The unequal representation of minorities in special education has been a widely debated topic in the United States. For years, there has been a noticeable increase in minority students being referred for evaluation and subsequently placed in special education programs. The disproportionate representation of minorities across disability type and educational setting has been analyzed extensively through educational research. Furthermore, the overrepresentation of minorities has resulted in concerns over legal segregation in schools.

This paper will discuss the impact of special education legislation on minority students, highlight the findings of current research on disproportionate representation, examine the biblical worldview on the topic, and explore how federal special education legislation contributes to legal segregation in schools.

IDEA guarantees that students with disabilities have access to a free and appropriate public education in the least restrictive environment possible. The federal law mandates that school districts provide special education and related services to eligible students, including individualized education programs, assistive technology, and testing and assessment accommodations.

However, the primary concern with special education legislation is the disproportionate representation of minority students in special education programs. According to the National Center for Education Statistics, minority students are more likely to be identified as having disabilities than their white peers. The overrepresentation of minority students is most evident in certain disability categories, such as emotional and behavioral disorders and intellectual disabilities.

Research has shown that African American and Hispanic students are especially overrepresented in special education. “The intersection of disability and race as a means of discrimination in the United States has a long history,” states Beratan (2008). This overrepresentation has been attributed to cultural and linguistic differences, poverty, and biases in the identification process.

Disproportionate representation is not a new issue in special education. The term “institutional abilism” has been coined to describe the collective failure of an organization to provide an appropriate and professional service to people because of their disability.

In conclusion, the disproportionate representation of minority students in special education programs is a significant concern in the United States. While IDEA guarantees access to a free and appropriate public education for all students with disabilities, there is still a need for increased awareness and efforts to address the overrepresentation of minority students in special education.

The assessment process for special education is often biased against minority students, which can result in their disproportionate representation in SPED programs. Standardized or norm-referenced tests may fail to accurately reflect the experiences of minority students or may contain cultural or linguistic biases (Artiles & Ortiz, 2002). Moreover, individual biases may cause differences in how minority students are referred for assessment or assessed by school personnel (Skiba et al., 2006).

Special education is a significant area for students with disabilities, but they often face a weighty stigma that can lead to negative social and emotional consequences. The stigma can take different forms, such as discrimination, exclusion, or marginalization, causing students with disabilities to be treated differently or negatively by their peers and sometimes even by teachers (Toye, Wilson, & Wardle, 2019). This situation can create barriers to accessing educational resources and opportunities, resulting in personal and academic repercussions. To provide a more inclusive and supportive learning environment for students with disabilities, it is essential to recognize and address the stigma associated with special education.

Researchers have also studied how IDEA can be misused to enable legal segregation of minorities, particularly students of color. IDEA statistics show an over-identification of students with disabilities, which leads to their placement in separate special education programs or classrooms (Bastart, Rhomer, & Popa-Roch, 2021). This over-identification may be driven by cultural bias, poverty, and inadequate resources, resulting in a disproportionate representation of minority students in special education programs (Beratan, 2008). It is also challenging for students with disabilities to exit special education programs, which further perpetuates their segregation from their non-disabled peers.

The over-representation of minority students in special education raises concerns about legal segregation in schools, which can manifest in several ways. Minority students may be disproportionately placed in separate special education classrooms or schools, leading to physical separation and isolation from their non-disabled peers and negative social and emotional consequences (Donovan & Cross, 2002). Legal segregation can also occur when minority students are denied access to general education programs and are instead placed in special education programs due to the failure of schools to provide appropriate accommodations and modifications to support them in regular classrooms (Artiles & Ortiz, 2002). This denial of access can limit the educational opportunities available to minority students, perpetuating poverty and underachievement.

Legal segregation may occur when schools erroneously or unfairly place students in special education programs that are designed to serve only specific disabilities or cultural backgrounds. Creating separate special education programs for certain disability categories or designing programs to serve students from particular cultural or linguistic backgrounds can severely impact diversity and limit exposure to different cultural and linguistic experiences, with negative consequences for all students involved (Skiba et al., 2006).

Though IDEA aims to provide equal educational opportunities for students with disabilities, it is vital to recognize the potential for over-identification and segregation and address these issues to ensure equity and inclusion for all students. The IDEA law mandates the reporting of special education statistics to the U.S Department of Education to identify over or under-representation of any one group across all disability types. However, ambiguity in significant discrepancy and limited follow-up on district and state reporting of statistics continues to plague the U.S. education system. The disproportionate representation of minorities in special education has led to the characterization of special education identification and placement, mandated by IDEA, as discriminatory and racist.

Although the Bible does not specifically address special education, it provides guidance on treating others as a Christian, promoting equality, and seeking justice for all individuals. From a Christian perspective, addressing the disproportionate representation of minorities in special education and federal legislation that enables legal segregation of students emphasizes the importance and principle of treating all people with respect and dignity while working to remove biases and discrimination.

Summary

Studies have been conducted to question whether special education identification practices lead to the segregation of minorities. It is important to evaluate the benefits of special education services for disabled students. Addressing the disproportionate representation of minority students in special education is a complex issue that requires a multifaceted approach.

First, education leaders must ensure that the special education identification process is equitable and unbiased for all students, regardless of their ethnicity or race. Second, schools, educators, and legislation must work towards creating a supportive and inclusive environment for students with disabilities to ensure equal access to education and learning opportunities.

Sources

Bastart, Rohmer, and Popa-Roch's (2021) research examines how discriminatory behavior against students with disabilities is legitimized in schools. Hill's (2021) study investigated various factors influencing instruction in inclusive classrooms from the perspectives of administrators, general and special education teachers. Millar's (2008) paper analyzes how the bad faith/gross misjudgment standard in special education discrimination cases reduces the standard of care. Strassfeld's (2017) article discusses the future of the Individuals with Disabilities Education Act (IDEA) to reduce the disproportionate representation of minority students in special education and to minimize intentional discrimination claims. Toye et al.'s (2019) study examines education professionals' attitudes towards the inclusion of children with ADHD. Lastly, the Holy Bible (1973, 1978, 1984; 2011) offers guidance on empathetic and equitable treatment of all individuals.