Impact of Diana, Larry P., and P.L. 94–142 on Minority Students

Abstract

This article examines the impact of modifications in the identification of EMR students and in programming for them, following Diana, Larry P., and P.L. 94–142. These policy changes were designed to afford greater educational equity; but evidence has shown that minority children are not well served as a result. Further, the subsequent movement toward educational excellence in the schools appears to have imposed on marginally achieving students standards that almost ensure school failure. Continued vigilance is proposed on behalf of minority EMR and marginally achieving students.

Diversity and Equity in the Distribution of Teachers With Special Education Credentials

“…Both court cases raised national awareness of issues affecting students of color, while concerns from the Diana case were eventually incorporated into Public Law 94-142 in 1975, now known as IDEA. Current national policies and debates about racial disproportionality in special education are a legacy of these legal battles (MacMillan, Hendrick, & Watkins, 1988; U.S. Department of Education, 2016a).…”

A Comparison of Severe Discrepancy Formulae: Implications for Policy Consultation

“…It is possible that some could be placed in federal programs targeted toward low-achieving, disadvantaged students (e.g., Chapter I programs which have only marginal effects on the achievement of students at risk; Slavin, Karweit, & Madden, 1989). Although this study does not provide data bearing on this issue, research on decertification conducted in California (Macmillan, Hendrick, & Watkins, 1988) may alert us to some of the potential costs involved (e.g., school failure, segregation in remedial classes). The decertified students in California achieved significantly less than a sample of low-achieving regular class students in the same classrooms where decertified children were enrolled.…”

Disabled students of color

“…94-142, many school districts aggressively diagnosed, prescribed, and placed certain students, mainly minorities, in special self-contained education programs. MacMillan, Hendrick, and Watkins (1988) document these changes in identification and programming due to P.L. 94-142.…”