Explain the factual background on how the students are classified; Identify the legal issues presented by these classifications; and Describe what equal
choose one of the following groups:
- Classifications based on English language learners;
- Classifications through ability grouping/tracking;
- Classifications in academic programs based on gender;
- Classifications in sports programs based on gender; and
- Classifications to assign students to specific schools for racial balance.
In a 500-word, address the following for the group that you have chosen:
- explain the factual background on how the students are classified;
- Identify the legal issues presented by these classifications; and
- Describe what equal protection requires.
Include at least five references. At least three of the five references should cite relevant court cases. See the attached document, as well as the assigned readings for this topic, for appropriate sources.
Topic 4 Assignment – Suggested Court Cases & Readings
English Language Learners Cases
Lau v. Nichols 414 U.S. 563; )94 S. Ct. 786; 39 L. Ed. 2d 1; 1974
https://advance-lexis-com.lopes.idm.oclc.org/api/permalink/de48832f-4bb6-481b-a157-c6f739d925ef/?context=1516831
Rios v. Read 73 F.R.D. 589 (E.D.N.Y. 1977)
Flores v. Arizona 516 F.3d 1140 (2008)
https://casetext.com/case/flores-v-arizona-4
Oakes, J., & Lipton, M. (2004). “Schools That Shock the Conscience”: Williams v. California and the Struggle for Education on Equal Terms Fifty Years after Brown. Berkeley Women’s Law Journal, 19(2), 234–258. https://lopes.idm.oclc.org/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=14981531&site=eds-live&scope=site&custid=s8333196&groupid=main&profile=eds1
‘Tracking’ Students
Robbins v. Lower Merion School District, 10-cv-0665
Gutterman v. Ind. Univ. 558 F. Supp. 3d 720 (S.D. Ind. 2021)
United States v. Tuggle, 4 F.4th 505, 509-10 (7th Cir. 2021)
Gender – Academics Related
Chipman v. Grant County School Dist. 30 F.Supp.2d 975 (1998)
https://advance-lexis-com.lopes.idm.oclc.org/api/permalink/58f37941-85a1-4bc3-9c3f-bc2b347807e5/?context=1516831 fc
Franklin v. Gwinnett County. Pub. Schools 503 U.S. 60 (1992)
Pfeiffer v. Marion Center Area School District Board of School Directors 917 F.2d 779 (1990)
Gender – Sports Related
Force v. Pierce City R-VI School District 570 F. Supp. 1020 (1983)
Mansourian v. Regents of Univ. of Cal., 602 F.3d 957, 964 (9th Cir. 2010)
https://www.acluhi.org/sites/default/files/field_documents/a.b._v._hawaii_state_dept_of_educ_-_ninth_circuit_published_opinion_re_class_certification_0.pdf
Racial ‘Balance’ – Bus Decisions
Swann v. Charlotte-Mecklenburg Board of Education 402 U.S. 1 (1971)
Milliken v. Bradley, 418 U.S. 717 (1974)
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