What is BICS

Alarming statistics presented by the United States Department of Education reveal a disproportionate number of students of minority language (English language learners) qualify for special education. As far back as 2007, the DOE recognized there was a concerted effort needed to reduce racial and ethnic disproportionality in racial and ethnic identification, placement, and disciplinary actions for minority students' representation in special education. This chapter will examine and address solutions to prevent the over identification of English language learners in special education specifically in the area of identification. As a further objective, the ramifications of this over representation will be examined, and the authors hypothesize about why the over representation occurs. Confusion over the Unz Initiative (1998, Proposition 227) may have inadvertently led to the over identification. A case study, leading to case law, concludes the chapter.