Sometimes students legitimately need extra attention, but other times students have been misplaced, often just mischievous and acting out because they are not being challenged academically.
Eight parents in Lower Merion County in suburban Philadelphia have decided to fight on behalf of their children and other African American children they felt were improperly classified as special education or placed in "low-expectation" courses. They filed a class-action lawsuit against their school district three years ago and the trial will begin November 1, 2011.
It is a major achievement because prior to setting a trial date, a judge ruled that each case should be handled individually. But Jennifer R. Clarke, executive director of the Public Interest Law Center, according to the Philadelphia Inquirer, had bigger objectives:
"We want to establish a more objective method of identifying children for special education and also a different way in which children are being tracked into different courses..particularly so early on and particularly in math but also in other courses. We want parents to understand more about the process. And the changes we seek also have to do with how teachers and administrators treat African American kids. We know that if they have high expectations, the students will live up to them, and if they have low expectations, the students will live down to them."
The district defended itself saying that no students have been placed in special education that were not found eligible to receive services and whose parents that did not approve in writing that the services be provided. They also argue they have adopted measures to address the achievement gap, including a Minority Achievement Program that has yielded significant gains in achievement.
But parents say while they are pleased with some of the achievements, they have only provided a band-aid solution to the problem.
If this case sets a precedent for similar cases around the country, maybe it will highlight the problem of black students that are placed in special education and remedial courses without merit - sometimes students that are significantly ahead of their peers but are misunderstood for cultural differences.