The Impact of Disproportionate Suspension of Students with Disabilities

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by Pamela Talley, Sarah Wayland, and Troy Sampson

For the last nine years, Prince George’s County has been suspending students with disabilities at twice the rate they suspend students without disabilities. Because of a punitive regulation in Federal Law (IDEA), this means that 15% of the Special Education budget (roughly $3.8 million each year) cannot be used to fund special education in our county.

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from Maryland Public School Suspensions by School and Major Offense Category, 2017-208, Maryland State Department of Education

To help you interpret the table above, in 2017 the total number of students enrolled in Prince George’s County Public Schools was 130,814, the number of Black or African American students was 75,818, and the number of students with disabilities was 14,999. That means that the suspension rate for All Students was 1.25%, for Black and African American Students it was 1.56%, and for disabled students the rate was 2.49%.

This may not sound surprising, but it’s important for parents, especially those who have children with disabilities, to understand the real implications. For the last nine years, as a penalty for suspending children with disabilities at a higher rate than their non-disabled peers, PGCPS has been forced to spend 15% of its Special Education budget on supports for students in general education. The Federal Government forbids the spending of this money on special education services. For a school system the size of PGCPS, the amount of money being withheld from our students who need the most support is approximately $3.8 million dollars per year.

Instead, the money must be spent on Coordinated Early Intervening Services (CEIS), which are :

” . . . services provided to students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade three) who are not currently identified as needing special education or related services, but who need additional academic and behavioral supports to succeed in a general education environment.

“The [Individuals with Disabilities Education Act] IDEA (20 U.S.C. §1413(f)(2)) and its regulations (34 CFR §300.226(b)) identify the activities that may be included as CEIS:

(1) professional development for teachers and other school staff to enable such personnel to deliver scientifically based academic and behavioral interventions, including scientifically based literacy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and

(2) providing educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction.”

(From: https://www2.ed.gov/policy/speced/guid/idea/ceis-guidance.doc)

In a presentation to the PGCPS School Board on October 11th, 2018, Dr. Gwendolyn Mason reported the following:

Issue #3: Disproportionality

  • In summer 2016, a meeting was held with MSDE [Maryland State Department of Education] to discuss the overhaul of the CEIS program in PGCPS since the previous plan from 2009-2016 was misaligned to PGCPS areas of need.
  • Based on analysis of suspension and expulsion data, MSDE determined that PGCPS was significantly disproportionate in the disciplinary removal of students with disabilities compared to nondisabled students.
  • PGCPS must use 15% of IDEA Part B funds to develop and provide Coordinated Early Intervention Services (CEIS); over $26 million has been restricted to support the CEIS program.

(You can find a link to the Board of Education meeting on video, as well as supporting documents on the SECAC website here: http://secacpg.org/document-center/selected-presentation-handouts/)

This means that over the last nine years, $26+ million of IDEA funds were shifted from the PGCPS Department of Special Education Budget to the General Education Budget to support CEIS programming. This is because any program funded from this 15% penalty under CEIS (Coordinated Early Intervening Services) CANNOT be used to service a student with an Individualized Education Plan (or IEP – the legal document created for some students with disabilities that spells out the supports, accommodations, and services necessary for that student to be educated.)

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Know Your Rights: How to Advocate for Suspended Students

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by J. Parker

The Prince George’s County school system has been in a state of educational change and growth over the past few months with the new interim CEO. Now, with the addition of new incoming school board members, there is a renewed sense of hope for a change within our school system that will continue to push our system towards new educational heights. However there is still much work to be done, with many concerns surrounding the policies and procedures of disciplinary practices within the county.

In the 2016- 2017 school year, a quarter of all elementary school children suspended in Maryland were from Prince George’s County despite current state legislation prohibiting suspension for grades 2 and under. In the 2017-2018 school year, 48 percent of out-of-school suspensions in Prince George’s county were for disruption and disrespect and 1 in 4 children with out-of-school suspensions in Prince George’s county were students with disabilities.

On November 14, 2018, Delegate Erek L. Barron and former School Board Vice Chair Carolyn Boston, hosted a workshop at G. James Gholson Middle School in Landover, Maryland. The presentation by the Maryland Suspension Representation Project (MSRP) focused on informing the public on their rights during the disciplinary process within Maryland, specifically Prince George’s county. The MSRP is a partnership between Disability Rights Maryland, Maryland Office of the Public Defender, the Public Justice Center, and the Youth, Education and Justice Clinic at the Maryland School of Law.  They are “committed to protecting the due process rights of Maryland students who face school push out.”

There were several key points and takeaways from the workshop, the first being that you and your child should be fully aware of various circumstances where your child has been suspended. If your child was physically removed for breaking school rules, kicked out of a regular classroom, told to go to the front office or the in-school-suspension (ISS) room for the rest of the day, told to go home for the day, or told you cannot enter the building, chances are they have been suspended or possibly expelled.

Parents must be notified in writing of all suspensions prior to the suspension start date. If you receive a call from the school or administration asking you to, “Just come pick your child up,” immediately clarify with the school whether or not your child is being suspended. If they are not, there is no requirement for you to pick your child up at that time and they should be allowed to finish the school day. If they are being suspended, then the administrator must provide you with documentation stating as such at or before you pick up your child that day.

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