Racial disparities are becoming a significant and growing problem in special education. A recent article pointed out three fundamental issues. First, it highlights the nearly 100% jump in the number of school districts pinpointed with “significant disproportionality” in special education from 2018-19 to 2020-21, as reported by the U.S. Department of Education (DoE). Second, it addresses unequal access and treatment for children across racial backgrounds. And finally, it examines the deeper, systemic problems that worsen this concerning trend.

The Rising Problem of Racial Disparities in Special Education

As mentioned, the DoE data shows an almost 100% surge between the 2018-19 and 2020-21 school years in the number of districts marked with what's termed “significant disproportionality” in special education, with particular emphasis on racial disparities. This means that children from varying racial backgrounds aren't getting equal access or fair treatment in special education programs. A trend like this is concerning for several reasons.

What is “Significant Disproportionality” and How Does it Impact Students?

“Significant disproportionality” speaks to the over- or underrepresentation of racial groups in special education. This imbalance can lead to over-identification, which might burden children with needless labels or under-identification, potentially depriving them of essential support and interventions. As you can imagine, neither of these (the needless labels or the lack of support) is ideal.

These disparities have serious real-world consequences. For instance, Black students with disabilities are considerably more likely to be suspended or expelled. The missed education contributes to widening achievement gaps, which in turn feeds the cycle of the school-to-prison pipeline.

What Parents Can Do: Advocacy, Awareness, and Action

If you think your child might not be getting the support they need as a result, there are steps you can take to advocate for them. Here are some suggestions:

1. Know Your Rights: Familiarize yourself with your legal rights under the Individuals with Disabilities Education Act (IDEA) and other relevant laws.
2. Communicate with the School: Start talking with your child's educators and administrators. Ask the tough questions and voice your worries.
3. Get Involved: Be part of (or start) a parent advocacy group in your district. United voices often resonate louder.
4. Seek Professional Assistance: Sometimes, representation by an education lawyer might be the only way to guarantee your child's rights are upheld.

Best National Attorney for Your Special Education Defense

If you're worried about whether your child's being adequately supported by their school, you don't have to fight this alone. Your child deserves support—and it's legally required by federal law. The Lento Law Firm Education Law Team can work with you to ensure your child's needs are met. If you're concerned that your child's rights are being violated, contact us today at 888.535.3686 or reach out online to see how we can help.