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State Performance Plan (SPP) Indicators 9 and 10: Disproportionate Representation

SPP Indicator 9 -Disproportionate Representation Percent of districts with disproportionate representation of racial and ethnic groups in special education and related services that is the result of inappropriate identification. 
SPP Indicator 10-Disproportionate Representation in Specific Disability Categories Percent of districts with disproportionate representation of racial and ethnic groups in specific disability categories due to inappropriate identification.

General Information on the SPP/APR can be found on the U.S. Department of Education Office of Special Education's SPP/APR Community Website.

The New York State Education Department's SPP/APR Stakeholder Engagement Website provides information regarding Indicators 9 and 10, including a descriptive handout explaining the measurement and improvement strategies to ensure that districts do not disproportionately identify and/or classify students of certain racial and ethnic groups for special education and related services.

Special Education Quality Assurance School District Review

School districts notified by the New York State Education Department  as having one or more years of data showing the disproportionate identification and/or classification of racial and ethnic groups for special education and related services will be reviewed by their regional Special Education Quality Assurance Office. The Disproportionate Identification and/or Classification of Racial and Ethnic Groups for Special Education and Related Services Review evaluates the district's policies, procedures, and practices (i.e., implementation of policies and procedures) that most closely impact identification and/or classification of students as having disabilities that require special education and related services to ensure that inappropriate policies, procedures, and practices do not contribute to such disproportionality.

The Review focuses on the special education requirements listed below:

  • Referral to the Committee on Special Education (CSE)- The practices of the school district will be reviewed to determine if teachers and administrators make appropriate use of pre-referral interventions and if student referrals are handled consistently school-wide.
  • Evaluation to Determine Eligibility- The school district’s evaluation practices will be reviewed to determine if students of all racial and ethnic groups, and particularly students of the identified group, have received appropriate evaluations.  The evaluations must include a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student that may assist in determining whether the student is a student with a disability.
  • Eligibility Determination- The district’s CSE process will be examined to determine to what extent students of the identified racial and ethnic groups are provided appropriate instruction and resources to promote learning prior to referral and that the CSE recommendation is based on the students’ evaluations.

The Culturally Responsive-Sustaining (CR-S) Education Framework  is intended to help education stakeholders create student-centered learning environments that affirm cultural identities; foster positive academic outcomes; develop students’ abilities to connect across lines of difference; elevate historically marginalized voices; empower students as agents of social change; and contribute to individual student engagement, learning, growth, and achievement through the cultivation of critical thinking. The framework was designed to support education stakeholders in developing and implementing policies that educate all students effectively and equitably, as well as provide appropriate supports and services to promote positive student outcomes. 

The New York State Education Department Office of Special Education Educational Partnership is a coordinated and cohesive network of support focused on enhancing services and supports for students with disabilities from early childhood and school-age education to engagement in post-school opportunities. Visit the Educational Partnership Website to view trainings and resources related to disproportionality.