The New Jersey Department of Education has alleged that the Lakewood School District's risk ratios for special education identification and placements were "significantly disproportionate. One category which is allegedly significantly disproportionate is the number of white students placed in separate education settings as compared to the number of total white students in the district overall.
Under the IDEA, state departments of education must calculate and determine whether districts are significantly disproportionate. An even bigger catch here is that the state are supposed to set their risk ratio threshold after meeting with stakeholders. State officials invited Lakewood School District officials to two meetings on the topic. The Lakewood officials did not bother to show up. Hence, the State adopted their risk ratio threshold without any input from Lakewood.
In other words, the amount of white students within each respective category, as compared to the number of total white students in the district overall, was significantly disproportionate to the number of all students within each respective category.
NJDOE also calculated risk ratios for disciplinary removals, which it must do for children with disabilities ages six through twenty-one, not including children in private schools. To determine if an LEA is significantly disproportionate for disciplinary removals, NJDOE reviews five categories, all of which can have their own finding of significant disproportionality: out-of-school suspensions and expulsions of ten days or fewer; out-of-school suspensions and expulsions more than ten days; in-school suspensions of ten days or fewer; in-school suspensions more than ten days; and disciplinary removals in total.
The first four disciplinary risk ratios are calculated using the number of students who faced those disciplinary actions. Oral argument took place on May 19, The N. The state's analysis as to whether or not a LEA is substantially disproportionate must be based on accurate data and appropriate measurement, butthe NJDOE has forsaken accuracy for uniformity and expediency.
