A recent article in the Washington Informer, “Black Students With Disabilities Deserve Better School Experiences,” shows that the discrimination Black students have traditionally faced is exacerbated when they have disabilities – particularly if the disability is undiagnosed or misdiagnosed. Many schools continue to deny Black students with disabilities the services they are afforded by law, and disproportionately exclude them from the classroom, despite efforts to­ implement inclusive practices and policies.

Biases in Addressing Behavior

Black students – those with and without disabilities – already experience the negative effects of racial bias by educators who may not even be aware of their tendency to see a Black student's behavior as more threatening or disruptive than the same behavior from a white student.

The habit of perceiving Black students in this way can have devastating effects on a child's education, starting at a very young age. In turn, this creates lasting impacts on a student's future. When a student's behavior results in punitive consequences that exclude them from learning opportunities – such as a suspension or expulsion – disparities in achievement and opportunity grow even wider.

Removing Already Underserved Students from Classrooms

Too often, school disciplinary practices involve removing students from learning opportunities, which is harmful and perpetuates the losses Black students and students with disabilities already endure.

In recent years, many districts across the country have become aware of this and have made efforts to reduce disparities. There is a growing trend of schools moving away from punishment, including exclusionary practices, and toward restorative discipline that stresses teaching positive behaviors. Some districts have even placed moratoriums on suspensions at certain grade levels.

These districts likely also understand the importance of investing in staff professional development aimed at uncovering unconscious biases as well as incorporating teaching strategies that address racial inequities.

Yet while policies and practices aimed at reducing disproportionality may exist in theory, what a student experiences can look dramatically different. Lack of resources, staff, professional development opportunities, and other shortages can leave schools ill-equipped to live up to their goal of ensuring all students receive the support they deserve and are legally entitled to.

Undiagnosed or Misdiagnosed Disabilities

As the Washington Informer article points out, when it comes to identifying students who qualify for special education services, Black students often remain undiagnosed or are misdiagnosed. Either way, they are denied the educational services they are legally entitled to under federal and state law.

All students, regardless of race or disability status, have a legal right to a free and appropriate education. Further, the 1990 Individuals with Disabilities Act (IDEA) outlines the rights and protections students with disabilities have under federal law, and schools' responsibility to serve all students equitably. Becoming familiar with these legal protections is a good first step in determining whether your student is entitled to special services and support.

Good Intentions Are Not Enough

Well-intentioned educators and schools can fall short of their vision for equitably serving Black students with disabilities. Families may find they need to advocate for their student's rights. Yet navigating school systems – particularly those that are under-resourced – and legal protections can be labor- and time-intensive. While schools may not intentionally place barriers to accessing the services and support all children need, the reality is that many families face difficulties in ensuring their students receive an inclusive, equitable education.

An Experienced Education Lawyer Can Help

Every student deserves to be supported in their academic development. If you believe you may need to take action to secure your student's right to a safe, supportive educational experience, an experienced education lawyer can help.

Attorney Joseph D. Lento and the Lento Law Firm team understand that when your child's rights and future are at stake, you need advocates who will work tirelessly to ensure they have access to the best possible education.

Get in touch with the Lento Law Firm team today by calling 888-535-3686, or schedule a consultation online.