Many social justice advocates have noticed the rapid passage of state laws targeting Black history and related book bans. Fewer have seen another civil rights battle, one that, as an advocate, I witness every day: the uphill fight being fought by Black students with disabilities and their families.

The failure of many districts to educate students with disabilities, and particularly Black students, is an issue I have seen play out for 20 years. Despite protections under the Individuals With Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, students with disabilities have higher rates of lost instruction than their white counterparts, due largely to being disciplined unfairly compared with other students. A quarter of Black students with disabilities were suspended in 2017-18, compared with 11% of similar white students. The risk of Black middle and high school students with disabilities getting suspended is over 40% and higher than for their non-Black peers. Black students with disabilities are also more likely to be referred to law enforcement than other student groups.

It’s been 69 years since Brown v. Board outlawed school segregation and nearly 60 since additional federal protections were implemented to ensure educational rights for Black children and children with disabilities. Yet, to be a Black child with disabilities in the United States is to face a level of discrimination many would think was a thing of the past.

While the disparities are unjust, behind-the-scenes systemic issues such as a lack of understanding of the needs of the Black and disabled communities, lack of capacity to investigate complaints promptly and bureaucratic negligence in not following investigative policies create obstacles to intervening in ongoing racial discrimination. For example, in Virginia, where I live, the Department of Education has failed to correct ongoing injustices by stalling response times and ignoring deadlines, and failing to inform parents of needed information. The pervasive nature of discrimination against Black students with disabilities in Virginia has been widely known to the state legislature and Department of Education, and yet has remained uncorrected.

Read the full article about Black students with disabilities by Cheryl Poe at The 74.