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

Georgia State Conference of Branches of NAACP v. State of Georgia. Brittney Klauser EDPSY685 11/25/13. Review of Important Legislation (The Library of Congress). 13 th Amendment 14 th Amendment Section Education is a property right 504 of the Rehabilitation act of 1973 .

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

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  1. Georgia State Conference of Branches of NAACP v. State of Georgia Brittney Klauser EDPSY685 11/25/13

  2. Review of Important Legislation (The Library of Congress) • 13th Amendment • 14th Amendment Section • Education is a property right • 504 of the Rehabilitation act of 1973

  3. Relevant Cases • Hobson v. Hansen (Jacob, S. et al., 2011) • First to challenge the disproportionate assignment of minorities to lower ability tracks • Violation of the 14th Amendment • Judge ruled in favor of the plaintiff • Larry P. v. Riles (Reschley, D. J., et al., 1988) • Claimed IQ tests were biased that using them for placement was discrimination • Violated students’ civil rights and violated section 504 • Judge ruled in favor of the plaintiff

  4. Marshall v. Georgia (LEAGEL) • 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

  5. Marshall v. Georgia continued (LEAGEL) 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

  6. Comparison of Black and White Mildly Retarded Students from Marshall v. Georgia (Reschely D. J. & Kicklighter R. J., 1985) • 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

  7. Cases after Marshall v. Georgia • 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

  8. Differences between Hobson and Marshall (Reschley, et al., 1988) IQ testing vs. skill acquisition Rigid vs. flexible groups Lowered vs. enhanced educational opportunities

  9. How should we group to achieve excellence with equity? (Grossen, B., 1996) Achievement grouping is not he primary variable in school effectiveness Mixed-age grouping based on achievement is effective When is equity achievement?

  10. Relevance to School Psychologists 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?

  11. Reflection Overrepresentation is a continuing problem Resources in relation to case law and legislation

  12. References 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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