For years, Black parents and educators have voiced concerns about the disproportionate placement of Black students—especially boys—into special education programs, often as a punitive measure rather than a supportive one.
“Behavior and disability are not the same thing,” emphasizes Georgia Flowers Lee, Vice President of United Teachers of Los Angeles and a retired special education teacher. “But too often, when a Black child exhibits behavior issues, schools rush to classify them instead of addressing the root cause.”
Now, as President Donald Trump and Education Secretary Linda McMahon move toward dismantling the Department of Education, Black children—both with and without learning disabilities—face heightened risks of misclassification, inadequate support, and academic isolation.
New Data Confirms Persistent Overrepresentation
National data continuously reveal that Black students are disproportionately identified for special education. According to the most recent Civil Rights Data Collection report, Black students constitute 15% of the U.S. K-12 student population but represent 17% of those in special education. In contrast, white students make up 46% of the total student population yet only account for 13% of special education placements.
These disparities are even more pronounced in behavior-related disabilities. Black students are 40% more likely than their peers to be placed in special education and are twice as likely as white students to be diagnosed with emotional disturbance—a classification often linked to school discipline. Additionally, they are 1.5 times more likely to be labeled as having an intellectual disability, which can track them into lower educational pathways.
Once enrolled in special education, Black students frequently lose access to advanced coursework, Advanced Placement (AP) classes, and college-preparatory programs. Rhianna Scyster, an educational equity expert and former special education teacher, warns that these misclassifications limit opportunities for Black students.
“The assumption that students with an IEP or 504 Plan cannot succeed in advanced courses is completely false,” she states.
Flowers Lee agrees, emphasizing the long-term consequences of misclassification.
“We know that students in special education are less likely to graduate, less likely to attend college, and more likely to face school discipline,” she explains. “When schools make the wrong call, they set Black children up for a lifetime of restricted opportunities.”
Special Education as a Disciplinary Tool
Scyster has witnessed how many misclassifications stem from biased interpretations of Black students’ behavior rather than actual disabilities.
“Educators who misinterpret Black students’ body language, learning styles, and communication will continue to mislabel their behaviors as problematic,” she explains.
She adds that Black students are not necessarily exhibiting more behavioral challenges but are more likely to be perceived as disruptive by educators who lack cultural competency training.
However, with diversity, equity, and inclusion (DEI) programs in government-funded institutions under threat, policies aimed at reducing racial bias in special education referrals may soon disappear.
What Happens if We Lose DEI and the Department of Education?
Efforts to eliminate race-conscious programs and dismantle the Department of Education could significantly reduce protections and funding for students with disabilities. Critical programs at risk include the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities a free and appropriate public education, and Individualized Education Programs (IEPs) and 504 Plans, which tailor education to students’ specific needs.
Also at risk is the Department of Education’s Office for Civil Rights, which investigates racial disparities in special education. If these oversight mechanisms disappear, Black students in special education will be among the hardest hit.
“We already don’t have enough resources,” warns Flowers Lee. “Federal funding has never fully covered special education costs the way it was meant to. If we lose DEI programs, Black students will suffer the most.”
Advocating for Black Students
With the future of special education on shaky ground, Flowers Lee and Scyster urge parents, educators, and communities to resist these rollbacks.
“If we don’t fight, what happens to the kids who actually need these services?” asks Flowers Lee. “What about the children who were misdiagnosed? Or the ones who could have succeeded with the right support?”
She warns that eliminating DEI initiatives would remove one of the most powerful tools for holding schools accountable for their treatment of Black students.
Scyster encourages Black families to take an active role in advocating for their children.
“Never be afraid to ask questions,” she advises. “Attend IEP meetings, challenge the school if something feels off, and ensure students are involved in the process so they understand their rights.”
As education policies shift, the need for vigilance and advocacy is more critical than ever to ensure Black students are not left behind.