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2001 SESSION

014335840
HOUSE JOINT RESOLUTION NO. 637
Offered January 10, 2001
Prefiled January 10, 2001
Requesting certain state and local agencies of the Commonwealth to inform parents and the public of certain preventable health and social conditions to avoid the need for costly special education programs and services for children.
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Patrons-- McEachin, Baskerville and Watts
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Referred to Committee on Health, Welfare and Institutions
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WHEREAS, the Joint Subcommittee Studying the Overrepresentation of African-American Students in Special Education Programs, pursuant to House Joint Resolution 231 (2000), was directed to identify factors that contribute to the disproportionate representation of such students in special education programs, and to recommend solutions to address this problem; and

WHEREAS, the findings of the joint subcommittee regarding the disproportional representation of African-American students in special education programs indicate several determinants, which may be characterized as systemic and societal factors; and

WHEREAS, systemic and societal factors, when considered separately, each carry sufficient weight under certain circumstances to trigger the referral of African-American and other minority students for special education; and

WHEREAS, when these factors are considered together, they can provide substantial cause to justify referral, identification, and placement of African-American and other minority students in special education programs; and

WHEREAS, the joint subcommittee defines systemic factors as those that relate to federal and state laws, policies, regulations, certain school practices, and the process and procedure for referring, identifying, assessing, and placing students in special education programs, and for evaluating the appropriateness of such placements; and

WHEREAS, systemic factors also include professional staff development of school personnel, the preparation and qualifications of medical professionals, and other professionals engaged to develop the Individualized Education Plans for students; and

WHEREAS, societal factors include measurable and immeasurable indicators and agents that are associated with the disproportionate representation of African-American and other minority students in special education programs, such as socioeconomic deprivation, certain health conditions, poverty, substance abuse, cultural and language barriers, delayed development and learning disabilities, race and ethnicity, lack of prenatal care and access to health care, poor parenting skills and lack of parental involvement in school, low immunization rates and newborn screenings, low parent and teacher expectations, environmental hazards such as exposure to lead, incentives to obtain certain financial benefits, lack of knowledge of parents regarding the stigma of special education and its long-term implications, and other cultural and socioeconomic dynamics; and

WHEREAS, the joint subcommittee determined that because several social factors converge to influence the identification, referral, and placement of these children in special education programs, state and local agencies should be requested to inform parents and the public, through special concerted efforts, of certain preventable health and social conditions to avoid the need for costly special education programs and services for children; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That certain state and local agencies of the Commonwealth be requested to inform parents and the public of certain preventable health and social conditions to avoid the need for costly special education programs and services for children. The following state agencies, together with their local counterparts, are requested to collaborate and cooperate regarding similar tasks, and to perform the following through existing mechanisms and resources:

The Department of Health and the Department of Mental Health, Mental Retardation and Substance Abuse Services are requested to publicize broadly the need for immunizations against diseases that cause mental retardation, the effects of delayed development on learning, the health-related causes of learning disabilities, brain injury, and other learning impairments. The Departments are requested to increase their outreach to parents and the public, concerning the effects of nutritional deficiencies, the lack of prenatal care, substance abuse, and exposure to lead on learning and the need for special education. The Departments shall also provide information regarding how the inaccessibility of health care compromises the health of children and may lead to the worsening of preventable diseases and chronic conditions. How racial prejudice affects the psyche, and the implications of lack of community support and the phenomenon of "racial misidentification" or accusations of "acting white" influences the learning of children are issues that the Departments are requested to address in their outreach efforts.

The Department of Medical Assistance Services is requested to explain to Medicaid recipients how the lack of prenatal care and inaccessibility to health care compromises learning and the educational outcomes of children. Also, the Department is requested in its outreach programs to explain to recipients the relationship between racial prejudice, impoverished communities, lack of community support, and the need for special education programs and services.

The Department of Social Services is requested to engage its local departments in conveying to clients that the need of children for special education programs and services are associated with poverty, socioeconomic and cultural deprivation, many of which are preventable. Although poor parenting skills, one-parent families, dysfunctional families, impoverished communities, and the lack of community support are indirectly related, clients need to understand and appreciate the potential influence of these factors on the likelihood of referral and identification of children for special education programs because each of these factors is associated with children's need for nurture, attention, love, stimulation, guidance and encouragement, and support. The phenomenon referred to as "racial misidentification" or "acting white," is one in which African-Americans who strive for academic achievement, pursue higher education, or aspire and seek professional employment are scorned for accepting white middle-class values or "acting white." Such persons usually meet with great disdain by peers, family, and their community. This phenomenon permeates the African-American community at all educational, social, and economic levels. However, children from homes and communities in which education is not a priority may deliberately mask their abilities, fail coursework, or engage in conduct that may be misinterpreted as a need for special education or criminal justice services in order that they may be accepted by their peers, parents, and the community. The Department is requested to work with other agencies who also have this charge to dispel the notion that academic, social, and economic achievement are an anathema to preserving one's racial identity and the African-American culture, and that this type of response to reality serves only to reinforce and preserve racial and ethnic stereotypes.

In addition, this agency is requested to monitor clients who actively seek to have their children identified for special education programs and services, giving particular attention to the number of children of a client so identified. Anecdotal information presented to the joint subcommittee indicates that among some young minority public assistance clients, having one's child identified for special education programs is an incentive to obtain certain financial benefits.

The Department is requested to provide information regarding the stigma of special education and the long-term implications of such identification. Further, it is important that social workers, especially those who work directly with poor and minority children and their families, understand and appreciate diverse cultures and their experiences.

The Department of Education is requested to provide leadership in informing parents and school personnel concerning the relationship between the referral and identification for special education and the following factors: poverty, socioeconomic and cultural deprivations, low parent and teacher expectations, race, poor parenting skills, one-parent families, limited parental involvement in the education of children, linguistic differences, learning disabilities, delayed development, ADD/ADHD and autism, impoverished communities, lack of community support, and the phenomenon of "racial misidentification" or "acting white." The Department is requested to work cooperatively with other state agencies and local school divisions to provide broad dissemination of this information.

The State Council of Higher Education is requested to provide information to minority students and institutions of higher education concerning the nexus of the phenomenon referred to as "racial misidentification" or "acting white" to the academic underachievement and low retention rates of African-American college students. Even on college campuses, African-American persons usually meet with great disdain and may be shunned by peers, family, and their community, if they strive for academic achievement and other scholastic honors or recognition. This phenomenon permeates the African-American community at all educational, social, and economic levels. The Council is requested to encourage institutions of higher education with approved teacher education programs at the undergraduate and graduate levels to offer coursework that will prepare and assist prospective and in-service educators to instruct at-risk, poor, and minority students effectively. The Council is requested to work collaboratively with each of the noted state agencies to educate and inform students, parents, faculty and staff, K-12 educators, public assistance clients, and the community regarding preventable factors, and systemic and societal factors that converge to influence the referral and identification of African-American and other minority students for special education; and, be it

RESOLVED FURTHER, That the Clerk of the House of Delegates shall transmit copies of this resolution to the Directors of the Departments of Health, Mental Health, Mental Retardation and Substance Abuse Services, Medical Assistance Services, Social Services, Education, and the State Council of Higher Education, requesting that they further disseminate copies of this resolution to their local counterparts and their respective constituents so that they may be apprised of the sense of the Virginia General Assembly in this matter.