By: Frances Shefter, Esq.
One of the most pressing issues in special education today is disproportionality—the unequal treatment of students based on race, ethnicity, or language background.
Data shows that students of color and English Language Learners (ELLs) are more likely to be misidentified for special education, placed in restrictive classrooms, or disciplined more harshly than their peers.
This is not just an education issue—it’s a civil rights issue.
In this post, we’ll explore:
- What disproportionality is
- Why it happens
- How it impacts students and families
- What parents can do to fight it
- How Shefter Law can help
🔹 What Is Disproportionality?
Disproportionality occurs when students from certain groups are:
- Over-identified for certain disabilities (for example, Black students disproportionately labeled with “emotional disturbance”)
- Under-identified for supports (for example, English learners not being referred for evaluations despite clear struggles)
- Placed in restrictive settings more often than peers
- Disciplined more harshly for the same behaviors as other students
👉 Under IDEA, states must monitor these disparities and address “significant disproportionality” when it’s found.
🔹 Why Does Disproportionality Happen?
There is no single cause, but several factors play a role:
- Implicit bias – Teachers may unconsciously perceive certain behaviors differently depending on race or background.
- Cultural misunderstandings – Behaviors common in one culture may be misinterpreted as disruptive or inappropriate.
- Unequal resources – Underfunded schools may lack early intervention, leading to higher referral rates for special education.
- Subjective evaluations – Biased testing or inconsistent assessment practices may lead to misidentification.
🔹 Why Disproportionality Matters
Disproportionality can have lasting, harmful effects:
- Loss of access to the general education curriculum
- Segregation from peers in unnecessarily restrictive environments
- Lower expectations from teachers and administrators
- Higher rates of suspension/expulsion
- Increased risk of entering the school-to-prison pipeline
Instead of getting support, many students face barriers that limit their opportunities.
🔹 What Parents Can Do
If you believe disproportionality may be affecting your child:
- Request data – Ask your district for identification, placement, and discipline data broken down by race/ethnicity.
- Request an evaluation or IEE – If you think your child was misidentified, you can request an Independent Educational Evaluation (IEE) at the school’s expense.
- Track discipline patterns – Document suspensions, referrals, and behavior notes to identify inconsistencies.
- Raise concerns in IEP meetings – Bring up equity concerns directly with your IEP team.
- File a complaint if needed – Disproportionality may violate IDEA and Section 504, allowing you to file state or OCR complaints.
🔹 How Shefter Law Can Help
At Shefter Law, we are committed to fighting for equity in education. If your child has been unfairly identified, disciplined, or placed, we can:
- Review evaluation data for bias or inappropriate testing
- Advocate for inclusive placements that support your child’s needs
- File complaints when disproportionality violates federal law
- Represent your family in mediation or due process hearings
Our mission: to make sure every child is treated fairly, no matter their race, language, or background.
✅ Final Thoughts
Disproportionality in special education isn’t just a policy problem—it’s a matter of justice. Parents have the power to demand equity, and with the right advocacy and legal support, change is possible.
