ABSTRACT

This chapter defines disabilities under the Individuals with Disabilities Education Act (IDEA) with a specific focus on high-incidence disabilities (i.e., specified learning disabilities, autism spectrum disorders, emotional disturbances, intellectual disabilities, and other health impairments). Also, laws and cases that perpetuated discrimination practices within special education are discussed. Essential cases—Larry P. v. Riles, Hobson v. Hansen, Sherry v. New York State Education Department, and Honig v. Doe—concerning students with special needs are examined. Additionally, laws like zero-tolerance policies and involuntary civil commitments are explored. Due to discriminatory practices, multiple marginalized K–12 students face higher and harsher disciplinary actions compared to their White affluent peers.