Disproportionality in education is defined as the overrepresentation of specific racial or ethnic groups requiring special education (NJDOE New Jersey Department of Education [OSEP], 2018). Minority students who may be inappropriately identified as having disabilities may be harmed by being stigmatized with labels, experiencing lower expectations,…

This brief provides an overview of state and district legal requirements related to disproportionality; addresses common pitfalls in policy, practices, and procedures; and discusses how to proactively structure policies and procedures in systems of service delivery to address disproportionality.

Special education disproportionality for culturally and linguistically diverse (CLD) students persists as a controversial and intractable problem in our educational systems. Response to intervention (RtI) and culturally relevant pedagogy (CRP), both independently and collectively are considered to offer promise for mitigating conditions of…

Alternative programs in the nation are faced with the responsibility of meeting the needs of the students removed from their home school for various infractions. Current legislation (IDEA, 2004) holds educators legally responsible for providing all students, including those with disruptive behaviors, a free and appropriate education in the least…

Response to Intervention (RtI) consists of multi-tiered instructional delivery systems in which educators provide research-based interventions to students that increase in intensity depending on students' instructional response. RtI is currently being implemented in schools across the United States. RtI's shift away from standardized testing…

The reauthorized Individuals with Disabilities Education Act (IDEA), signed on December 3, 2004, required that, not later than one year after the date of enactment of the reauthorized IDEA, each state is required to have in place a performance plan evaluating the state's implementation of Part B and describing how the state will improve such…

Problems facing African American students with special needs are numerous and complex. Although processes and procedures are in place to properly serve these students, far too many become ensnared in webs of bureaucracy and benign neglect. This article examines African American students? experiences with special education in Milwaukee Public…

This review of the literature addresses the issue of assessing students with disabilities who are culturally and linguistically diverse (CLD). An examination of data showing disproportionate representation of students with disabilities who are CLD establishes a case for using alternative forms of assessment. Problems with some forms of traditional…