Despite the fact that disability has been recognized as "a natural part of the human experience" (Developmental Disabilities Assistance and Bill of Rights Act of 2000) and that the Education for All Handicapped Children Act of 1975 and its later reauthorizations as the Individuals with Disabilities Education Act (IDEA) should have served as an unbiased manifesto to address all students' disabilities, a further reality is that students with disabilities who also have cultural and linguistic differences remain poorly served in today's schools. In fact, while years of litigation and legislation have created improvement for some students with disabilities, it appears that a historic segregation may remain for culturally and linguistically diverse students with disabilities. This paper will examine case law and law review journals regarding students with disabilities who also have cultural and linguistic differences and their contact with the evaluation and placement phases of the special education process.