As American ushered in the new millennium, the country bid goodbye to the 20th century, one of the most tumultuous century for the country. This was a century that was marked by the civil rights struggle on different fronts and world Wars, not forgetting the Cold War. There were many achievements to be celebrated in different sectors, but those of concern to this study pertain to the education sector. In 2004, American celebrated half a decade since Brown v. The board of Education decision was made by the Supreme Court and in 2005, the country celebrated the enactment of Individuals with Disability Act (IDEA). This act is of particular importance to this study because it changed the education landscape for the disabled Americans (Ferri & Connor, 2005). Over the years, the plight of the disabled in the society has been an issue of concern for their families, government, and the society as a whole. Prior to the enactment of the Individuals with Disabilities Education Act (IDEA) disabled children were denied the chance to participate in education like their normal peers. This limited their chances of life and most of them were left to stay at home while their peers went to school. According to Blanchett, Mumford & Beachum, (2005) this law was designed to ensure that children with disabilities were granted a chance to go to school and realize their potential in life. In line with the provision of the IDEA, schools are required to put in place a mechanism that is used to deter if a child should be referred for special education. However, it has been found out that in most cases, the laid down guidelines are not followed and most children have been erroneously referred to special education while in fact they do not. This has been the case for African American students in most special schools in the country. African American students are overrepresented in special schools raising many questions on the effectiveness of the criteria that are being used to refer the students to special education. It is a matter of concern because this shows a great number of African American students have learning disability, mental retardation, emotional disturbance, and other disorders that require a student to be referred for special education.