The language-minority student and special education: Issues ..
Wrightslaw Special Education Law and Advocacy
The third reason for the misidentification of ELLs as having disabilities lies in the categorical status of special education. The legal status of special education gives impetus to the tendency to formally identify separate categories of disabilities. When Public Law 94-142 (The Education Act for All Handicapped, also known as the IDEA) passed in 1975, it provided legal support for special education and subsequently created a separately funded category within the educational system. Since then, students have had to be formally identified as having special education needs before funding can be received by the school for that individual student. Thus, the identification of these disabilities is connected with additional funding that gives the school much-needed resources. Having additional funding attached to the categorization of students in special education may make it less objectionable for schools to identify special education needs. The gate or hurdle that would keep students from being needlessly categorized into special education is simply not there. It is too tempting to place students in special education when they are perceived to fall outside of what is considered "normal," regardless of the underlying reasons.
Special Education Teachers : Occupational Outlook …
Many schools offer two "solutions" to children's learning problems: retention and referral to special education - and do not offer the third "R" - remediation.
Trends in Special Education in 2015 | The Science of …
Harry, B., & Klingner, J. (2006). Why are so many minority students in special education? Understanding race and disability in schools. New York: Teachers College Press.
Special educational needs | Education | The Guardian
2008) - Affirmed District Court and ordered Atlanta Independent School System to pay tuition and expenses at a private special education school for four years or until child graduates from high school as prospective compensatory education for their failure to provide him with a free appropriate education over a period of many years.