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The Beacon Fall 2020
Inside the Institute
A Question of Social Justice:
Disproportionality in Special Education By Dr. John J. Russell Special Projects Advisor at The Windward School and Associate Director of the Haskins Global Literacy Hub
I
n 1968, Lloyd Dunn published his often-cited article, “Special Education and Rehabilitative Services, “This law had a dramatic, Education for the Mildly Retarded—Is Much of it Justifiable?” positive impact on millions of children with disabilities in every In it, he argued that minority and low-income students were state and each local community across the country.” being classified as mildly mentally retarded (author’s note: Since the passage of PL 94-142 45 years ago, significant progress “mildly mentally retarded” was a catchall phrase that included a has been made toward meeting its goals for developing and number of disabilities; this term, which is considered offensive, implementing effective programs and services for early intervention, is no longer acceptable) more than was justified, stating, “In my special education, and related services. Before IDEA, many children view, much of our past and present practices are morally and were disastrously denied an education at all. For example, in 1970, educationally wrong. We have been living at the mercy of general schools educated only one in five children with disabilities, and educators who have referred their problem children to us. And numerous states had laws excluding certain students, including we have been generally ill prepared and ineffective in educating children who were deaf, blind, emotionally disturbed, or cognitively these children. Let us stop being pressured into continuing and challenged (US Department of Education, 2015). Many studies, expanding a special education program that we know now to be however, cast doubt on whether the rights and purported benefits of undesirable for many of the children we IDEA have been applied equally for all are dedicated to serve.” children and, most notably, children of Over 50 years have passed since color. Concern persists that students are Many studies cast Dunn’s impassioned plea for equity and being segregated through prejudiced or quality in special education, and yet otherwise inappropriate educational doubt on whether arguments about disproportionate decisions (Blanchett, Mumford, & the rights and purported representation of low-income students Beachum, 2005; Proctor, Graves, & Esch, and students of color in special education 2012). A large number of studies report benefits of IDEA have continue. There have been many advances that the students who are most likely to in special education since 1968, and still be placed in special education are Black, been applied equally the evils that Dunn railed against persist male, and poverty-stricken (Harry, to this day. Disproportionality remains a Klinger, & Moore, 2000; Holzman, for all children and, most cause of disagreement and at times bitter 2006; Noguera, 2005). More recently, debate among researchers, educators, notably, children of color. Mohammad (2016) maintains that Black advocates, and policymakers. male students are disproportionately In 1975, Congress enacted placed in the special educational systems the Education for All Handicapped Children Act (Public Law 94throughout inner-city public schools in the United States. 142) guaranteeing a free, appropriate public education to each child In a study sponsored by The Research Alliance for New York with a disability. In 1997, PL 94-142 was amended to become City Schools, Fancseli (2019) found that 6% of NYC students with the Individuals with Disabilities Education Act (IDEA). The stated IEPs were Asian, 31% were Black, 48% were Latino, and 13% were purposes of the law were to improve how children with disabilities White, while the actual racial/ethnic composition of the City’s were identified and educated, evaluate the success of these efforts, public schools was 16% Asian, 27% Black, 41% Latino, and 15% and provide due process protections for children and families. White. This pattern of racial disparities is similar to that seen According to the US Department of Education’s Office of Special nationally, where students of color—particularly Native American,
