San Diego Law Review


Lindsey Herzik

Library of Congress Authority File


Document Type



This Comment proceeds in three parts. Part II focuses on the history of desegregation in schools, specifically analyzing Brown v. Board of Education and how states have continued to keep schools segregated through overidentification of minorities in special education classes. It also examines IDEA and how IDEA allows bias to creep into identification of children with emotional or intellectual disabilities. Part III discusses how states currently address the problem of overidentification and the Department of Education’s role in preventing overidentification. Part III also discusses the high bar the court sets for finding significant disproportionality of minorities in special education classes, as evidenced in Blunt v. Lower Merion School District. Lastly, Part IV proposes a nationwide standard for defining significant disproportionality, addresses states’ concerns, and concludes.