Georgia State Conference of Branches of NAACP v. State of Georgia

Report
Brittney Klauser
EDPSY685
11/25/13
 13th
Amendment
 14th
Amendment Section
• Education is a property right
 504
of the Rehabilitation act of 1973
 Hobson
v. Hansen
(Jacob, S. et al., 2011)
 Larry
P. v. Riles (Reschley,
D. J., et al., 1988)
• First to challenge the
• Claimed IQ tests were
disproportionate
assignment of
minorities to lower
ability tracks
• Violation of the 14th
Amendment
biased that using them
for placement was
discrimination
• Violated students’ civil
rights and violated
section 504
 Judge ruled in favor of the
plaintiff
 Judge ruled in favor of the
plaintiff
 Class
action suit involving 45 African
American Children
 Two causes for the action:
• Use of achievement grouping results in intra-
school racial segregation
 Violation of the 13th and 14th amendment
• African American children in Georgia are
assigned to EMR programs in a discriminatory
manner
 Violation of the 13th and 14th amendment and Section 504
 Court
held that ability grouping that
results in within-school segregation is
permissible IF the district can
demonstrate that the grouping remedies
past segregation by providing better
educational opportunities
 Court ruled in favor of the defendants
 Random
sample of African American and
white students from Marshall v. Georgia
• Found to be the same on most variables
• Slightly greater impairment in white children
• One student was misclassified
• Problems with pre-placement evaluations
 Simmons
v. Hooks (1994)
• Plaintiff claimed discrimination and segregation
due to race through ability grouping in the
school
• Marshall v. Georgia was cited in defense of the
defendant
• The court upheld the previous ruling of Marshall
v. Georgia
 IQ
testing vs. skill acquisition
 Rigid
vs. flexible groups
 Lowered
vs. enhanced educational
opportunities
 Achievement
grouping is not he primary
variable in school effectiveness
 Mixed-age
grouping based on
achievement is effective
 When
is equity achievement?
 Is
labeling African American children as
having a learning disability
advantageous? (Gold & Richards, 2012)
 Is the overrepresentation of African
American children in special education a
persisting problem? (Patton, 1998)
 How does this apply to us as school
psychologists and clinical practitioners?
 Overrepresentation
is a continuing
problem
 Resources
legislation
in relation to case law and
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Gold, M. E. & Richards, H. (2012). To label or not to label: The special education question for
African Americans. Educational Foundations, 26, 143-156.
Grossen, B. (1996). How should we group to achieve excellence with equity? National Center to
Improve the Tools of Educators, 1-18.
Jacob, S., Decker, D. M., & Hartshorne, T. S. (2011). Ethics and Law. Hoboken, New Jersey:
Wiley.
LEAGEL. GA. STATE CONF. OF BR. OF NAACP V. STATE OF GA. Retrieved from:
http://www.leagle.com/decision/19852178775F2d1403_11977
Patton, J. M. (1998). The disproportionate representation of African Americans in special
education. The Journal of Special Education 32, 25-31.
Reschley, D. J. & Kicklighter, R. J. (1985). Comparison of black and white mildly retarded
students from Marshall v. Georgia. Retrieved from: http://eric.ed.gov/?id=ED270938
Reschly, D. J., Kicklighter, R., & McKee, P. (1988). Recent placement litigation: I. Regular
education grouping: Comparison of Marshall (1984, 1985) and Hobson (1967,1969).
School Psychology Review, 17(1), 9-21.
Reschly, D. J., Kicklighter, R., & McKee, P. (1988). Recent placement litigation: II. Minority
EMR overrepresentation: Comparison of Larry P. (1979, 1984, 1986) with Marshall
(1984, 1985) and S-1 (1986). School Psychology Review, 17(1), 2-38.
Simmon v. Hooks. 843 F. Supp. (1994). Retrieved from:
http://scholar.google.com/scholar_case?case=15366944577577798413&q=Simmons+v.
+Hooks
&hl=en&as_sdt=800006&as_vis=1
The Library of Congress. (2013, November 19th). Primary Document in American History.
Retrieved from: http://www.loc.gov/rr/program/bib/ourdocs.html
U.S. Department of Justice. (2009, July). A Guide to Disability Rights Law. Retrieved from:
http://www.ada.gov/cguide.htm#anchor65610

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