Young, Wright, and Laster (2005) stated that since the "Brown v. Board of Topeka, Kansas" decision, gaps in educational achievement have been a recognized problem across the United States. Particularly, differences in achievement levels for elementary and secondary African American students have remained. Daniels (1998) stated that students who are culturally and linguistically diverse have always been challenged with inequality in our system of education. This article examines the critical issues resulting in the misrepresentation of culturally and linguistically diverse students in special education classes in America?s schools.