Disproportionality and inequity exist in the special education services that U.S. children receive based on factors such as race, geographic location, and resources of the school system. Overrepresentation and underrepresentation are both prevalent issues and can vary by region or school district and are likely due to multiple factors. Although several areas of special education services have been examined critically, one missing piece in the literature seems to be the writing and revising of the Individualized Education Program (IEP). The purpose of this paper is to examine the literature and background of special education services and the IEP, followed by an examination of the required portions of the IEP form and where the existing law might allow for implicit biases, specifically racism, to surface in the development of this program and its implementation.
AnnammaS. A.ConnorD.FerriB. (2013). Dis/ability critical race studies (DisCrit): Theorizing at the intersections of race and dis/ability. Race, Ethnicity, and Education, 16(1), 1–31. https://doi.org/10.1080/13613324.2012.730511
2.
BeratanG. D. (2006). Institutionalizing inequity: Ableism, racism and IDEA 2004. Disability Studies Quarterly, 26(2), 3. https://doi.org/10.18061/dsq.v26i2.682
ConnorD.CavendishW.GonzalezT.Jean-PierreP. (2019) Is a bridge even possible over troubled waters? The field of special education negates the overrepresentation of minority students: A DisCrit analysis, Race Ethnicity and Education, 22(6), 723–745. https://doi.org/10.1080/13613324.2019.1599343
5.
CordellA. (2020). The Implications of disproportionate individualized education plan classifications in New York City Schools. Columbia Social Work Review, 18(1), 1–11. https://doi.org/10.7916/cswr.v18i1.5925
6.
CruzR. A.FirestoneA. R. (2022). Understanding the empty backpack: The role of timing in disproportionate special education identification. Sociology of Race and Ethnicity, 8(1), 95–113. https://doi.org/10.1177/23326492211034890
7.
CruzR. A.RodlJ. E. (2018). An integrative synthesis of literature on disproportionality in special education. The Journal of Special Education, 52(1), 50–63. https://doi.org/10.1177/0022466918758707
8.
DragooK. E. (2017). The Individuals with Disabilities Education Act (IDEA), Part B: Key statutory and regulatory provisions. https://sgp.fas.org/crs/misc/R41833.pdf
9.
DragooK. E. (2019). The Individuals with Disabilities Education Act (IDEA), Part C: Early intervention for infants and toddlers with disabilities (CRS Report R43631, Version 11). Updated. Congressional Research Service. https://files.eric.ed.gov/fulltext/ED597894.pdf
10.
ElderT. E.FiglioD. N.ImbermanS. A.PersicoC. L. (2021). School segregation and racial gaps in special education identification. Journal of Labor Economics, 39(S1), S151–S197. https://doi.org/10.1086/711421
HandelR. C. (1975). The role of the advocate in securing the handicapped child’s right to an effective minimal education. Ohio State Law Journal, 36(2), 349–375.
13.
HarryB.KlingnerJ. (2006). Why are so many minority students in special education? Understanding race and disability in schools. Teachers College Press.
14.
HartJ. E.CheathamG.Jimenez-SilvaM. (2012). Facilitating quality language interpretation for families of diverse students with special needs. Preventing School Failure, 56, 207–213.
15.
HehirT. (2005). New directions in special education: Eliminating ableism in policy and practice. Harvard Education Press.
16.
HurleyJ. J.ClarkD. W.Fonseca-FosterK. A.PyneS. K.WarrenR. A. (2017). Collaboration during IEP and IFSP meetings in a refugee resettlement community: Lessons from cultural liaisons. Multiple Voices for Ethnically Diverse Exceptional Learners, 17(2), 34–44.
17.
Individuals with Disabilities Education Improvement Act Regulations, 2006.
KimE. T.FranzL.FanninD. K.HowardJ.MaslowG. (2021). Educational classifications of autism spectrum disorder and intellectual disability among school-aged children in North Carolina: Associations with race, rurality, and resource availability. Autism Research, 14(5), 1046–1060. https://doi.org/10.1002/aur.2492
20.
KurthJ. A.LoveH.PirtleJ. (2020). Parent perspectives of their involvement in IEP development for children with autism. Focus on Autism and Other Developmental Disabilities, 35(1), 36–46. https://doi-org.libproxy.uncg.edu/10.1177/1088357619842858
LoL. (2008) Chinese families’ level of participation and experiences in IEP meetings, preventing school failure:Alternative Education for Children and Youth, 53(1), 21–27. https://doi.org/10.3200/PSFL.53.1.21-27
23.
LoL. (2014). Readability of individualized education programs. Preventing School Failure, 58, 96–102.
24.
LoveH. R.BenekeM. R. (2021). Pursuing justice-driven inclusive education research: Disability critical race theory (DisCrit) in early childhood. Topics in Early Childhood Special Education, 41(1), 31–44. https://doi.org/10.1177/0271121421990833
25.
MacSuga-GageA. S.GageN. A.KatsiyannisA.HirschS. E.KisnerH. (2020). Disproportionate corporal punishment of students with disabilities and Black and Hispanic students. Journal of Disability Policy Studies, 32(3), 212–223. https://doi.org/10.1177/1044207320949960
26.
MartinE. W. (2013). Breakthrough: Federal special education 1965-1981. Bardolf & Company.
27.
MorganP. L.FarkasG.HillemeierM. M.MaczugaS. (2012). Are minority children disproportionately represented in early intervention and early childhood special education?Educational Researcher, 41(9), 339–351. https://doi.org/10.3102/0013189X12459678
National Education Association. (2007). Truth in labeling: Disproportionality in special education. https://www.nea.org
31.
National Work Group on Literacy and Health. (1998). Communicating with patients who have limited literacy skills. Journal of Family Practice, 46, 168–176.
32.
OmiM.WinantH. (1994). Racial formation in the United States: From the 1960s to the 1990s. Routledge.
33.
RossettiZ.SauerJ. S.BuiO.OuS. (2017). Developing collaborative partnerships with culturally and linguistically diverse families during the IEP process. Teaching Exceptional Children, 49(5), 328–338. https://doi.org/10.1177/0040059916680103
34.
RoweD. A.FrancisG. L. (2020). Reflective thinking: Considering the intersection of microcultures in IEP planning and implementation. TEACHING Exceptional Children, 53(1), 4–6. https://doi.org/10.1177/0040059920952007
35.
SalasL. (2004). Individualized educational plan (IEP) meetings and Mexican American parents: Let’s talk about it., Journal of Latinos and Education, 3, 181–192, https://doi.org/10.1207/s1532771xjle0303_4
SullivanA. L.SadehS.HouriA. K. (2019). Are school psychologists’ special education eligibility decisions reliable and unbiased? A multi-study experimental investigation. Journal of School Psychology, 77, 90–109. https://doi.org/10.1016/j.jsp.2019.10.006
TurnbullA.TurnbullR. (2020). Rights, wrongs, and remedies for inclusive education for students with significant support needs: Professional development, research, and policy reform. Research and Practice for Persons with Severe Disabilities, 45(1), 56–62. https://doi.org/10.1177/1540796919896097
40.
TurneyK.KaoG. (2009). Barriers to school involvement: Are immigrant parents disadvantaged?The Journal of Educational Research, 102(4), 257–271.
U.S. Department of Education, Office of Special Education and Rehabilitative Services, Office of Special Education Programs. (2022) 43rd Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2021.
43.
WeintraubF. J.AbesonA. R. (1972). Appropriate education for all handicapped children: A growing issue. Syracuse Law Review, 23(4), 1037–1058.
44.
WolfeK.DuranL. K. (2013). Culturally and linguistically diverse parents’ perceptions of the IEP process: A review of current research. Multiple Voices for Ethnically Diverse Exceptional Learners, 13(2), 4–18.
45.
YellM. L. (2006). The law and special education (2nd ed.). Pearson Merrill Prentice Hall.
46.
YellM. L.BatemanD.ShrinerJ. G. (2022). Developing educationally meaningful and legally sound IEPs (Ser. Special education law, policy, and practice). Rowman & Littlefield.
Supplementary Material
Please find the following supplemental material available below.
For Open Access articles published under a Creative Commons License, all supplemental material carries the same license as the article it is associated with.
For non-Open Access articles published, all supplemental material carries a non-exclusive license, and permission requests for re-use of supplemental material or any part of supplemental material shall be sent directly to the copyright owner as specified in the copyright notice associated with the article.
