Running head: THE OVER REPRESENTATION OF MINORITIES IN SPECIAL
EDUCATION
The Over Representation of Minorities in Special Education
Natalie Knott
The Nature of Students with Mental
Retardation
EDEX 619
Dr. Plotner
11/27/2011
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THE OVER REPRESENTATION OF MINORITIES IN SPECIAL EDUCATION
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The Over Representation of Minorities in Special Education
The over representation of minorities in special education has been well documented over
the last several decades, African Americans, Native Americans, Latinos, and English Language
Learners are disproportionately represented in the areas of mild intellectual, emotional, and
learning disabilities. The reasons are controversial and include discrimination, the subjectivity of
placement criteria, effective education of culturally diverse students, and socioeconomic factors.
The solutions are equally debatable. They include reforms in the ways students are referred and
placed in special education, methods of teaching these students, early intervention and advocacy.
The purpose of this paper is to focus on the over-representation of African Americans placed in
self -contained classrooms for students with mild intellectual disabilities. Research used in this
paper uses the now outdated terms of mild mental retardation (MMR) or educable mental
retardation (EMR). I use the terms intermittently throughout the paper. African Americans make
up the biggest group of minorities that are over represented. This purpose of this paper is to
provide a historical context of litigation and legislation. In addition, this paper examines the
reasons and solutions for the over representation of African Americans placed in mild
intellectual disability classrooms.
Lisa Delpit shares a very interesting story in the book, “Why are So Many Minority
Students in Special Education?” Beth Harry, 2006. She writes about a Renaissance Scholar, Asa
THE OVER REPRESENTATION OF MINORITIES IN SPECIAL EDUCATION
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Hillard (2004) who used an analogy of how bears educate their young to how we educate our
young. Bears simply teach their cubs what they need to know from birth and continue teaching
them until they have all the skills that they need to survive. Delpit goes on to say that our
educational system is preoccupied with assessing, labeling and categorizing students. Educators
place students in high, medium, or low ability groups as well as placement for students who need
special services. She goes on to ask if it would not be easier just to teach students what they
need to know until they learn it. (Harry, 2006) This paper researches the issue of the overrepresentation of African Americans in mild intellectual disability classrooms. Many of these
African Americans come from a low socioeconomic background. L.M. Dunn (1968), in his
article, “Special Education for the Mildly Retarded-is Much of it Justifiable,” first identified the
prevalence of minorities placed in mild intellectual disability classes. The first section of this
paper examines the historical context of the issue. Skiba (2008) explains and presents examples
throughout history that demonstrate the ongoing issue of discrimination and segregation and later
with self- contained classrooms. Next, the reasons for over-representation and solutions are
analyzed. This is a controversial topic with many different viewpoints. The main reasons include
the subjectivity of identifying students with high incidence disabilities. These are the disabilities
that do not have solid medical evidence. They include mild intellectual, emotional, and learning
disabilities. As a result, some students may be misidentified as having a disability.
Misidentification may also occur as a result of cultural differences that lead to poor academic
performance. Another reason is the influence of socioeconomic factors. Poverty and placement
in mild intellectual disabilities are positively related. Solutions include assessing environmental
and cultural reasons for low academic performance. Additional solutions include teacher training
THE OVER REPRESENTATION OF MINORITIES IN SPECIAL EDUCATION
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in effective cultural methodology. Early intervention, increased parent involvement, and
advocacy are also important aspects of the solution to this very complicated issue.
This issue is crucial to special educators. The United States continues to increase
in cultural diversity. Educators must be knowledgeable of teaching strategies that address the
issues of cultural differences effectively. Minority students need to receive relevant and
engaging instruction. Schools should to a place where these students can learn and achieve.
Students need to be at least 80% successful. If they are not, problem behavior ensues. African
Americans with mild intellectual disabilities are at risk for dropping out of high school.
Culturally relevant instruction and correct placement is important to achieve positive adult
outcomes for each student. An educator’s responsibility is to provide the supports and instruction
so that students are successful after they leave the school system.
Historical Context
The disproportionality of African Americans in special education has its basis in the
continuing historical issues of racism and segregation (Skiba, 2008). In 1853, Margaret Douglas
was sentenced to jail for one month for teaching children of freed slaves to read. Plessey vs.
Ferguson (1896) established the law of “separate but equal.” History proves that educational
resources were separate but were not equal. African American schools were burned during race
riots in the early 1900’s (Harmer, 2001). Moreover, the eugenics movement’s ideas of a superior
race are demonstrative of the general attitude toward African Americans. African Americans
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were considered inferior and the purpose of their education was to prepare them for low ranked
jobs. (Rury, 2002)
However, Brown vs. Board of Education, (1954) started a new era of the civil
rights movement. Separate but equal was no longer acceptable. However, school districts
avoided integration by creating self-contained special education classrooms. Administrators and
teachers placed African Americans in these classrooms (Skiba, 2008). However, momentum was
growing against this segregation. Hobsen v. Hansen challenged segregation in the Washington
DC school system on the grounds of violations to the Equal Protection Clause of the Constitution
and Title VI of the Civil Rights Act of 1964. Furthermore, in 1968, Dunn’s article accused selfcontained classrooms of being inept and in violation of civil rights (Dunn, 1968). He also
brought attention to the demographics of these classes. He stated that at least sixty percent of the
students in classes for students with mild intellectual disabilities were poor minorities living in
substandard conditions. Dunn’s article was influential in fueling the controversy over the
disproportionate percentage of minorities and students from low socioeconomic backgrounds in
MMR self-contained classrooms. His article was published at the height of the Civil Rights
Movement and Johnson’s War on Poverty. This added to its influence and relevance in spurring
research (Oswald, 2001). Extensive research was conducted which addressed the issues in
Dunn’s article.
Research
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Research has proven consistently over the last forty years that minorities are over
represented in special education classes for students with mild intellectual disabilities.
Researchers have debated the definition of over- representation and methods of statistical
analysis in determining the percentages of over-representation. However, the continued problem
is not debatable (Oswald, 2000). The Office of Civil Rights was created in 1968 to examine and
monitor the issue of over -representation. National elementary and secondary school surveys in
1976-1977 showed that African Americans were 3.4 times more likely to be placed in mild
intellectual disabilities classes than Caucasian students. They were 3.5 times more likely in
1977-1978 (Smith, 1983). Moreover, African American students were placed in MMR classes
even when their IQ scores were above the cutoff point (Smith, 1983). In addition, Jeremy Finn
(1982) was the first researcher to conduct national research in the disproportion of minorities in
special education. He collected data from The Elementary and Secondary School Civil Rights
Compliance Report from the Office for Civil Rights (OCR; U.S. Department of Education,
Office of Civil Rights, 1994). This data verified previous research that reflect the issue of
disproportionality (Hosp, 2003). Moreover, more recent data from the OCR surveys consistently
support the claim that African Americans are over- represented in classes for students with mild
intellectual disabilities. Examples include OCR surveys;” Chinn and Hughes (1987) 1986
(Reschly & Wilson, 1990), 1990 (MacMillan & Reschly, 1998; Reschly, 1997), and 1992
(Oswald, Coutinho, Best, & Singh, 1999)” (Hosp, 2003, p 68.). Furthermore, this research
resulted in litigation and legislation which sought to remedy the inequities.
Litigation
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Larry P. v. Riles (1972/1974, 1984, 1986) is such a case that challenged the use of IQ
tests as the sole placement criterion in mild intellectual disability classes. The case involved a
San Francisco’s school district placement of five African American students in an EMR class.
African Americans made up 29% of the student population in comparison to 66% in the district’s
EMR classes. Moreover, in the general state population, African American’s made up 10% of
the population while they made up 25% of the students placed in EMR classes (Harry, 1994).
The courts found that the over- representation of minorities in mild intellectual disability
programs was discriminatory. IQ test results could not be used to place students in mild
intellectual disability programs. Also, the courts ordered schools to remedy the issue of over representation (Oswald, 2000). Diana v. State Board of Education (1970) also addressed the use
of culturally biased IQ tests for placement of Spanish speaking students (Beirne-Smith,
1981/2006). However, the rulings in these court cases have been challenged. In PASE v.
Hannon (1980) Marshall et al v. Georgia (1984), and S-1 v. Turlington (1986), the courts ruled
that the over-representation was not the result of discrimination. The courts had new data from
the National Academy of Sciences Panel Report (Heller et al, 1982). This report provided new
information on test bias. NAS provided better guidelines for placing students in intellectual
disability classes. These new guidelines include adaptive behavior assessment and flexibility in
IQ scores. Furthermore, the Hendrick Hudson District Board of Education v. Rowley (1982)
Supreme Court case ruling advised courts to leave educational methodologies of assessment to
the states (Oswald, 2000). The disproportionate representation of African Americans remained a
contentious issue. Legislation not only sought to reduce the over-representation but to provide a
quality education for all students.
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Legislation
The Individuals with Disabilities Education Act (1975, P.L. 94-142) addresses the issue
of discrimination in assessment and placement of children in special education programs. IDEA
mandates that children cannot be identified as having a disability due to ethnic, cultural,
linguistic, or environmental differences (Oswald, 2000). IDEA mandates a Free and Appropriate
Education (FAPE) for all children with disabilities. The Office of Civil Rights monitors the
proportion of minorities in special education and requires states to take corrective measures
(Oswald, 2000). During the 1980’s, the OCR began collecting data on the extent of the
disproportion of minorities in special education, which includes African Americans in mild
intellectual disability classes. The OCR found over- representation was widespread and has been
consistent over time (Skiba, 2004). Also, during the 1980’s and 1990’s, the OCR investigated
the possibility that disproportionality was caused by discrimination. IDEA was reauthorized in
1991, (P.L.101-476) in order to address the need of more effective education of children with
disabilities. The issue of over-representation persisted despite legislation. IDEA 1997 (P.L. 105117) required states to collect data for the purpose of reducing the percentage of minorities in
special education programs (Oswald, 2000). Again, IDEA, 2004 required states to monitor
student placement in special education programs by race and ethnicity. The provisions of IDEA,
2004 required states to spend the maximum amount of funds in early intervention programs
where over- representation was found (Skiba, 2004).
Legislation and litigation sought to effect changes in the percentages of over representation. However, these changes did not yield lasting results. California implemented
IDEA between 1980 and 1994. As a result, the percentages of African Americans decreased.
They were no longer over represented in MMR classes. However, they were over represented in
THE OVER REPRESENTATION OF MINORITIES IN SPECIAL EDUCATION
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the learning disability category. As a result, the school system was not meeting the needs of the
students. Students were expected to succeed without the necessary supports. Educators must
understand the reasons behind the disproportionality before effective solutions can be
implemented (Oswald, 2000).
Reasons
There are many reasons for the over- representation of African Americans placed in mild
intellectual ability classes. The reasons go beyond accusations of racism and prejudice, even
though, historically, there is precedence. One of the major reasons is the nature of the disability.
African Americans are over-represented in the high incidence judgment disability categories.
Student placement in these categories is subjective. In addition, cultural differences contribute to
placement. Children learn in context and the school systems are traditionally directed to the
Caucasian, middle class (Tileston, 2009). Another reason is the socioeconomic factors influence
development. Minorities, poverty, and special education placement are inter-related. Beth Harry
states:
“The process of determining children’s eligibility for special education is
anything but a science. Rather, it is a result of social forces that intertwine to
construct an identity of “disability” for whom the regular-education system finds
too difficult to serve.” (Harry, 2006, p. 9)
The National Academy of Sciences conducted a study of the over-representation of minorities.
The NAS panel describes students as being placed on a continuum of learning and behavior. At
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one end of the spectrum is giftedness; on the other are severe disabilities. It is simple to discern
that a student who is gifted or a student with severe intellectual disabilities needs special
accommodations. However, the further those students are away from either end of the spectrum,
the harder it is to determine the need for placement in special education. Moreover, there are
outside factors that determine where a student falls on the continuum. The factors include the
context of school, home, and culture. (Donovan & Cross, 2002) Clinical judgment rather than
scientific fact determines a student’s placement in classes of mild intellectual disabilities.
Clinical judgment relies on factors that are difficult to measure. These include; context in which
students learn, affective and cognitive processes that influence learning, and how students of
varying culture structure knowledge (Harry, 2006). This leads to the second reason for the
disproportion of African Americans
Public education has traditionally the values and culture of the white middle class.
Learning methodologies and strategies have been successful in teaching white, middle class
children (Tileston, 2009). Public education does not take into account the learner’s culture.
Children learn in context. Their culture determines how they learn and what is motivating to
them. Culturally diverse children learn differently. As a result, they experience low academic
achievement. Low academic achievement can lead to placement in special education.
Moreover, the National Research Council conducted a study involving the overrepresentation of minorities placed in mild intellectual disability classes. The NRC found a
positive correlation between poverty and placement in special education classes. The study
found that most minority students in special education are poor. Poverty limits the students’
development and can result in mild intellectual disability. Children who live in poverty
encounter increased exposure to environmental toxins. They also tend to be born with low birth
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weight and do not receive adequate nutrition. (Donovan, S., & Cross, C. 2002). These children
do not have the exposure to books, activities, and language that help development. The Hart and
Risley (2003) study showed that children who lived in poverty had 168 utterances per hour
compared to 223 by children of working class parents and 320 utterances by children whose
parents were professional. In addition, children who lived in poverty had 525 vocabulary words
by the time they were three years old. Children of professional parents and those of working
class parents had 1.116 and 749 words respectfully (Hart & Risley, 2003). This study shows the
effects of environment on the development of language. Language development is an important
factor in later academic performance. Children who do not perform well in school are at risk for
behavior problems. Problem behavior and low academic performance are key factors in special
education placement (Skiba, 2005). These reasons for the disproportionality of African
Americans in classes for mild intellectual disabilities lead to possible solutions to a complex and
controversial issue.
Solutions
Solutions to the over representation of African Americans placed in mild intellectual
classes involve systemic changes. These changes include changing from the “within child deficit
view” (Artiles, 1994, p. 426). Educators should look outside the child to explain academic
performance. More research needs to be completed in how a child’s environment and culture
interacts to influence cognitive development, how a child learns and processes information.
Educators need to consider how culture and environment influence how a child processes
information and classroom instruction (Artiles, 1994). Learning is context related. A child may
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answer a question entirely different than the teacher expected. For example, many culturally
diverse families come from collectivist societies. African American, Asian, and Native American
are collectivist societies. This society places value on social relationships and contributing the
well-being of the family. The child’s intelligence is based on social interactions and how well the
child shows social responsibility. The relationship comes first in communication, then content.
For example, a teacher asks what food groups his/her dinner came from last night. The student
will answer in relation to the activities he/she did with a family member first. He/she may say
that he/she went to the garden and pick tomatoes with a family member. The two family
members washed and sliced the tomatoes to eat with dinner. The child will include the familial
part with the answer of which foods and corresponding food groups he/she ate (Tileston, 2009).
Educators should consider culture in how students learn. Research needs to be conducted on
effective teaching methodologies for culturally diverse students, such as African Americans.
Educators need to be trained in these methodologies (Artiles, 1994).
Furthermore, functional assessments are a research based method of determining
the function of behavior. This method looks outside the child to determine the environmental
variables that contribute to the behavior. For example, teachers could determine which
environmental factors are contributing to poor academic performance rather than determining
that a child has an intellectual disability. The teacher could then provide supports to help the
child succeed in an inclusive environment rather than sending the child to a self-contained class
(Artiles).
Another solution includes more equitable distribution of resources. Low income
school districts have the least resources and most inexperienced teachers. These are the very
schools that consist of a large population of minorities. Systemic changes needed to be
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effected to attract more experienced teachers trained in culturally sensitive methodologies.
Moreover, more resources need to be allotted to these schools (US Commission on Civil
Rights, 2007)
In addition, early intervention can reduce the developmental effects of
poverty and environment. The Milwaukee Project (Garber, 1988) illustrates this point.
Children in the study were identifies to be at risk for intellectual disability based on their
socioeconomic environment and their mother’s IQ. The mother’s IQs in this study were 75 or
below. Half of the participants received intervention while the control group did not. Early
intervention for the children included sensory, social, cognitive, and language activities and
therapy. The families also received functional skill training, such as paying bills and job
acquisition. Four years after the study,60% of the children in the control group were placed
in classroom for students with intellectual disabilities. None of the children who received
early intervention were placed in intellectual disabilities classrooms (Beirne-Smith.
1981/2006). This study shows the potential effect of early intervention
Finally, another important solution involves greater parental involvement
in the educational process. Parents need to be knowledgeable of their rights and the services
that are available. Parents and educators should work together for the best possible student
outcomes (US Commission on Civil Rights, 2007). Parents need to become advocates or
utilize an advocate. An advocate is knowledgeable of the legal aspects of special education.
An advocate protects the interests of the student and family. Advocates can also affect
political and the systemic change in special education services (Artiles, 1994).
THE OVER REPRESENTATION OF MINORITIES IN SPECIAL EDUCATION
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Conclusion
In conclusion, the over-representation of African Americans in mild intellectual
disability classes is characteristic of historical racial relations (Skiba, 2008). Some African
Americans have been denied access to quality education. This was first achieved through
segregation. Plessy v. Ferguson (1896) allowed for separate but equal educational facilities.
Later, IDEA.1975 mandated a Free and Appropriate Education for all students. Some
researchers argued that in order to maintain segregation, school districts moved African
American to classes for students with mild intellectual disabilities (Harry, 2006). This issue
is controversial. However, research data shows that African Americans have consistently
been over -represented in mild intellectual disability classes since 1968. Litigation
challenging the placement of African American demonstrates varied rulings. The landmark
case of Larry P v. Riles (1972) ruled that IQ tests were biased against minorities and banned
their use. However, the courts ruled in PASE v. Hannon (1980), Marshall et al v. Georgia
(1984), and S-1 v. Turlington (1986) that the over-representation was not the result of
discrimination. Legislation is clear about the issue of over-representation. IDEA and
subsequent reauthorizations mandate a Free and Appropriate Education for all students.
Legislation was created to reduce the disproportionate percentages of minorities in special
education. Equally as controversial, are the reasons and solutions for this issue. The reasons
involve the subjective nature of identification of the disability, cultural differences, and the
effects of poverty on cognitive and social development. Solutions involve less reliance on the
medical model to identify students with intellectual disabilities. Educators should implement
functional assessments in determining the reasons for poor academic performance. Teachers
THE OVER REPRESENTATION OF MINORITIES IN SPECIAL EDUCATION
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should consider culture and the child’s family when preparing instruction. Instruction needs
to be relevant to the child’s environment. Also, advocacy is important in changing policy and
effecting change. The issue of the disproportionality could perhaps be reduced if educators
followed the example of bears in the beginning of the paper. Perhaps educators should
simply teach students what they need to be successful and provide supports so that they can
be successful. Perhaps the emphasis should be more on individualized programs and not
placement.
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