This week, I did a lot of research into the history of special education. I created a short timeline of historical events in special education, which can be found at the following link: https://www.timetoast.com/timelines/2050581.
Although a lot of the discrimination seems to be against African Americans, Latinos have also been targeted. In the 1970 case of Diana v. California State Board of Education, a Spanish-speaking student was placed into a special education program for scoring low on a test that was given in English (UCLA School Mental Health Project). How is a student expected to score well on a test that is not given in his or her native language? Unfortunately, this idea of using unfairly low test scores to justify special education placement seems to be a trend. After Brown v. Board of Education desegregated public schools, some school districts tried to encourage de facto segregation with gerrymandering. They targeted poor, black schools with low standardized test scores to try to justify special education placement for these students (UCLA School Mental Health Project).
Recent studies seem to disagree on whether or not “disparities
in special education could be influenced by… bias generated at the level of
special education referral and decision making” (Skiba, Simmons, Ritter, Gibb,
Rausch, & Chung, 2008). This means that there is no single, simple
explanation for the disproportionality in special education. Racial disproportionality seems to be determined by multiple social forces, including economic status and classroom behavior (Skiba,
Simmons, Ritter, Gibb, Rausch, & Chung, 2008).
To try to combat the overrepresentation of minority students in special education, the U.S. Department of Education Office for Civil Rights issued a letter to help educators recognize and prevent racial discrimination in special education. The letter states that “special education and related services are vital to students with disabilities who need such services… unfortunately though, our enforcement experience continues to confirm: (1) over-identification of students of color as having disabilities; (2) under-identification of students of color who do have disabilities; and (3) unlawful delays in evaluating students of color for disability and their need for special education services” (Lhamon, 2016).
To try to combat the overrepresentation of minority students in special education, the U.S. Department of Education Office for Civil Rights issued a letter to help educators recognize and prevent racial discrimination in special education. The letter states that “special education and related services are vital to students with disabilities who need such services… unfortunately though, our enforcement experience continues to confirm: (1) over-identification of students of color as having disabilities; (2) under-identification of students of color who do have disabilities; and (3) unlawful delays in evaluating students of color for disability and their need for special education services” (Lhamon, 2016).
The U.S. Department of Education gives a few
suggestions to prevent racial discrimination in this letter. First, schools should
look closely at referrals for special education. Obviously, racial
discrimination in referrals can lead to underrepresentation of students who
need special education resources. Initial referral of a student for special
education is a crucial point where racial discrimination may be identified. It
is important that districts ensure that staff do not discriminate against
students by relying on stereotypes. In fact, “racial stereotypes can influence
adult expectations and behavior” (Lhamon, 2016). I am sure that most, if not all, of
these teachers do not mean to discriminate against minorities. However, the
school needs to double check teachers’ referrals to ensure that all students
are fairly represented.
Evidence-based intervention within the general education setting is another great way to help reduce inappropriate special education referrals. These interventions should be provided in addition to special education evaluations (Lhamon, 2016). For example, if a large percentage of English Language Learners (ELLs) are referred for special education, an intervention might determine that these students do not actually have a disability. ELLs often enter schools with underdeveloped literacy skills, but that does not mean that they should be placed in special education. These students are learning discipline-specific information in a language that is not native to them. These students need a little more help with the language, but that does not necessarily mean they need extra help with the discipline-specific content.
Special education has a questionable past, and there are still issues. However, it is encouraging that the U.S. Department of Education and other organizations are addressing some of the them. I am hopeful that we can eventually eliminate the racial bias in special education (or at least come close to it). Special education resources are most beneficial when they are provided to the students who truly need them.
Evidence-based intervention within the general education setting is another great way to help reduce inappropriate special education referrals. These interventions should be provided in addition to special education evaluations (Lhamon, 2016). For example, if a large percentage of English Language Learners (ELLs) are referred for special education, an intervention might determine that these students do not actually have a disability. ELLs often enter schools with underdeveloped literacy skills, but that does not mean that they should be placed in special education. These students are learning discipline-specific information in a language that is not native to them. These students need a little more help with the language, but that does not necessarily mean they need extra help with the discipline-specific content.
Special education has a questionable past, and there are still issues. However, it is encouraging that the U.S. Department of Education and other organizations are addressing some of the them. I am hopeful that we can eventually eliminate the racial bias in special education (or at least come close to it). Special education resources are most beneficial when they are provided to the students who truly need them.
References
Lhamon, C. E. (2016,
December). “Preventing Racial Discrimination in Special Education.” United States Department of Education,
Office for Civil Rights. Retrieved from https://www.wrightslaw.com/law/ocr/colleague.201612.racedisc.pdf
Skiba, R. J.,
Simmons, A. B., Ritter, S., Gibb, A. C., Rausch, M. K., & Chung, C. G.
(2008). “Achieving Equity in Special Education: History, Status, and Current
Challenges.” Exceptional Children.
Vol. 74. Issue 3. 264-288.
UCLA School Mental Heath Project. “Addressing Barriers to Learning New Directions for Mental Health in Schools.” Retrieved from http://smhp.psych.ucla.edu/conted2/abc3.htm
Wright’s Law.
(2019). “Special Education Law and Advocacy.” Retrieved from https://www.wrightslaw.com/
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