Massachusetts Department of Elementary and Secondary Education Discipline Regulations Review

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Massachusetts Department of Elementary and Secondary Education conducts a review of discipline identification and reporting in schools, focusing on over-reliance on long-term suspension, suspension disparity by race and disability status, and compliance with Individuals with Disabilities Education Act. The regulations aim to address significant disparities in suspension and expulsion rates and identify schools needing assistance to reduce reliance on harsh disciplinary actions.


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  1. Discipline Identification and Reporting June 2016 1 Massachusetts Department of Elementary and Secondary Education

  2. Agenda Review MA discipline regulations and identification process: Over-reliance on long-term suspension Suspension discrepancy by race/SWD status Review Individuals with Disabilities Education Act (IDEA) reporting on disciplinary removals for students with disabilities Questions 2 Massachusetts Department of Elementary and Secondary Education

  3. MA Discipline Regulations 603 CMR 53.14(4) requires ESE and the Commissioner to identify: Schools that need assistance to reduce over-reliance on long-term suspension or expulsion as a consequence for student misconduct Schools and districts with data that reflect significant disparities in the rate of suspension and expulsion by race and ethnicity, or disability ESE used 2014-2015 SSDR data to make identifications in 2016 3 Massachusetts Department of Elementary and Secondary Education

  4. Long Term Suspension ID and Reporting ESE reports rates of students suspended for more than 10 cumulative days in a school year Posted on School and District Profiles Days Missed Report Guide ID of schools in need of assistance to reduce over-reliance on long term suspension and expulsion Criteria: At least 100 students enrolled At least 5% of students suspended for 10 days or more 12 schools identified 4 Massachusetts Department of Elementary and Secondary Education

  5. Discrepancy by Race/SWD ID and Reporting Rate difference methodology used: Compares racial and/or SWD subgroup to all students Measures disparities in two ways: within school/district and to state Incorporates central tendency: two standard deviation threshold for significant disparity Consider overall suspension/expulsion rate Districts and schools with below average suspension rates not identified 5 Massachusetts Department of Elementary and Secondary Education

  6. Methodology Detail 1) Determine universe of eligible groups. Enrollment >= 20 and >=6 students suspended 2) Calculate average rate difference at school and district level. Treat race and SWD subgroups separately : 1)Race/eth subgroup - school/district rate 2)Race/eth subgroup state rate 3)SWD subgroup school/district rate 4)SWD subgroup - state rate 3) Flag groups with internal AND state differences outside two standard deviations. 4) School/District rate must be greater than the average school/district rate. 6 Massachusetts Department of Elementary and Secondary Education

  7. Example- Race, school level 1) Calculate average difference to school and state rates among eligible groups School Group Group Rate All Group to All Students Diff State Rate Group to State Diff Students Rate 1 Hisp 45.2% 19.0% 26.2% 4.1% 41.1% 2 White 32.2% 18.6% 13.6% 4.1% 28.1% 3 Asian 28.6% 20.3% 8.3% 4.1% 24.5% 4 Black 31.6% 16.2% 15.4% 4.1% 27.5% 4 Multi 29.1% 16.2% 12.9% 4.1% 25.0% Difference Average Difference Std Dev 2 Std Dev Difference Threshold Group to School 15.3% 4.6% 9.2% 24.5% Group to State 29.2% 4.8% 9.6% 38.8% 2) Average difference + 2 standard deviation = difference threshold for flagging 7 3) School #1 will be flagged for it s Hispanic group. Both school difference and state difference are above thresholds. Massachusetts Department of Elementary and Secondary Education

  8. Example, cont.: School #1 has been flagged for it s Hispanic group, so School Group Group Rate All Group to All Students Diff State Rate Group to State Diff Students Rate 1 Hisp 45.2% 19.0% 26.2% 4.1% 41.1% 2 White 32.2% 18.6% 13.6% 4.1% 28.1% 3 Asian 28.6% 20.3% 8.3% 4.1% 24.5% 4 Black 31.6% 16.2% 15.4% 4.1% 27.5% 4 Multi 29.1% 16.2% 12.9% 4.1% 25.0% 4) Check whether school rate is higher than average school rate of 7.2% The school rate is 19.0%. School #1 will be identified for significant discrepancies. 8 Massachusetts Department of Elementary and Secondary Education

  9. 2015 Actual Criteria Schools To All Students To State (4.1%) Average School Rate 2 SD Threshold Difference 2 SD Threshold Difference Group Type Race 10.8 25.4 7.2 SWD 15.5 31.4 Districts To All Students To State (4.1%) Average District Rate 2 SD Threshold Difference 2 SD Threshold Difference Group Type Race 7.7 15.1 5.0 SWD 11.1 21.8 9 Massachusetts Department of Elementary and Secondary Education

  10. Identification Summary Schools and Districts Identified for Discrepancies School District Reason: N N Race 20 3 SWD 5 0 Total 25 3 10 Massachusetts Department of Elementary and Secondary Education

  11. Federal IDEA Reporting All states that receive IDEA funds must report annually on a number of performance indicators, including indicator 4: 4A. Significant discrepancy in the rate of suspensions and expulsions of greater than 10 days for children with IEPs 4B. Significant discrepancy in the rate of suspensions and expulsions of greater than 10 days for children with IEPs, by race or ethnicity 11 Massachusetts Department of Elementary and Secondary Education

  12. Indicator 4A Step 1: Identify the overall state rate. Calculate the percentage of SWDs who were removed for greater than 10 days during the school year. This is the state rate. Step 2: Calculate each district s rate.* Calculate the percentage of SWDs in each district who were removed for greater than 10 days during the school year. Step 3: Identify districts with a significant discrepancy. Compare each district s rate to the state rate, and identify districts whose rate has been at least 5x the state rate for the past two years. 12 *Note that all districts with fewer than 30 SWDs are not included in the calculation. Massachusetts Department of Elementary and Secondary Education

  13. Indicator 4B Step 1: Identify the overall state rate. Calculate the percentage of SWDs who were removed for greater than 10 days during the school year. This is the same state rate as in 4A. Step 2: Calculate each district s rate for each racial/ethnic group.* Calculate the percentage of SWDs in each racial/ethnic group in each district who were removed for greater than 10 days during the school year. Step 3: Identify districts with a significant discrepancy. Compare each district s rate for each racial/ethnic group to the overall state rate and identify districts whose rate for a specific racial/ethnic group has been at least 5x the state rate for the past three years. Step 4: Review the identified districts policies, practices and procedures. Districts identified under indicator 4B will undergo a review of their policies, practices, and procedures (PPPs), to determine whether or not the PPPs contributed to the significant discrepancy. 13 *Note that all districts with fewer than 10 SWDs in a particular racial/ethnic group are not included in the calculation for that racial/ethnic group. Massachusetts Department of Elementary and Secondary Education

  14. Indicator 4 In FFY15 . State rate = 0.7% 5x state rate = 3.4% 5 districts were flagged under indicator 4A 9 districts were flagged under indicator 4B 14 Massachusetts Department of Elementary and Secondary Education

  15. Questions? 15 Massachusetts Department of Elementary and Secondary Education

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