ABSTRACT
This chapter focuses on understanding how racial inequities in special education persist despite the presence of federal legal protections that are designed to address the issue. It engages with a legal and civil rights paradox that exists between the guarantee of a free appropriate public education, which is central to the Individuals with Disabilities Education Act (IDEA), and the persistence of racial inequities in special education. Artiles (2011) outlines the contours of the paradox by stating “the civil rights response for one group of individuals (i.e., learners with disabilities) has become a potential source of inequities for another group (i.e., racial minority students) despite their shared histories of struggle for equity” (p. 431). In order to explore why this paradox exists the chapter takes a historical perspective outlining the legislative development of IDEA and connects this history to current efforts to address racial disparities in special education through IDEA. It also critically assesses some of the ideological and legal assumptions behind the structure of IDEA, which potentially contribute to the equity concerns that are central to the administration of special education services in schools.
