American Civil Liberties Union

African-American students are referred to special education at a rate over two times the national average and over three times the rate at which white students are referred to special education programs. They comprise 36.9 percent of the special education population, but only 16.8 percent of the entire U.S. student population.

On August 10, 2009, the ACLU and Human Rights Watch (HRW) released Impairing Education, a report that reveals the disproportionate use of corporal punishment on students with disabilities in our public schools. Corporal punishment, or the use of physical force with the intent to punish, is legal in 20 states and includes, but is not limited to, paddling, hitting, pinching, slapping, forceful grabbing, throwing, spanking, and dragging. Although corporal punishment should not be used on any student, its effect on students with disabilities can be especially damaging.