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

In 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 Many studies cast color. Concern persists that students are Dunn’s impassioned plea for equity and being segregated through prejudiced or quality in special education, and yet doubt on whether otherwise inappropriate educational arguments about disproportionate representation of low-income students the rights and purported decisions (Blanchett, Mumford, & Beachum, 2005; Proctor, Graves, & Esch, and students of color in special education continue. There have been many advances benefits of IDEA have 2012). A large number of studies report that the students who are most likely to in special education since 1968, and still the evils that Dunn railed against persist been applied equally be placed in special education are Black, male, and poverty-stricken (Harry, to this day. Disproportionality remains a cause of disagreement and at times bitter for all children and, most Klinger, & Moore, 2000; Holzman, 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 94- throughout 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,

Black, and Latino students—are enrolled in special education and with some arguing that minority populations are particularly classified with specific types of disabilities at higher rates than other susceptible to certain disabilities because of economic, cultural, or students (Office of Special Education and Rehabilitative Services, environmental disadvantage (Sullivan & Proctor, 2016); others 2018). In addition to being overidentified, students of color are at suggest racial disparities are the result of broader social inequities higher risk for damaging outcomes, especially Black students, who and race relations (Sullivan & Artiles, 2011). The disproportionate are more likely than White students to be placed in restrictive inclusion rates of low-income students and students of color in educational settings with limited general education involvement, special education programs have also often show fewer academic gains, and remain in been attributed to systemic bias in special education longer (U.S. Department the identification of disabilities in of Education, 2015). The debate rages on schoolchildren, institutionalized racism,

Despite these findings, others argue and purposeful segregation. The debate that identification of students for eligibility about whether students of rages on about whether students of color for special education services is more complicated than just overrepresentation. color are overrepresented are overrepresented in special education because they are inappropriately Sullivan and Proctor (2016) define disproportionality in special education as in special education identified or because they are actually more likely to have disabilities (due to differences in treatment or outcomes that are determined by race, ethnicity, or because they are risk factors such as low-income status). Some argue that students of color are in socioeconomic status, and includes inappropriately identified fact under-diagnosed and missing out on both underrepresentation and necessary services. Research provides overrepresentation in special education. or because they are evidence in support of both sides of the For example, Morgan et al. (2015) claim argument (Donovan & Cross, 2002; that students of color were actually actually more likely Elder, et. al., 2019; Fish, 2019; Morgan underrepresented across five of the disability conditions they studied— to have disabilities et. el., 2015; Skiba, et. al., 2016). Disproportionality is complex and learning disabilities, speech/language impairments, intellectual disabilities, (due to risk factors such enduring, and this article merely skims the surface of a deep-seated problem. No other health impairments, or emotional disturbances—and were less likely to as lowincome status). matter what the underlining causes may be, special education disproportionality is receive potentially beneficial special an issue of social justice because of its education services. Their report drew unequal effects on the education of immediate, intense, critical responses from many researchers in the students of color, particularly Black students (Sullivan & Proctor, field of special education who argue that students of color and poor 2016). Therefore, it is imperative that special education programs students have a well-documented history of being overrepresented be continuously and scrupulously examined for underrepresentation in special education (Cohen, Burns, Riley-Tilman, & Hosp, 2015; and overrepresentation. The process and the criteria used to identify Blanchett & Shealey, 2016; Skiba et al., 2016). a student as disabled must be informed by enhanced cultural

The research studies and governmental reports cited previously competency of educators. The effectiveness of special education represent a mere fraction of analyses on disproportionality. programs and services must be evaluated on the results that they Despite over five decades of research, the extent and type of produce and not the good intentions of the providers. These steps disproportionality (overrepresentation and underrepresentation) and others will allow educators to finally respond to Dunn’s as well as the mechanisms causing it are still not agreed upon. A indictment that “In my view, much of our past and present number of explanations for disproportionality have been offered, practices are morally and educationally wrong.”