School Access
Cases Concerning Misclassification of BIPOC
Assessment Procedures
100

This hallmark case de-segregated schools across the United States in 1954 by challenging racial discrimination the public schools. 

What is Brown vs. Board of Education?

100

Diana v. State Board of Education was a class action suit filed in California on behalf of 9 Mexican American children placed in classes for the EMR on the basis of Stanford-Binet or Wechsler Intelligence Scale for Children IQ scores. Diana, one of the plaintiffs, came from a Spanish-speaking family and was placed in an EMR classroom based on the IQ score of 30. When she was later retested in Spanish and English by a bilingual psychologist she scored 49 points higher and no longer qualified for Special Education placement. Thus the consent decree required this. 

What is that children be assessed in their primary language?

100

Before starting assessment procedures, School Psychologists should know and understand these two organizations "principles"

NASP Principles for Professional Ethics and the APA's Ethical Principles of Psycholgoists and Code of Conduct 

200

In 1990 this act was passed to assure that all children had access to "a free appropriate education which emphasizes special education and related serves designed to meet their unique needs; to assure that the rights of [children with disabilities] and their parents or guardians are protected; to assist States and localities to provide from the education of all handicapped children; and to assess and assure the effectiveness of efforts to educate [children with disabilities]."

What is IDEA or Individuals with Disabilities Education Act

200

Larry P. v Riles (1984) led to the banning of the use of IQ tests to assign African American children to any special education program except for the state-supported gifted and talented program. In 1994 another case (Crawford v Honig) allowed IQ tests to be given to African American with parental consent. The state of California still prohibits the use of IQ tests with African American children. Despite THIS professional group challenging the state ban in 1994. 

What is CASP or California Association of School Psychologists? 

CASP vs. Superintendent of Public Instruction (1994)

200

Practitioners are ethically obligated to seek THIS before conducting assessments. This should also be provided in the parent's primary language and thoroughly explained thus making it "informed"

What is consent?

300

This case foreshadowed and shaped subsequent federal laws that require Free and Appropriate Public Education (FAPE) for all children. This included providing home-bound instruction if appropriate and allowing tuition grants for children who needed alternative school placements. It also required parental notice before children were assigned to special education

What is Pennsylvania Association for Retarded* Children (PARC) v. Common Wealth?

*This is the old name but is required to be used in the case however is not appropriate for today according to Rosa's Law. 


300

Hobson v. Hansen (1967,1969) was the first significant legal challenge to the use of aptitude tests for assigning minoritized children to low-ability classes. This case led to this. 

What is the education track system to be abolished ?

300

Under IDEIA, tests and other assessment tools used in the evaluation of children with suspected disabilities are provided and administered in THIS or other modes of communication and in a form most likely to yield accurate information of what the child knows.."

DAILY DOUBLE - If you know the definition of this you will receive double points. 

What is a child's native language?


Native language is defined as "the language normally used by the child in the home or learning environment" 



400

In 1947, parents won this federal lawsuit against several California school districts that had segregated Mexican-American schoolchildren. For the first time, this case introduced evidence in a court that school segregation harmed minority children. This court case would later be used as a precedent for Brown vs. Board of Education. 

What is Mendez v. Westminster?

400

Guadalupe Organizaion, Inc v. Tempe Elementary School Distric No. 3 (1972) was a class action suit filed on behalf of Yaqui Indian and Mexican American students. Althought the case had a similar outcome to Diana v. Stateboard it included requiring assessment's in the child's primarily language or the use of nonverbal measures and an assessment of this along with these changes to due process.  (Name 2 parts of an assessment and 1 part of due process) 

What is an assessment of adaptive behaviors, an interview with parents, and informed consent for evaluation and placement?

400

If a child must be tested in a language that the school psychologist does not speak which of the following is NOT allowed: 

(a) using NASP's directory of bilingual school psychologists to see if that psychologist can test the student 

(b) obtaining consent to use an interpreter; the interpreter must be adequately trained to assist in the assessment then listing in the report the limitation in regards to the validity 

(c) translate items from a test developed for English-speaking examinees into the child's native language 

(d) on-the-spot translation of a test or subtest

What is 

(c) translate items from a test developed for English-speaking examinees into the child's native language 

(d) on-the-spot translation of a test or subtest?

*UNETHICAL PRACTICES*

500

It is important to note that eligible children under IDEIA-Part B must have a disability as outlined in one of the 13 disability categories and they must need special education and related services because of that disability. Therefore, a child is not eligible for special education if "the determinant factor for that determination is lack of appropriate instruction in reading...math or" this factor which impacts some emerging bilinguals. 

What is limited English proficiency?

34 CFR § 300.306(b)

500

This case is where the U.S. Supreme Court, under the Civil Rights Act of 1964, a California school district receiving federal funds must provide non-English-speaking students with instruction in the English language to ensure that they receive an equal education.

What is Lau vs. Nichols?

500

This can refer to the psychometric adequacy of the instrument that is evidenced that a test or procedure is not equally valid when used with children from differing ethnic or racial backgrounds. 

This can be defined and evaluated in terms of content validity, criterion-related validity, and construct validity or in terms of differential  concurrent or predictive validity 

What is test bias?