CW: Race
Disproportionality in special education is not just a technical problem within school systems. It is a deeply rooted civil rights issue. Disproportionality particularly impacts Black students and their families.
Across the country, and most recently in Minneapolis Public Schools, Black students continue to be identified at significantly higher rates for special education in categories that carry the most stigma, such as developmental and behavioral disabilities. These labels often follow students for life, shaping their educational experience, limiting their access to rigorous coursework and electives, and contributing to lower expectations from educators.
The Minnesota Department of Education recently found Minneapolis Public Schools in violation of both state and federal disability laws due to the disproportionate classification of Black students as having a developmental or cognitive disability. This finding is not just a local issue. It is a powerful example of how systemic bias in identification can result in segregated schooling, increased discipline, and long-term academic harm.
As a corrective measure, the district must now allocate 15% of its federal special education funding, approximately $1.2 million, toward early intervention services for students who have not been identified with disabilities. These funds are designed to help prevent inappropriate placements by strengthening early intervention services.
The problems in Minneapolis do not stop at identification. Black students with disabilities are being disciplined at rates more than three times higher than their peers. The state found that in the 2023 to 2024 school year alone, Black students with disabilities received out-of-school suspensions of more than ten days at disproportionately high rates. Such practices not only remove students from their learning environment but further criminalize and marginalize them at a young age.
The Council of the Great City Schools conducted an in-depth audit of the district and found inconsistent implementation of the Multi-Tiered System of Supports, low-grade level instruction, chronic absenteeism among students with disabilities, and unclear or inaccessible administrative policies.
Nationally, Black students are not only disproportionately identified for special education. They are also disciplined far more harshly than their white peers. These exclusionary discipline practices result in profound academic consequences. On average, Black disabled students lose approximately 77 more days of instruction than their white peers due to suspensions alone, according to a 2018 Harvard Law School report.
This instructional loss compounds existing inequities. Therefore, making it even harder for these students to catch up academically, stay on track for graduation, or access postsecondary opportunities. Discipline, in this context, becomes another form of educational denial.
This reality reflects what national organizations like the Learning Disabilities Association of America have long pointed out. Students of color, especially Black students, face both over-identification and under-identification in special education. They are more likely to be labeled with disabilities that carry stigma and less likely to be identified with disabilities that typically receive more support and understanding, such as dyslexia or ADHD.
This misclassification is often influenced by a lack of culturally and linguistically appropriate evaluation tools, as well as implicit bias within the referral and assessment process. The consequence is a school system that consistently places students of color into more restrictive and less opportunity-rich environments.
These challenges are compounded by broader social injustices. Environmental factors like poor nutrition, limited access to quality healthcare, and underfunded early childhood education disproportionately affect marginalized communities. These factors can contribute to developmental challenges, which are then too often misunderstood or misdiagnosed by school systems that lack the tools or training to evaluate students fairly.
When these students are placed in special education, particularly in self-contained classrooms or separate schools, they are frequently denied access to the full range of educational opportunities. They often don’t have access to college preparatory courses, arts and technology electives, and extracurricular programs.
Recent legal developments further highlight the urgency of reform. In a landmark June 2025 decision, the U.S. Supreme Court ruled that students with disabilities are entitled to the same standard of legal protection as other Americans under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.
This unanimous decision, which arose from a case in Minnesota, means that families no longer have to prove “bad faith” or “gross misjudgment” when challenging schools for discrimination. Instead, they must only demonstrate deliberate indifference. This shift empowers families to hold schools accountable when their children are denied fair and appropriate education.
To address disproportionality in a meaningful way, school districts must commit to structural change. This includes implementing early and inclusive intervention systems, using culturally responsive and evidence-based assessments, investing in professional development to reduce bias, and holding schools accountable for placement and discipline disparities. It also means ensuring that special education funding is used not to separate and contain students but to support them in thriving alongside their peers.
The story unfolding in Minneapolis is not an isolated incident. It is a mirror reflecting the broader failures of our education system to serve all students. All children deserve the same opportunities, the same dignity, and the same access to rigorous, inclusive education as their peers.
Disproportionality in special education is a form of systemic racism. Addressing it is not optional. It is essential to building a truly just and equitable public education system.
Sources:
“Core Principles: Disproportionality in Identification for Special Education.” Learning Disabilities Association of America, Learning Disabilities Association of America, 20 Aug. 2020, ldaamerica.org/core-principle-disproportionality-in-identification-for-special-education/.
Perkins, Christine. “Report Finds Wide Disparities in Punishment of Students with Disabilities by Race.” Harvard Law Today, Harvard University , 19 Apr. 2018, hls.harvard.edu/today/report-finds-wide-disparities-punishment-students-disabilities-race/.
Walsh, James. “Disabled Maple Grove Teen Takes School District Discrimination Case to U.S. Supreme Court.” The Minnesota Star Tribune, Star Tribune Media Company, 15 Mar. 2025, http://www.startribune.com/disabled-maple-grove-teen-takes-school-district-discrimination-case-to-us-supreme-court/601236778.
Whitler , Melissa. “State: Minneapolis Public Schools Violating Disability Law.” News From The States, States Newsroom, 14 Aug. 2025, http://www.newsfromthestates.com/article/state-minneapolis-public-schools-violating-disability-law.