Misidentification of students with disabilities is a widely publicized aspect of the shortcomings of our special education programs. Many factors can contribute to misidentification. In the Congressional Research Service (CRS) Report for Congress (Apling, 2001), three issues were specifically identified as reasons for possible misidentification. “Misidentification can result from failing to identify those with disabilities, from identifying children with disabilities they do not have, and from delaying identifying children with disabilities” (p. 2). In addition to the aforementioned concerns, an overrepresentation of minorities in special education programs has been a focal point for critics of special education programs and eligibility criteria for decades (see Harry & Klinger, 2006). Biases in assessment often lay the foundation for overrepresentation of minorities. Others express serious concerns regarding misidentification due to a direct result of the referral (or lack of effective prereferral) and evaluation practices used in many states (Ysseldyke, Algozzine, Richey, & Graden, 1982). Last, misidentification due to the changing eligibility criteria and differences in eligibility criteria across states has been added to the concerns in the field of special education.

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