In the winter of 1997, a 16-year-old teen mom gave birth to two biracial, Black and white, boys, three months premature. Although they were twins, they had differing health issues that would foreshadow two very different sets of challenges and trajectories their lives would take through early adulthood.

At the age of three, the boys were enrolled in a local early childhood program and were quickly identified and labeled with significant developmental delay (SDD), a specific diagnosis under the Individuals with Disabilities Education Act of 2004 (IDEA) — specific diagnoses under IDEA require federally-regulated supports in school.

Twin A progressed enough to exit special education in first grade, no longer needing services to learn at grade and age levels. At the same time, Twin B was re-labeled with an emotional behavioral disability (EBD). Although the twins were biracial, school staff perceived the twins to be Black. However, as their educational journeys continued, race became less of a factor for Twin A, while race, particularly when combined with ability status, had compounding effects on Twin B’s school experience.

Twin A thrived at school, enthralled by his classroom lessons and an array of athletic and academic extracurriculars. He quickly embodied the “model” student — one who behaves in accordance with whiteness and normative expectations such as arriving to class, sitting down quietly in his assigned seat, and raising his hand to participate in class. For him, school was a safe place and he considered it a second home.

Twin B had a radically different experience. He went to school to socialize and hang out with his friends, which diverged from student expectations and quickly became an issue with school staff. Small behavioral variances, when coupled with the stigma of being a Black boy with an EBD, frequently lead to exclusionary discipline, including being sent to an alternative school for part of fifth grade and a five-day suspension after police were called in high school — actions that followed school staff’s failure to follow Twin B’s federally-recognized Individualized Educational Program (IEP).

Twins A and B aren’t hypothetical characters; they’re my brother and me. As a result of the negative experiences and lack of supports, my brother attempted to attend community college but dropped out after a semester — while I attended a four-year university, graduated with honors, and am currently finishing my dissertation for my doctoral program.

There are thousands of students like me and my brother across the country. According to the U.S. Department of Education’s Office for Civil Rights, the total percentage of students enrolled in P-12 public schools aggregated by race are as follows: 45.5% White, 28.4% Latino, 15% Black, 5.3% Asian, and 4.4% Two or more races. Black students make up 16.2% of all students with disabilities, students who are two or more races make up 4.5% of all students receiving special education services. In addition, Black students with and without disabilities make up a high percentage of students who experience corporal punishment at 24.2% and 20.0%. Finally, students with disabilities make up a dismal 2% of students enrolled in advanced placement courses.

To address inequities within student discipline, schools must move away from zero-tolerance discipline systems, which are not responsive to students. Instead, schools should adopt discipline models that are proactive, culturally responsive, and emphasize teaching student expectations, such as culturally responsive positive behavioral interventions and supports (Bal, 2018). To address the overrepresentation of students of color within special education, policymakers and state educational agencies must revise state eligibility criteria in disability categories where disproportionality exist. Consider updating these policies with best practices on social emotional learning, culturally responsiveness, trauma, mental health, and other topics where the knowledge base has significantly increase since the early 2000s. These policy interventions also must be coupled with explicit guidance around implementation through documents and professional development opportunities to ensure successful implementation.

This year marks the 50th anniversary of the Education for All Handicapped Children Act and the 20th anniversary of the last reauthorization of IDEA. While research, practice, and policy in special education has made significant strides, current legislation has not kept pace with these advancements. Our understanding of disability has evolved, and the needs of students today are markedly different from those of 20 years ago. As a result, the proposed update to federal legislation must address the experiences of students at the intersection of race, ability, and other identities, acknowledging how these factors shape their educational journeys. A legislative update, paired with critical policy changes such as enhanced teacher preparation and integrating equity measures into disability eligibility criteria, could help special education reach a level of equity that significantly reduces long-standing educational disparities.

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