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U.S. Department of Education

U.S. Department of Education

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About EDOVERVIEW
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Putting Reading First

Research shows reading difficulties and behavioral  problems are among the most common reasons for referring students for special  education evaluation and, ultimately, for their placement in special education  programs.  OCR’s experience, including  its previous investigations, has shown minority students and students with  limited English proficiency, in particular, may be misidentified and placed in  certain special education categories. 

Students inappropriately placed in  special education programs may not receive the same curriculum content as other  students and may face barriers in their later efforts to obtain a regular high  school diploma, pursue postsecondary education, or prepare for employment.  Similarly, students who need special  education services, but who are not identified, evaluated, and provided such  services, also face significant barriers to future success.

Research also shows classroom interventions  addressing reading problems can reduce the number of children who are  inappropriately referred for evaluation and placed in special education  programs.  In working with school  districts, OCR emphasizes the importance of implementing high-quality  research-based reading programs, both in order to reduce the number of students  who are inappropriately referred for special education evaluation and placed in  special education programs and to ensure students who need, but are not  receiving, special education are provided the services they require.

| **Education  is a civil right.  To deny that right is  to cancel all other rights.  An educated  child is a child who can grow up to be a full participant in society, voting,  finding meaningful work, getting involved in the community, and working to  achieve his or her own American dream....**

***Rod Paige,****** Former Secretary of Education, 2002*** |
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For many years now, OCR has been  conducting compliance reviews in school districts around the country on the  issue of misidentification of all students, particularly minority students, in  the provision of special education services.   The initiative also focuses on ensuring national origin minority students  are not identified, referred for evaluation, and placed in special education  programs based on their limited English proficiency.

For example, in a FY 2005 compliance  review of a school district, OCR determined the district discriminated  against national-origin minority students with limited English proficiency  (LEP) and American Indian students by inappropriately placing them in special  education programs because of their English language skills.  The district agreed to meet effectively the  educational needs of its LEP and American Indian students and to ensure LEP and  American Indian students are appropriately identified and appropriately placed  in special education programs.  

Also in FY 2005, OCR  successfully resolved a compliance review of a school district with an  agreement ensuring  several hundred students identified as cognitively disabled and learning  disabled are evaluated appropriately and provided education programs and  services appropriate to their needs. The  district agreed to:  correct problems  in its assessments and consideration of adaptive behavior for students who may  be eligible for special education services; ensure consistent consideration of  evaluation data; and review the eligibility and placement of those students who  have been affected by shortcomings in these areas.  Students who no longer receive special education or whose  placement is changed as a result of the revaluations will receive remedial or  other appropriate transitional services, as needed. 

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