
- 22:43Okay. Now I'm not going to go into a lot of weeds.
- 22:46There are ways that we could do this even better. So,
- 22:50you know, other researchers have looked at using birth data so
- 22:54they Collect data from kids birth certificates. They link that with
- 22:59educational data. They know whether, for example, the child was born
- 23:02with low birth weight, their level of cognitive functioning at
- 23:07birth, whether there were any complications, things like
- 23:10this. When they use those kinds of data much more prospectively
- 23:14than many of the studies available to us or data sets available to us
- 23:19in special education, they find results similar to
- 23:23ours, evidence of under identification of students of
- 23:27color, particularly black and Hispanic students.
- 23:30So, you know, there are ways to add additional rigor to
- 23:34this question, not just looking at concurrently
- 23:38levels of academic achievement. I understand that,
- 23:43you know, that allows for even stronger evidence
- 23:46and from my perspective, but the district
- 23:50level studies that have no control for student level academic
- 23:55functioning or even district level differences
- 23:59in academic functioning across student populations to
- 24:03me are not particularly compelling in terms of answering the question are
- 24:08schools biased in how they're identifying children as having disabilities?
- 24:13But it could be more. I understand what
- 24:17you're saying, but I wonder if there could be more of a systemic
- 24:23disparities that are not based just on teacher biases.
- 24:27Right. It could be more larger structural issues
- 24:31from like funding kind of quality of education,
- 24:36the training of teachers,
- 24:40the history of the district. I mean, there are other factors where
- 24:45you can see disparities that not just be the individual teacher who say,
- 24:49oh, you're black and we're going to send you this particular
- 24:52educational. Yeah, 100%. I think we're in complete agreement
- 24:57about that. Public health has adopted
- 25:01a social determinants of health perspective for some time.
- 25:05That means there's a recognition that sort of like societal
- 25:10inequities, including economically, may be resulting in
- 25:14some of the differences by health conditions we're observing. So we should be trying to
- 25:18address those. Okay, I'm completely with you on that.
- 25:23There are many reasons to believe the way our society is organized
- 25:30is resulting in greater exposure to harm or
- 25:35risk factors, maybe by race ethnicity.
- 25:40And you find that across many, many different studies.
- 25:43And that starts very early. So, you know, children of color
- 25:47are more likely to be born with low birth weight, for example. They're more likely
- 25:51to experience extreme economic disadvantage. They're more likely to
- 25:55live not only in impoverished households,
- 25:59but in addition in impoverished neighborhoods.
- 26:03Okay. There are many different ways that our. There's differences
- 26:07by, in terms of lead exposure by racisticity.
- 26:11So there are many societal inequities that
- 26:15we should be trying to address. You know,
- 26:19I'm completely on board with that and in my mind
- 26:24what you're saying is exactly right. There are multiple influences here that
- 26:28could occur across the lifespan, including during
- 26:33early, middle and later childhood, Some of the factors that
- 26:37might be resulting in what we're observing in terms of under identification
- 26:42might be occurring in schools. So teachers
- 26:45may not be as likely to consider that
- 26:50the academic struggles of a child of color might indicate an underlying disability
- 26:55as they would a child who's white, for example.
- 26:59And there is some research to suggest that does occur.
- 27:04There's federal policy that's probably disincentivized school personnel
- 27:08from identifying children of color as having disabilities. But there
- 27:12are many upstream factors that
- 27:16might be resulting in these disparities
- 27:20that we're observing. So early exposure to poverty
- 27:24might be 1, or early exposure to lead or prematurity
- 27:29or low birth weight. Lack of early learning opportunities prior
- 27:34to school entry. Dismissive health providers
- 27:39might be another. There are many different factors that might be acting
- 27:44as essentially headwinds that are working
- 27:48against families of color in terms of being able to receive
- 27:54services for their children. And by the way, last thing I'll say.
- 27:58Go ahead. Many of the factors you're mentioning are outside of
- 28:02school, a lot of things. But I'm also thinking
- 28:06things inside school. For example, one of the things you do is
- 28:10much, as you say, similar situated students academically. Right. But it could
- 28:14be that a student that, you know, you have a certain test
- 28:18scores same match with another one, that one of the reasons that
- 28:22students have lower academic achievement is because certain factors
- 28:26between the school and the districts, meaning, you know, lower resources, lower opportunities to learn,
- 28:29and that student may have fall behind and therefore,
- 28:33you know, and that to me, it's a systemic disparity. Right,
- 28:36okay. Yeah. And you know, I agree
- 28:40with you that that could be happening. It's likely to be happening.
- 28:46A couple things I would say is
- 28:50that there's quite a bit of evidence going back that achievement
- 28:57gaps are evident by school entry and that they are largely stable across
- 29:01time. In fact, we have two studies, one that just came
- 29:05out last week, another that came out maybe three weeks ago,
- 29:09both of them looking at academic difficulties, one in reading and
- 29:13one in math and science. Across both sets of analyses, you find
- 29:17large differences by kindergarten in terms
- 29:21of the risk for academic difficulties.
- 29:24Math, science and reading. Those are large at kindergarten.
- 29:29They're stable across time. In fact, there's some evidence saying the risk increases
- 29:33for some racial ethnic groups. Along the lines you're saying that
- 29:37maybe there's things that are happening in schools that are increasing the likelihood of
- 29:42academic struggles for students of color. But another
- 29:46point to be made is the gaps are quite large at school entry,
- 29:51so they pre exist. Schooling And I think it would
- 29:55be helpful if more researchers adopted sort of a life course perspective
- 29:59to understand this problem and, and view these differences.
- 30:03The overrepresentation that we're talking
- 30:07about is likely a downside event, a downstream
- 30:11event, excuse me, a downstream event. So there are many events
- 30:15that are occurring prior to school entry that
- 30:19are upstream events that might be leading to
- 30:23these racial, ethnic differences in disability identification that are being observed.
- 30:28And secondarily, I would encourage your listeners to start
- 30:32to look at some of the public health literature on here around
- 30:36disability, racial and ethnic disparities and disability. You will find very
- 30:40strong repeated evidence that children of
- 30:44color and their families are less likely to be identified as having disabilities,
- 30:49including across a range of different specific conditions. And you also have a lot of
- 30:53which I think is important for, for our field to start adopting a lot of
- 30:56well designed qualitative studies that are trying to understand the mechanisms that
- 31:01might be underlying these disparities.
- 31:05I don't think we've done quite that kind of work here in
- 31:09special education anyway. We can go into that qualitative studies.
- 31:14I mean, what about the, I mean there's been repeated qualitative
- 31:18studies showing descriptively at least how for example in IEP
- 31:22meetings or teachers decisions there is certain bias
- 31:27towards particularly for example black low income families
- 31:31or Latinxas family. I'm thinking about the extensive work that
- 31:35Jeanette Klingler and Beth Harry did in large
- 31:39qualitative studies and there's been other works on examining
- 31:44penis when they have seen some indices of that biases,
- 31:48some maybe. Dr. Yeah, what I understood
- 31:52and you know, that work also is helpful for
- 31:56us to gain more knowledge about what's happening. What I haven't seen so much are
- 32:01direct interviews of families of color as they navigate
- 32:05a complicated system of disability identification
- 32:09and service receipt. Now I have seen quite a few studies like that
- 32:12in public health, including particularly around autism.
- 32:16And what you find in those studies repeatedly is that families of color,
- 32:21they report great difficulties in terms of accessing
- 32:25services for their child, they experience stigma
- 32:30in regards to their child's disability condition and
- 32:34they often feel unsupported in trying to navigate these systems.
- 32:38You also see quite a bit of other reporting in our field that the way
- 32:42that schools provide special education services are
- 32:47very difficult to access even for well resourced families.
- 32:51Dual income, high wage earners or high income
- 32:55earners will report great difficulty in trying to secure
- 32:59services for their child, even when that child has a documented
- 33:03disability from an outside health professional or some type of provider.
- 33:07So this system is quite difficult to access
- 33:11it requires on a high level of resources.
- 33:16Our due process materials are written.
- 33:19The disadvantage, less resourced families. It typically requires
- 33:23at least some college level work to understand even the due
- 33:27process materials that schools are providing. Families will
- 33:31report that schools will just not be responsive
- 33:35to their child's documented disabilities.
- 33:38So anyway, there's a lot of evidence that the way that
- 33:42the system works is
- 33:45the services are very scarce, they're very hard
- 33:49to access, and families are often reporting having
- 33:53to go to court to secure services for
- 33:58their child. So there's lots of indicators
- 34:02across special ed in public health that I think suggest to us that
- 34:07the way the system is operating could be improved and
- 34:11that there are a lot of inequities operating in the system that in my mind
- 34:15disadvantage students of color, non linguist speaking families,
- 34:19you know, children, families from historically marginalized communities I
- 34:23think are having. There's lots of reasons to believe that the
- 34:28way the system is operating is a disadvantage in those families. And we should be
- 34:32trying to fix that. We should be trying to ensure that all children and
- 34:36their families who have disabilities have access to these services. That's what's supposed
- 34:40to be happening and I
- 34:44don't think that's presently happening. We should be trying to understand that and trying to
- 34:48remedy that. So you were making a lot of comparison with the healthcare system
- 34:52and schools. Right. I'm imagining that some of your research,
- 34:56you've been inspired by the work on healthcare and trying to translate
- 35:00that to special education. Sometimes I feel very hesitant, particularly in the
- 35:04U.S. comparing the two because there are such a different system. Right. In other countries,
- 35:07like with more socialized health
- 35:11care system, like Spain, for example, to get special education
- 35:15services in schools, you've got to go through the public health system. You don't
- 35:19get in the defined schools, but in the U.S. right, right. That's such a
- 35:23different structures and I think
- 35:28they are effective for many different issues. Even their identification tools.
- 35:32Right. In the US to be identified with disability through the healthcare
- 35:36system, it's probably with much more discernible
- 35:42sometimes disabilities, we may have better accurate
- 35:46tools to identify them. In the case of schools in disproportionality,
- 35:50some of those disabilities are, you know, are, as I
- 35:54said before, they're very tied to professional judgment.
- 35:58Right. And some tools not even in the case of learning disabilities. Right. We've been
- 36:02discussing for decades accurate ways to identify students with specific learning disabilities.
- 36:07Same thing with behavioral disorders. So I'm kind of hesitant
- 36:11to think that the healthcare system may operate,
- 36:15that schools in 90, 50 may operate similar to the healthcare
- 36:19system make those assumptions. Right. Okay, okay, that's helpful.
- 36:23I understand what you're saying. I find it
- 36:27helpful for a couple reasons. One, public health
- 36:31tends to have a stronger tradition of large scale data analysis
- 36:36than special education. Two, they've been studying this problem for
- 36:40longer than we have with the kind of data that I think is
- 36:44useful for understanding what
- 36:48might be, might explain the observed differences.
- 36:54And then the third thing I would say is,
- 36:57I hear what you're saying, but there are some overlaps.
- 37:01So for example, pediatricians often are
- 37:05diagnosing adhd, a relatively subjective
- 37:09condition, or autism or other
- 37:13types of health conditions, including those related
- 37:17to learning or behavior. The other
- 37:22thing I would add is, from my perspective,
- 37:26I'm not saying it's easy, but I would say it's probably
- 37:29relatively easier to be identified as having a disability
- 37:33through a healthcare provider than through a school because
- 37:38the school, in order for the child to be found eligible for special
- 37:41education services, is going through, going to bring
- 37:47together a multidisciplinary team. They're going to do a lot of observations
- 37:51of the child. There's going to be a lot of consideration
- 37:56of alternative explanatory factors. It's going to be a longer process
- 38:01with many more people involved and there's
- 38:05going to be a lot more attention to sort of legal
- 38:09definitions that schools are supposed to be following.
- 38:12So I, I would say that it's, you know, in the
- 38:16case of adhd, it's, my conjecture is it's going to be relatively easier
- 38:21for a, for a family to receive a diagnosis from,
- 38:24of ADHD from a pediatrician than
- 38:29from a school. And in
- 38:33public health under those conditions, we're still finding, even though
- 38:37the system is arguably easier to navigate
- 38:42for families, you still find repeated evidence of racial
- 38:46and ethnic disparities, including say an ADHD diagnosis or
- 38:51autism or other sorts of conditions. So even in conditions where families,
- 38:55it might be relatively easier for families to navigate,
- 38:58it's still incredibly difficult. And the system seems to
- 39:02be more responsive to white and English speaking families in public
- 39:06health. So these are some reasons I think it's helpful for us to attend
- 39:10to what's being observed in public health. And I guess the last thing is it's
- 39:14still disability, right? And we're supposed to be concerned about whether children
- 39:18with disabilities are receiving appropriate care or supports.
- 39:22So I think it's helpful to look at other fields besides just special education.
- 39:28That's interesting. You know, I wanted to go back also to,
- 39:32you know, your, your methods to, you know, to, to just
- 39:36for those similar situated Students. Right.
- 39:40That it's your way to discern whether there
- 39:44is bias or not bias. Right. You have two similar students. If one gets identified
- 39:48and the other. No. Well, there may be some inspired. That's. That's rational. One of
- 39:52the ways your work and your colleague, not just you do that,
- 39:57it's by controlling variables like achievement and behavior.
- 40:01Right. So, for example, if two students have
- 40:05a similar score in
- 40:10a behavioral rating scale, you will pair those two students.
- 40:14Now, my question with that is, by controlling
- 40:18that, are you not taking
- 40:22for granted on the bias that may be inherent on those
- 40:27judgments, those professionals made with those rating skills,
- 40:31which would be a form of bias. Right. So you would be saying,
- 40:36well, that's true, but you're avoiding to think, okay, maybe why
- 40:39they're situated is because there were some bias on this.
- 40:42The. The process of situating the students similarly. Right,
- 40:46right. Yeah, I understand. It's a good point. Let me maybe
- 40:51respond a couple. Couple ways. One, it does kind
- 40:55of depend on the health condition. Okay. So, for example, in the case of
- 40:59adhd, it is a behavioral condition.
- 41:04You should be experiencing difficulties in
- 41:08attention or impulse control. So in
- 41:12some conditions, not accounting for differences in symptomatology
- 41:17for the condition is going
- 41:21to introduce bias in and of itself. Okay. So for some conditions, it seems to
- 41:25me especially important to include behavioral controls, say,
- 41:29in the case of adhd. That's one
- 41:33point. The second point is sometimes we're using parental reports of behavioral
- 41:37functioning, or others have. So I think the argument it's all teacher
- 41:42bias is a little harder to make in those studies. The third
- 41:45point is, when you actually delve into the evidence base
- 41:49for racial bias in behavioral ratings by teachers,
- 41:53it is a little bit more mixed. In fact,
- 41:56one study that I'm aware of compared
- 42:01teacher behavior ratings to direct observation of children's behavior
- 42:05and found did not find evidence
- 42:08indicating strong teacher racial and ethnic bias. And then the
- 42:13fourth thing I'll say is, oftentimes in our work, we've not
- 42:17included behavioral ratings. So in a 2017 study, an educational researcher,
- 42:22we did not include behavioral ratings if we controlled only
- 42:26for academic achievement. We found evidence of undratification
- 42:31across many different disability conditions. So why is
- 42:35that important? Because I think sometimes there's a concern about teacher
- 42:39bias in behavior ratings. I understand that evidence of
- 42:43identification is robust to analyses that
- 42:47do not include teacher behavioral ratings.
- 42:53So the other thing is, sometimes they'll be
- 42:57concerned that you've overcorrected. You've included too many
- 43:01controls. How does it even represent reality? That's another
- 43:06point I'LL make is simply adjusting for academic achievement
- 43:09on well designed achievement measures
- 43:13with strong psychometric properties that we've been using in the United States for,
- 43:18you know, since the 60s to assess for academic achievement.
- 43:22Even control for simple, simple control for
- 43:26academic achievement differences is sufficient enough to provide repeated evidence
- 43:30of undratification across many different disability conditions.
- 43:34Can we clarify because I know we've been talking a little bit generalizing about many
- 43:38different overrepresentation, underrepresentation, different disability categories. Can you be
- 43:43more specific? Remind us of in the case of your work and your colleagues
- 43:48in what disabilities and what racial groups have you find under
- 43:53instead of overrepresentation? Okay, good.
- 44:00In terms of we
- 44:05have yet to find over identification in comparisons
- 44:09otherwise similar children. Okay. Which goes back to the start of the conversation.
- 44:13There's just not much evidence if at all of over
- 44:17identification of children for racial and ethnic bias in how schools identify children
- 44:22that have disabilities. In fact, the opposite seems to be occurring.
- 44:25Schools seem more responsive to white and English speaking students
- 44:31and their families. In terms of the racial ethnic
- 44:35groups, Our results we
- 44:40find that across many racial and ethnic groups. It depends on the studies
- 44:44or the data sets I should say that we're analyzing.
- 44:47We've looked at students who are black, students who are Hispanic,
- 44:50students who are American Indian, students who are Asian,
- 44:53students of other race ethnicity. It varies by data set that
- 44:58we're able to analyze. For some racial ethnic
- 45:02groups, the sample sizes can get particularly small.
- 45:05For American Indian, Native, Pacific Islander,
- 45:10the sample sizes can get pretty small, especially if you're trying to
- 45:14do subgroup comparisons within that category.
- 45:18But we find repeated evidence across multiple
- 45:23racial and ethnic groups relative to white students of
- 45:27color are repeatedly less likely to be identified as having disabilities. We find
- 45:31that for special whether a child has an iep, yes or no
- 45:35as a variable. So for special education generally.
- 45:39And we also find it across many different specific
- 45:43disability conditions. So our most recent study in educational
- 45:47researcher that came out a few months ago examined
- 45:51this across eight specific disability conditions.
- 45:55Autism, adhd, speech, language impairments, specific learning
- 45:59disabilities, other health impairments, these kinds of things.
- 46:03We find repeated evidence of undeterredification both for special and
- 46:07generally and across a range of different specific conditions.
- 46:12Were you clear? I mean, what I'm not clear is on the Native
- 46:17American category because in many, in some of those studies kind of group them
- 46:21with Asian studies with Asian students or which
- 46:27I imagine will. Will not give you a real
- 46:31representation of that group. No, a real idea. Yeah,
- 46:35it's true. It does get more difficult.
- 46:41Nevertheless, you know, sometimes we're analyzing Data
- 46:46sets of 200,000 children, or close to that,
- 46:51representing who are attending thousands of schools across the
- 46:55United States. It's true
- 46:59that our work has limitations,
- 47:03all work has limitations.
- 47:07But at the same time, we are analyzing very large samples
- 47:12of children, both cross sectionally and longitudinally.
- 47:16It's true that some of the specific sub groups,
- 47:21the specific racial and ethnic groups get a little harder
- 47:25to, to study. But nevertheless, across the
- 47:30studies that we've conducted, and at this point it's something like, I don't know,
- 47:3320 to something like that, 20, 20 studies plus,
- 47:37I. Think. We find repeated evidence of undrage
- 47:42identification and just to make sure the
- 47:46listeners understand. So generally what we're doing is we're taking data collected by the federal
- 47:49government. The samples tend to be large. Sometimes they're cross
- 47:53sectional, sometimes they're longitudinal. A lot of information is collected about
- 47:58those kids. They're administered student level academic achievement
- 48:02measures. Sometimes those scores are not shared with the teachers.
- 48:05So it's an independent assessment of the children's true. I would say,
- 48:09you know, based on the best available evidence, you know,
- 48:13how well they're doing academically in schools. We often know a lot
- 48:16about the children's health conditions, whether they were born with low birth weight,
- 48:20their economic conditions as reported by the families themselves,
- 48:24other indicators of their background characteristics, as well as
- 48:27kind of functioning variables like academic achievement, executive functioning,
- 48:31sometimes classroom behavior as well.
- 48:34When we analyze the students in terms
- 48:38of identification, when we include some other explanatory factors that
- 48:42are most relevant to whether the child has a disability, including academic
- 48:46achievement, you find repeated indication of under identification.
- 48:50We find that repeatedly across many data sets and
- 48:54many different kinds of conditions, and across many different sort of reporters
- 48:58of disability status, as I was saying earlier, as well as different time periods,
- 49:02that finding is consistent with public health as well.
- 49:05So I think what our. It's not like there
- 49:09isn't more work to do, you know, I think there is. And our studies have
- 49:13limitations, which we could talk about if helpful for your listeners.
- 49:17But I think because of the repeated replicated
- 49:22nature of the findings, including by us as well as researchers,
- 49:26I think the field needs to start grappling with these findings more.
- 49:32And I know there's been attention to the findings,
- 49:35but oftentimes I see pretty quick dismissal of the findings,
- 49:39despite the fact that they're replicated, despite they're
- 49:43based on high quality data, despite being based on longitudinal
- 49:47studies, despite being replicated by other research teams,
- 49:50despite being consistent with findings in other in other
- 49:54fields. So I think what we need to do is start
- 49:58giving some more attention in my mind to are we meeting the needs
- 50:02of all children and their families? And there's many reasons to believe that
- 50:06we're not. Okay. Our results suggest that we're not. Findings by others
- 50:10suggest we're not. So what are we going to do about that?
- 50:14Now we give a lot of recommendations based on
- 50:18including public health and by researchers in other fields about
- 50:23what should be done. Better due process materials
- 50:28with greater readability that are accessible by all families. Greater dissemination
- 50:32efforts, including to historically marginalized communities
- 50:36who often don't have access to evidence based information about
- 50:40disability, including signs, symptoms, available treatments,
- 50:44adoption of school, to community partnerships,
- 50:48making sure that there's providers from the community that are familiar
- 50:52with the disability condition in which there's evidence of a disparity are
- 50:58going out, including to sort of non traditional settings to
- 51:02at least disseminate the information to ensure families across all
- 51:05race, ethnicities, across all socioeconomic backgrounds have
- 51:10access to the same information. There are many things we can
- 51:14be doing to ensure greater equity in the system that ensures that children
- 51:18with disabilities across all race and ethnicities are being
- 51:21appropriately identified. And I think the field will benefit
- 51:25from greater attention to what our
- 51:29results repeatedly suggest is a large,
- 51:32long standing set of inequities that
- 51:37seem to be disadvantaging students of color
- 51:40who have disabilities, who may have disabilities to which they
- 51:47may be legally entitled to services for. And the last thing I'll say
- 51:51is there's also evidence that the services that are being provided are effective.
- 51:55Okay. Not that there's not more work to be done, but this
- 51:59wholesale dismissal of special education as
- 52:04just a way to segregate students and
- 52:08that what's being provided by special education is inherently
- 52:13harmful, I think is not credible.
- 52:16Okay. And there is re.
- 52:20There is work that I think is strong,
- 52:23quasi, experimentally that finds evidence of
- 52:27benefit of services, including for students of color.
- 52:31So if the services are beneficial and they aren't being
- 52:35provided equitably, then I think there's some.
- 52:39We need to be doing a better job to making sure that
- 52:43we're addressing these headwinds that children
- 52:47and their families may be experiencing in trying to access these services.
- 52:51Yeah, I think the question of services. Yeah, I think we have mixed
- 52:56evidence on that. That's my understanding. I think there are studies that points to that,
- 53:00some other studies that points that, you know,
- 53:04that the effectiveness of special education are
- 53:10not as effective as one may
- 53:14want to argue to place students there.
- 53:18Okay, let me just.
- 53:21I'm sure there's mixed Evidence. Okay. It's what's, it's the quality
- 53:26of the evidence that's also important to attend to. Okay. So if you're taking
- 53:30a descriptive study, that's comparison comparing, say, the academic
- 53:34achievement of kids with disabilities, the academic achievement of kids without disabilities,
- 53:39and finding evidence that kids with disabilities display
- 53:43lower achievement, that's descriptively, that's okay.
- 53:46That's maybe the case. That's not a strong study
- 53:50in terms of inferring effectiveness of services. The best
- 53:54quality studies that I know of that have tried to assess special
- 53:59education's effectiveness have looked at kids, the same kids,
- 54:03when they receive and don't receive special education.
- 54:07So many things are accounted for in those studies as
- 54:10potential confounds. Those studies repeatedly find that
- 54:15students seem to benefit, including academically,
- 54:19when they're receiving special education services. That finding has been
- 54:24replicated across different researchers analyzing different
- 54:28data repeatedly. And in fact, there's a recent
- 54:31review in remedial and special education by o'
- 54:35Hagan and I think reporting
- 54:41on the evidence of impacts, potential impacts. Now there's more
- 54:45work to be done. Right? There's always limitations to study this kind of question.
- 54:48But, but I. To me, I would say the best
- 54:52available evidence seems to suggest the services are largely beneficial,
- 54:57including to students of color. Yeah. And. Well, I mean, that's. That's a
- 55:01whole. I mean, I will have it for another show because the other question is.
- 55:04Okay, well, if it's that if,
- 55:07yes, special education may be beneficial some of students, but also is that because
- 55:12we have a general education classrooms that are completely obivious
- 55:17to students with disabilities? Well, that's the other side.
- 55:20That's a question. Yeah, that's a good question. Yep. That's the other side of the
- 55:23question. We have this system that may be working to certain extent,
- 55:27but is doing a job that I think it
- 55:32should be done by much more by
- 55:36the general education system. But that's a much larger discussion.
- 55:40Right. And I imagine that we have a lot of agreement around
- 55:44the idea that general education can be improved, including ways
- 55:48that benefit kids with disabilities. So I know we're kind of right off time,
- 55:52but I have two more for me, like pressing questions. So I'm going to say
- 55:55if we can discuss. The one is, you talked a lot about socioeconomic
- 55:59status. When you talk about disparities, you talk about, when you were talking
- 56:03mostly about the healthcare, that a lot of
- 56:06things about poverty impact. When I see your studies, the impact
- 56:10of SES is not as clear to me.
- 56:15I can think, for example, one of your first studies I was going through your
- 56:19method, kind of did my homework, went back to your studies, start seeing, pick up
- 56:23your methods. There was one, for example,
- 56:28in one of your first, I think was in the RER.
- 56:31Ariano Educational Researcher yeah. SES only was predict only
- 56:35like on 3 of like 20 something possible tests that they were doing.
- 56:39So I'm wondering if you find SES such an important
- 56:43factor or honestly you can say, you know, it's still,
- 56:47still to be the term. Okay, it's a good question.
- 56:51And it's true that we
- 56:55find, you know, SES can
- 57:00sometimes be a predictor and sometimes not. But I think the explanation
- 57:04for that is we're including the more direct,
- 57:08directly relevant indicator. So you can think of SES
- 57:13as sort of a little bit of a distal indicator or marker
- 57:17of whether children have a disability and their actual academic
- 57:20achievement as a more proximal indicator. So in our regressions, we're including
- 57:25the student's own level of academic achievement as
- 57:29well as the family's ses. And what I believe is happening is the
- 57:34proximal indicator of disability in terms
- 57:38of the direct nature of children's academic achievement is driving selection
- 57:44in the special ed. And we find this over
- 57:49and over again. So the strongest indicator of whether
- 57:54children are receiving special education is that their academic
- 57:58achievement, that's what schools are largely seem to be selecting on.
- 58:02If children are struggling, the schools are more likely to consider the
- 58:06child as possibly having a disability. And when the child is not struggling,
- 58:10they're less likely.
- 58:13And this is a good way to illustrate maybe a, a pattern. So if
- 58:17we look at the academic distribution, if you're, if you're in the, if you're
- 58:21in the lowest 10% of the academic distribution,
- 58:24you're more likely to receive special education than if
- 58:28you're in the top 10%. So it's something like for
- 58:33children who are white, for example, if you're in the top, if you're the lowest
- 58:3610% of the achievement distribution among children who are white,
- 58:40about 75% of those children are receiving special education.
- 58:43If you look at the top 10%,
- 58:47it's in the low single digits, 1 or 2%, something like that.
- 58:51So achievement seems to be the really drive whether children
- 58:55are being identified as having disabilities, if they're struggling. And the other pattern
- 58:59that we should. Clarify for our audience, sorry, that low achievement
- 59:04should not be the reason for special education services.
- 59:08Just to clarify that, because I know we're talking a lot of achievement associated
- 59:12to identification, as you're saying, but in
- 59:17terms of, if a student should be in a special education or not. Should not
- 59:20be determined by their academic achievement alone.
- 59:24Correct. Okay. Well. Okay, let me.
- 59:27I would. Maybe the
- 59:32most kids are identified as having learning
- 59:37disabilities, speech, language impairments or other health impairments.
- 59:41That's the majority of kids. In terms of who's being identified as having disabilities,
- 59:46as they. For those conditions, there should be some indication of
- 59:51difficulties in school,
- 59:54particularly in learning. Okay.
- 59:59I'm not saying that if a kid has low achievement,
- 1:00:03they have a disability, but if
- 1:00:07you're not struggling in school, it's not clear
- 1:00:11how well you're fitting, sort of definitionally, what disability is
- 1:00:15characterized or operationalized in schools, which is some indication
- 1:00:19of academic struggles, difficulty in school.
- 1:00:23So maybe we could talk about that more at
- 1:00:28some point. I'm not. Just because a
- 1:00:32kid is struggling academically doesn't mean they have a disability. Yeah, but if it's.
- 1:00:36It's a little less clear whether a child has a disability if they're not experiencing
- 1:00:40some kind of difficulty in school, including academically.
- 1:00:43And if you look. Yeah. It could be other things. Okay.
- 1:00:46But that becomes hard for schools to figure out.
- 1:00:50You know, that. Which is another conversation we could have.
- 1:00:54But the other thing I would say, just to close the loop, if, if,
- 1:00:58if, if. What we'll find in our analysis is like,
- 1:01:02of kids who are in the lowest 10% of the score,
- 1:01:05reading achievement distribution. Right. These kids are really struggling in
- 1:01:10reading. They're in the low. 90% of their peers
- 1:01:14read better than they do. So they're really struggling.
- 1:01:19If we look at the composition of that among
- 1:01:22kids who are white, about 75% of those kids are getting special
- 1:01:26education services. The percentages for
- 1:01:30students of color are always lower. It's something like 40,
- 1:01:3445%. It's a large difference.
- 1:01:38So there seems to be some indication just
- 1:01:41by. Across the achievement distribution on who's more or less likely to get additional
- 1:01:46help, including through special education. But anyway, I'm not sure
- 1:01:50if that answered the question, but. Yeah, no, that's. Yeah.
- 1:01:53Sonya had another question. Yeah. I have one more pressing question. 1. I gotta let
- 1:01:57you dream a little bit. Okay. The.
- 1:02:00The other one. You know, it's a lot of your studies, I think the majority
- 1:02:04of them and your colleagues are based on large national
- 1:02:08data. Correct.
- 1:02:11So thinking that a lot of overrepresent,
- 1:02:15a lot of disproportionality. Research points out that it's very contextual. Right.
- 1:02:18Is very geographically located. It depends on many
- 1:02:22different factors that are driven by local histories,
- 1:02:26by local politics, et cetera, et cetera.
- 1:02:29Do you think there a danger to say,
- 1:02:33okay, nationally students are underrepresented and
- 1:02:37try to do a blanket policy according to that, if the context
- 1:02:43and disproportionality in different states
- 1:02:46may show different evidence, and therefore states maybe
- 1:02:51doing policy driven by national agenda that does not represent
- 1:02:54the particular equity issues that they're facing. Okay,
- 1:02:58okay, so it's a good question. First of all, we've already
- 1:03:02pushed to make this a federal issue. So that's what the
- 1:03:06equity and IDEA regulations are. That's why IDEA
- 1:03:10was amended to give more focus, because there was
- 1:03:15concerns across the United States that the way that schools were identifying students
- 1:03:19of color was in some way biased because of this descriptive
- 1:03:23evidence which we were talking about at the start. So the
- 1:03:28data that was used to inform federal policy was not sufficient to make the
- 1:03:33claims, from my perspective, that bias was driving
- 1:03:37those racial and ethnic differences. We needed stronger evidence
- 1:03:41for that. And that's what we've been doing. So, and we've been analyzing
- 1:03:45nationally representative data in part because those data
- 1:03:49sets often have what and
- 1:03:53what we need, from my perspective, to better evaluate
- 1:03:57for potential bias. And that's indicators
- 1:04:01of clinical need, right? Direct measures of, say, academic achievement.
- 1:04:07Those data have often been nationally representative
- 1:04:11data. So the ECCLES K, the 1998,
- 1:04:141999 cohort, the ECCLES K 2010, 2011 cohort,
- 1:04:18the National Assessment of Educational Progress, the NAEP.
- 1:04:23It may be that in particular context there is
- 1:04:27some evidence of over identification among
- 1:04:31similarity, similarly situated students. There may be evidence of over
- 1:04:35of suggestive of a potential bias.
- 1:04:38And if that's the case, we should be trying to do something about that.
- 1:04:41Okay. And if that's observed, I would like to know and
- 1:04:46read about it and learn about it so I can update my own knowledge
- 1:04:50about what might be occurring. I'm completely open to the possibility it may
- 1:04:54be occurring, but I think what your listeners should know is there's really no evidence
- 1:04:59of that. Okay. So for example, on this local context
- 1:05:04question, one of our studies was
- 1:05:08published in Exceptional. Trudeau looked at the local context of the US south,
- 1:05:12which has a very strong, you know, tradition of
- 1:05:15de jure, de facto racial segregation. We didn't find
- 1:05:20evidence of over identification even in a, in local, state specific,
- 1:05:24local context where you would expect racial bias to
- 1:05:28be especially likely to occur. I was at a presentation
- 1:05:32in Tree, which followed a sample
- 1:05:36of low income children across time in
- 1:05:40more of a local sample. Once they compared
- 1:05:45children who are otherwise similar, they also observed evidence suggestive
- 1:05:49of undocentification of students who were black. That's another
- 1:05:53sort of local context. So when we analyzed
- 1:05:56the. When we, when we
- 1:06:01linked the Stanford Educational Data Archive and the
- 1:06:04Office of Civil Rights data and looked at districts across the US Once
- 1:06:11we accounted for district level achievement gaps, we found very little evidence of,
- 1:06:15you know, over. Over representation, over identification.
- 1:06:18There were some specific schools that were
- 1:06:22anomalies, and I would suggest that they be further investigated.
- 1:06:26Okay, so it certainly is possible. It's an empirical
- 1:06:30question and it should be investigated. I think the weight of
- 1:06:34the evidence runs to the other side of the coin,
- 1:06:38which is headwinds that keep
- 1:06:42families, particularly those less resourced or families
- 1:06:47from historically marginalized is from having the same access to
- 1:06:51these services. And as we've been talking about over the past hour, I think we
- 1:06:55at least need to give that serious, sustained scholarly attention to make
- 1:06:59sure that the way that the system is operating is indeed equitable
- 1:07:03in terms of access to these services. So I was thinking,
- 1:07:07for example, studies like I'm thinking, for example,
- 1:07:11Styles on Arizona by Amanda. I think Sullivan, this artillery
- 1:07:17is dead back study in 2005, I think. I don't.
- 1:07:21BAU did some studies in Wisconsin also, if I'm not mistaken,
- 1:07:25my understanding of your position on this is that those studies are descriptive
- 1:07:31and therefore doesn't provide sufficient evidence to say
- 1:07:35that there is overrepresentation. Am I reading you correctly? Okay, I wouldn't quite
- 1:07:39put it like that. Let me revise that bit a little. Little bit. So when
- 1:07:42I see the reporting by OSEP to Congress,
- 1:07:46that is just raw descriptive
- 1:07:51statistics. There's no attempt to meet this sort of otherwise
- 1:07:55similar standard. Okay, so it shows
- 1:07:59overrepresentation, but we don't know why that's occurring.
- 1:08:03It could be bias, but it could be other things. Maybe it's differential exposure
- 1:08:07to risk factors for disability. So if we want to know
- 1:08:11whether bias is occurring, we need to move
- 1:08:15down the continuum of studies from simple descriptive
- 1:08:19to some sort of control for
- 1:08:24factors that are most directly relevant to whether students are being identified
- 1:08:27as having disabilities. Now, some of the other
- 1:08:31work that you mentioned, it will include other.
- 1:08:38It won't be just simply descriptive. It'll use some kind of regression
- 1:08:41equation and they'll use other explanatory factors.
- 1:08:45Often they're not including the factors most
- 1:08:49directly relevant to whether children have a disability, which is whether they're
- 1:08:54academic achievement. So in those studies,
- 1:08:58you'll see no control for academic achievements.
- 1:09:01Maybe you'll see some sort of course analysis
- 1:09:06whether pass, no pass on achievement measure.
- 1:09:10What you'll see is that the risk will
- 1:09:14decrease as Other explanatory factors are included.
- 1:09:18And in a case where you have direct measures of academic
- 1:09:23achievement, there, the evidence base is to
- 1:09:27me quite consistent that you observe evidence of
- 1:09:31under identification. The only thing that you sometimes
- 1:09:35see in the literature that I kind of alluded to earlier that maybe I
- 1:09:39shouldn't mention here is there is a
- 1:09:44very small research literature that's tried
- 1:09:48to account for other explanatory factors of
- 1:09:53the nature that we've been describing that are relevant to whether a child has a
- 1:09:56disability. In some of
- 1:10:00that work, including some work that we've conducted, you can find a
- 1:10:04school level kind of an interaction between
- 1:10:08the student in the school. So the racial segregation
- 1:10:12of the school may also matter. So when you're
- 1:10:16going to a school where. Which is heavily racially segregated
- 1:10:20and you're of the same race ethnicity of the.
- 1:10:24The. The. The type of segregation that's occurring.
- 1:10:29So if you're in a mostly black school, a school mostly
- 1:10:32attended by black students, and you're black, that further
- 1:10:37seems to dampen your likelihood of being identified.
- 1:10:41Whereas if you're. If there's some. Right.
- 1:10:44Yeah, you can find it. Now, we're talking about,
- 1:10:48you know, there's a lot of racial and ethnic as well
- 1:10:52as economic segregation in US Schools. So we're
- 1:10:56talking about, you know, sort of a percentage of. A percentage of percentage.
- 1:11:00It's getting. We're getting into a very, you know,
- 1:11:04on the. Very much on the margin for those students
- 1:11:09who seem to, you know, distinct from
- 1:11:14the racial composition of the school, you can find some
- 1:11:18evidence of reporting that those students are
- 1:11:22more likely to be identified. So on the margin, you can
- 1:11:26find some reporting that if you are a black student
- 1:11:30attending a mostly white student, you might be more likely to be
- 1:11:34identified. Or if you're a white student attending a mostly.
- 1:11:38A school attended by mostly black students, you might be more likely to be identified.
- 1:11:42So on that rare on the margin case, you can find some evidence of it.
- 1:11:46The reason I'm so I'm trying to characterize the nature of the finding,
- 1:11:50but there's a lot of racial and ethnic
- 1:11:54segregation that's occurring in school. So,
- 1:11:57for example, most students of color go to mo schools mostly
- 1:12:02attended by students of their same race ethnicity. So that's why
- 1:12:05I'm characterizing a little bit on the rare case on the margin that might be
- 1:12:09occurring. And that certainly warrants further investigation because again,
- 1:12:13as we started talking, we don't want to identify kids with disabilities who
- 1:12:17don't have disabilities, and we don't want to not identify kids with Disabilities who do.
- 1:12:21And that's the balance we should be trying to strike
- 1:12:24now. Our analyses repeatedly find that it's
- 1:12:28way tilted for students who are white or English speaking being
- 1:12:33more likely than otherwise similar students of color or those from non English speaking families
- 1:12:37to be identified. That seems to be the average
- 1:12:41effect, one might say. And so
- 1:12:45we should be, that's, you know, to me, we should be having a lot more
- 1:12:49attention to that, including in terms of federal policy, which is.
- 1:12:53DOC does not recognize this problem despite repeated evidence that it's occurring.
- 1:12:58So anyway.
- 1:13:02No, but national policy asks states. Right. To identify either
- 1:13:06over or under representation. My understanding. Right. It's not just over
- 1:13:10representation. They asked us to identify significant
- 1:13:14disproportionality, which could go either way. Right.
- 1:13:17Okay. Let me maybe just remark on what a master
- 1:13:22is. Okay. From my perspective. Okay.
- 1:13:25Okay. What, what, what, what. What are states
- 1:13:29asked to do? Okay. Under the regulations, equity IDEA
- 1:13:33regulations, they adopt a standard threshold. Okay.
- 1:13:39That still, you know, varies somewhat by states.
- 1:13:42But the regulations ask states to
- 1:13:46adopt a standard threshold that they then monitor. And they monitor it
- 1:13:51across identification, placement and discipline and across different
- 1:13:55racial and ethnic groups. So the state set
- 1:13:59the standard. And what you'll find is if you go in, if you look at,
- 1:14:02you know, state of Illinois, significant disproportionality.
- 1:14:07State of Oklahoma, significant disproportionality. You know, whatever state,
- 1:14:10they'll have regulations, and the regulations will set some type
- 1:14:14of risk ratio. And the number that you generally see is
- 1:14:18something like if students of color, you know, black or Hispanic
- 1:14:22students in the, in the district, if they're three times. If they're,
- 1:14:26if, if, if they're three, essentially, if they're three times as likely to be in
- 1:14:30special ed. Okay, what. And you'll see
- 1:14:34that monitoring over identification, placement and discipline,
- 1:14:36using some numerical target.
- 1:14:40That sets, which is set by each state. It's not safe by
- 1:14:44state, but they have to get it approved by
- 1:14:48the department. And it's somewhere around risk
- 1:14:53ratio of 2.53. And then usually some indication
- 1:14:57of over some consecutive time, say three consecutive
- 1:15:02years or something like that. There's some interesting anecdotes because I
- 1:15:05work earlier on looking at states and back on my PhD years and
- 1:15:09at the beginning when the policy got implemented, you will see thresholds
- 1:15:14like 8 times more likely, 9 times more likely. Yeah, it was completely
- 1:15:18outrageous. But anyway, the reason I
- 1:15:22think it's a mess is because we're not able to understand
- 1:15:26the nature of the problem that is motivating the
- 1:15:30focus. Okay. So.
- 1:15:35If I'm Making this up. But if
- 1:15:39the state of Illinois flagged a set of districts that have significant disproportionality,
- 1:15:44all that means. I mean, I'm not downplaying it, but the
- 1:15:49problem is we don't know anything about the appropriateness of de
- 1:15:53identification. Okay? All we have is the same thing we
- 1:15:57went into this conversation with is some descriptive evidence of a difference.
- 1:16:01That's all we have. The federal government,
- 1:16:04the regulations, the states are not reporting on kids.
- 1:16:08You know that in terms of their,
- 1:16:12say, academic achievement. The analogy would
- 1:16:16be if we were concerned about gender disparities
- 1:16:21in suspension. You know, boys are five times as likely to be suspended
- 1:16:26by schools as girls. Okay?
- 1:16:31We should be concerned. Let's monitor that problem.
- 1:16:35Anyone who studies these issues from a social scientific
- 1:16:39standpoint is going to go, hey, that difference is not sufficient evidence
- 1:16:44of bias. We don't know anything about the appropriateness
- 1:16:47of the response by schools. So one
- 1:16:52explanation is schools are biased against boys. Another explanation
- 1:16:57is boys are acting out and engaging in the behaviors that make it
- 1:17:01more likely they're suspended. Now, I'm not commenting on the appropriateness of
- 1:17:05suspension. I'm not supporting suspension as a
- 1:17:09tool for managing behaviors. I'm not. I'm saying it's a policy issue,
- 1:17:13okay? And when we have this raw, descriptive evidence, we don't know
- 1:17:17anything about the appropriateness of the response. Now, to go back to the significant
- 1:17:20disproportionality regulations, states report this.
- 1:17:24They don't report anything that provides any indication of the appropriateness
- 1:17:28of. Of the disability determination.
- 1:17:33So it could be that the schools are biased. It could
- 1:17:37also be that there's baseline differences in
- 1:17:41rates of disability. For example, we don't know from the evidence being
- 1:17:45provided. Okay? So it's
- 1:17:50important to know whether there's bias happening in how schools are responding to
- 1:17:54behavior or responding in terms of disability identifications.
- 1:17:57What we need is some evidence that allows us
- 1:18:01to know whether bias is occurring. And really the way to do that is this
- 1:18:05differential treatment standard. The significant disproportionality
- 1:18:10regulations do not provide evidence that allows us
- 1:18:13to know whether bias is occurring.
- 1:18:17So every time I see a report, state of Illinois, state of Oklahoma,
- 1:18:21whoever these districts got flagged, I know nothing
- 1:18:25about the appropriateness of the disability notification that's occurring. And nobody
- 1:18:29else does either. But yet the districts are told,
- 1:18:33stop doing that. Okay, well, the districts
- 1:18:37are told to. Address the issue through different causes.
- 1:18:40It could be like improving MTSs, like pouring my resources on
- 1:18:46more early opportunities to learn. Could be. Some people
- 1:18:50are for more cultural responsive instruction with communities of color, more engaging
- 1:18:54with family, et cetera, et cetera, to improve the
- 1:18:58experiences of students before they get to that point of
- 1:19:02identification. Right. That could happen. And I'm all for that. But what I
- 1:19:07also think could happen is schools are saying we can't adopt.
- 1:19:10We can't identify any more students of color. Right. And what's
- 1:19:14happened is now we've artificially limited access to
- 1:19:19services, including by students who may have disabilities who
- 1:19:23are of color. And that's not a situation we want.
- 1:19:26So I'm all for making sure that teachers are culturally
- 1:19:31responsive. I'm all for. For optimizing the educational
- 1:19:35experiences of students, including across many,
- 1:19:39you know, sort of different backgrounds, diverse backgrounds, all for that.
- 1:19:43You know, what I'm worried about is
- 1:19:47that the significant disproportionality thresholds become artificial
- 1:19:53limits to access to services that are disadvantaging
- 1:19:57particular student populations, including those of color.
- 1:20:00And to me, we don't want that.
- 1:20:05If families don't want these services, that's their choice.
- 1:20:09That's largely their choice. Have we met the condition
- 1:20:12that we know that all families have been appropriately informed?
- 1:20:17Have we met the condition that schools are doing everything that
- 1:20:21we can to make sure that all students have access to these services
- 1:20:25who have disabilities? My position is, no, we have not. We have
- 1:20:29a lot of work to do to ensure that. But we don't have
- 1:20:33a study. We don't have a study that points to that. Right. I know it's
- 1:20:36a concern, and I understand the concern, and I will be concerned about, too,
- 1:20:39but I don't think we have evidence to say states are
- 1:20:44responding to these policy measures by denying
- 1:20:48services. Do we have enough evidence to make that statement?
- 1:20:51We have evidence that when states artificially restrict.
- 1:20:56When they artificially restrict access to services,
- 1:21:00particularly by students of color, and this is reported as
- 1:21:04a result of the Texas special education cap, that those students seem to have worse
- 1:21:08outcomes over time. We do have some descriptive reporting that
- 1:21:12schools seem to be responding to the monitoring,
- 1:21:16and there is some suggestions that
- 1:21:20they may be less likely to identify students of color.
- 1:21:24We have a lot of evidence there, too. Right. Because like in the
- 1:21:28case of Texas, and I can think in Chicago, too, I've been in Borman in
- 1:21:31Chicago, which they have said, oh, there is this proportionality. Come the same argument you
- 1:21:35say, and they're trying to address the proportionality, but what they're really trying to do
- 1:21:39is cut money. Right. They're trying to cut funds and not provide the services.
- 1:21:42Right. So more than addressing this proportionality,
- 1:21:45more than Trying to address this proportionality issue. What they're trying to do is justify
- 1:21:50the budget cut, basically. Right. Well, the services are expensive.
- 1:21:54They're about twice as light, twice as costly to provide as
- 1:21:58general education services. This is one of the reasons so many families have it difficulties
- 1:22:02accessing the services because schools know they're costly
- 1:22:06to provide. So,
- 1:22:10so this, I mean to me this is another issue that we should
- 1:22:14try and address. Of course, we could go down to the whole other question
- 1:22:18of like are these, should the federal government do any more to cover the cost
- 1:22:22of these services? Yes. You know, like there's all other things we could talk about.
- 1:22:25Absolutely. So let me build up on that question because we're going to wrap up.
- 1:22:29You were being very generous with time and I appreciate it. So the last question,
- 1:22:32you know, we are in a very interesting context right now, as you probably know,
- 1:22:36with special education office. We may have a
- 1:22:40special education office, but with nobody sitting there. So thinking about
- 1:22:45all the things that are going on right now, the research that you're doing,
- 1:22:47what would you wish to see in a special education in the next 10 years
- 1:22:51if you have to dream big?
- 1:22:55Okay, that's a good question. You know,
- 1:22:59I'll start just as a researcher. We've been cutting
- 1:23:03left and right support for data collection. So it's
- 1:23:07going to be harder to understand and investigate this issue.
- 1:23:11Yeah, that's, that's cutting our
- 1:23:15nose off. The spider our face. That's making things worse. Like we should be collecting
- 1:23:20data to better understand this issue, particularly the kind of data that typically
- 1:23:24the federal government has supported like the NAEP or
- 1:23:28the Eccles k data collections. So speaking for myself as
- 1:23:32a researcher, we should be trying to invest in further study of
- 1:23:37this issue, including as a result of rich
- 1:23:41data collection, large nationally representative samples of children followed across
- 1:23:45time. Those seem to be cut. I think those are making things worse off,
- 1:23:50you know, more, more, more generally,
- 1:23:54I have a lot of concerns about where things are going.
- 1:23:57Like the cuts to IES have been and
- 1:24:01from my perspective, a disaster. The cuts
- 1:24:05to nces a disaster. It's just,
- 1:24:09it's just making things much harder for us to
- 1:24:13understand. These data collections efforts
- 1:24:17are really important to provide an evidence base for special education and education.
- 1:24:23So you know, I have a lot of concerns about where the country is moving
- 1:24:27in terms of kind of the federal government's role in
- 1:24:31supporting scientific investigation
- 1:24:36and special education services, including oversight.
- 1:24:39We, from my perspective, we need the federal government to be providing
- 1:24:43oversight in house localities. States are providing special education
- 1:24:48because there's a lot of reason to believe, as we've been talking about,
- 1:24:51that these services are not being provided,
- 1:24:56including to less resourced families, as they should be.
- 1:25:00And so a declining oversight role in that
- 1:25:04regard gives me a lot of concern, and I feel like we're moving in the,
- 1:25:07in the wrong direction. So, anyway,
- 1:25:11I'll. I would say that of
- 1:25:16course, we can always optimize things better. There's always room for improvement.
- 1:25:20But let's not throw out the baby with the bathwater and let's,
- 1:25:23let's, let's try and support scientific investigation.
- 1:25:27That's that, that focusing, that focus of trying to
- 1:25:31follow the evidence has been very beneficial in many
- 1:25:35ways for understanding how to help children, including in terms of their health
- 1:25:39and also their educational experiences. Well, thank you so much,
- 1:25:42Paul, for your time. This was great. It's been a pleasure to have you on
- 1:25:45the show. I appreciate your generosity. I appreciate the invitation.
- 1:25:49Federico, I think this is great that you're having this kind of discussion.
- 1:25:53If there's any way I can be helpful, please don't hesitate to reach out again.
- 1:25:57And thanks so much for coming up to live.
- 1:26:01Thank you for listening to Dive In. I hope you learned from
- 1:26:05this episode as much as I did. Please help us to spread the word
- 1:26:09about the show. See you next time.