Recently, suits have been brought against public schools for placing certain children in special classes for the educable mentally retarded. Through the courts parents are challenging the administration and use of standardized tests, placement procedures, and the effectiveness and the harmful impact of special class programing. Special educators are urged to initiate immediate reform in testing and placement procedures or there is a likelihood that changes will be imposed by the courts. The possibility of punitive damages may stimulate these changes.
Get full access to this article
View all access options for this article.
References
1.
Arreola v. Board of Education, 160577 (1968).
2.
Brown v. Board of Education, 347 U.S. 483, 74 S. Ct. 686 (1954).
3.
California Constitution, Article 9, Section 5.
4.
ChenaultJ.Mental retardation as a function of race, sex and social economic status. Doctoral Dissertation, Michigan State University, 1970.
5.
Civil Rights Act, 42 U.S. Code 2000d, 2000d-I (1964).
6.
Covarrubias v. San Diego Unified School District, 70–394 Texas Reports (February, 1971).
7.
Diana v. State Board of Education, C-70 37 RFP, District Court for Northern California (February, 1970).
8.
DunnL.M.Special education for the mildly retarded—Is much of it justiable?Exceptional Children, 1968, 35, 5–22.
9.
FranksD.J.Ethnic and social status characteristics of children in EMR and LD classes. Exceptional Children, 1971, 37, 537–538.
10.
HallE.The politics of special education. In Inequality in Education. Harvard Center for Law and Education, March 16, 1970, Nos. 3 & 4. pp. 17–22.
11.
Hobson v. Hansen, 269 F.Supp. 401 (1967).
12.
JensenA.R.How much can we boost IQ and scholastic achievement?Harvard Educational Review, 1969, 39, 1–123.
13.
LennonR.T.Testing and the culturally disadvantaged child. Boston: Harcourt, Brace and World, 1964.
14.
MercerJ.R.The ecology of mental retardation. In The Proceedings of the First Annual Spring Conference of the Institute for the Study of Mental Retardation, Ann Arbor, Michigan, 1970, pp. 55–74.
15.
Smuck v. Hobson, 408 F.2d 175 (1969).
16.
Spangler v. Board of Education, 311 F.Supp. 501 (1970).
17.
Stewart v. Phillips, 70-1199-F (October, 1970).
18.
Wisconsin v. Constantineau, 39 U.S.L.W. 4128 (January 19, 1971).
