Minority students are overrepresented in special needs education in many countries in the western world. Also in Norway, minority students have lower school performance and receive more special needs education than ethnic Norwegian students.
The Education Law in Norway asserts inclusion and equality for all students in the obligatory school system. This is to be carried out through adapted education. Students who cannot or do not have their needs fulfilled in ordinary classes, have an extra right to special needs education (Education Act,1998). To obtain this right, the learning disabilities of the students have to be assessed and documented by experts from the Pedagogical Psychological Service (PPS).
Key research questions are how teachers` discretion is practiced in discourses about minority students learning outcome and learning abilities in primary school. And, how are institutional rights of inclusion, equality and adapted education for minority students practiced in this specific discourse?
Teachers are vital in the referral procedure to special education. The teacher normally takes the first step to refer a student to assessment about special education. This judgment is based on his discretion about the student`s insufficient learning outcome in the ordinary class. In this occasion, the teacher has to produce a pedagogical report to PPS to describe and document the student`s learning disabilities. In most cases students who are referred to, also end up in special education.