Volume 17, Issue 1 (1988)
Recent Placement Litigation, Part I, Regular Education Grouping: Comparison of Marshall (1984, 1985) and Hobson (1967, 1969)
Daniel J. Reschly, Richard Kicklighter, Patrick McKee
ABSTRACT: Two noteworthy court decisions concerning regular education grouping practices which led to disproportionate placement of black and white students were reviewed: Hobson v. Hansen (1967, 1969) which banned a classroom grouping practice based largely on a group IQ test and Marshall 21. Georgia (1984, 1985) which upheld a classroom grouping practice based largely on skill acquisition in basal curricula. The key differences in the cases appeared to be: (a) The basis for the grouping decisions; (b) The flexibility in assignments; (c) Enhanced educational opportunities; and (d) Beneficial outcomes to lower track students. The evidence presented by Marshall plaintiffs and defendants was discussed extensively. The second and third articles of this three part series will discuss the recent special education EMR over representation cases and the implications of the recent decisions for school psychology and special education.
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