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3. Use of E&S Survey Data
Pages 36-45

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From page 36...
... In this chapter we examine how E&S survey data have been used to enforce civil rights laws, to promote public involvement in efforts to ensure that schools provide equal access to highquality education, and as a resource for education researchers. USE IN ENFORCEMENT Internal OCR Use With a budget of $71.2 million (in fiscal 2000)
From page 37...
... Although some lawyers in the regional offices often use E&S data in their work, most OCR staff seldom,ifever,use them. One reason for this lack of use is that OCR staff have not been provided with technical assistance or professional development on how to access and manipulate the data or on how the survey data could be used in enforcement activities (Peter McCabe, former director, E&S survey, personal communication, 20021.
From page 38...
... . ensuring that nondiscriminatory practices are followed in the placement of minority students in special education and in the provision of access to gifted and talented programs; ensuring that English-language learners are afforded access to 2The number of compliance reviews conducted varies substantially from year to year in accordance with changes in the Department of Education's administrative priorities.
From page 39...
... However, some agreements transcended a narrow focus on ensuring that the students' rights under the laws governing special education are strictly USE OF ENS SURVEY DATA enforced. Some also addressed deficiencies in other school programs that may contribute to the observed racial disparities in special education.
From page 40...
... in early 2003 (Peter McCabe, personal communication, 2002~. MEASURING ACCESS TO LEARNING OPPORTUNIT Increased use of E&S survey data for enforcement by the OCR is contingent on factors related to the administration of the survey, as well as OCR's enforcement policies and priorities.
From page 41...
... . USE OF E&S SURVEY DATA However, except for issues related to special education, litigation of education civil rights issues has become increasingly rare in recent years (Ryan, 2002; Paul Weckstein, director, Center for Education Law, personal communication, October 20021.
From page 42...
... For example, plaintiffs making disparate impact claims related to highstakes testing must first show that the use of a test has a disparate adverse impact on a protected group. Evidence of statistical disparities, such as those often found in analyses of EMS survey data, typically is sufficient.
From page 43...
... OCR officials hoped that researchers would link E&S school data with neighborhood population data corresponding to school attendance boundaries, as well as to other datasets. It was hoped that researchers would then conduct analyses that would provide incisive and comprehensive overviews of the current state of education civil rights issues in USE OF E&S SURVEY DATA the United States and how various school and nonschoo} factors interact in affecting equality of access to educational opportunities.
From page 44...
... use E&S survey data to inform and mobilize citizens' involvement in their schools. Long before the E&S survey (lata became available over the Internet, organizations such as NCAS obtained the data from OCR to produce publica tions that inform parents and families about the level of access available to their children in local public schools (see Carmona, Wheelock, and First, 1998; National Coalition of Advocates for Students, 19981.
From page 45...
... RESEARCH USE Until recently, E&S survey data rarely have been used for academic research. A few researchers have used the data to analyze issues related to school desegregation (see, e.g., Parley, 1975, 1976, 1978; Fariey, Richard, anti Wur(lock, 1980; Welch, 1987; FarIey and Taeuber, USE OF E&S SURVEY DATA 1974; Orfield, 1977, 1978, 1986, 1996; Orfield and Yun, 19991.


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