English learners particularly affected by Texas special ed legislation

Dive Brief:

The state of Texas pressured school districts to lower the number of students in special education, a practice which began in 2004, and after the policy was enacted, the rate of special education students in the state dropped to the lowest level of any in the country, according to NPR.
The practice had a particularly sizable impact on English language learners enrolled in special education, with enrollment of ELLs in special ed classes actually declining by 5% in the state despite its ELL population increasing by approximately 40% in 2006.
Only 7.6% of English learners in Texas were identified as having special needs, compared to 9% of English-speaking students in the state — and the 7.6% is almost half the rate of ELLs assessed to require special needs in the country as a whole, which stands at 13.8%.

Dive Insight:

ELLs, like special education students, can often be challenged when a district lacks the resources a student needs to prosper, which are often laid out for special ed students in their individualized education plans (IEPs). However, while ELLs can often require special education services, educators must consider whether offering them those services in lieu of a more conventional, albeit bilingual, education is more appropriate.

Experts warn educators that overrepresentation of ELLs in special education classes is possible, with schools deciding to classify ELLs as special ed due to the challenge of teaching them and not because they actually fit the criteria. Some school districts practice “pre-referral processes” that assess alternatives before placing ELLs in special ed. The San Diego school district instituted the practice, as Latino ELLs were found to be 70% more likely to be placed in special education than Latino students who were not ELLs.

However, in a situation where special education services are cut back, as was the case in Texas, it is possible that certain populations could be disproportionately affected. Though various studies reach differing conclusions, much of the research indicates that minorities are overly represented in special education classes. One set of findings found the percentage of black students in special education is actually higher than the percentage of black students in the general student population. In Texas, advocates expressed concern in the aftermath of the newspaper investigation that uncovered the controversy that minority students were being placed in special ed at a disproportionate rate and may not be receiving adequate education in those classrooms.

If such students are improperly placed in special education, it could hinder their education, but such students can be doubly affected if those services are weakened or discontinued due to a lack of funding, causing learning losses that may not be easily recouped via remedial education. (Low-income, Hispanic and black students are also more likely to require remedial education, according to the National Conference of State Legislatures.)