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Authored by: Joseph Agee-Aguayo

Name of Case: Parentsin Action on Special Education (PASE) v. Hannon

Citation:

Parents in Action on Special Ed. (PASE) v. Hannon, 506 F. Supp. 831 (N.D. Ill. 1980).

Background:

The PASE classaction lawsuit was brought against Joseph P. Hannon, then generalsuperintendent of schools in the city of Chicago, regarding the use ofstandardized tests to determine placement of African-American children intospecial classes for the educable mentally handicapped (EMH) in the Chicagoschool system. According to theplaintiffs, the standardized assessments used by the Chicago public schools (i.e.:the WISC-R, WISC, and the Stanford-Binet Intelligence Scale) were inherentlybiased against African-American students, and as such, the use of such assessmentsto determine placement of African-American students into EMH educationalprograms was inappropriate. This wasshown through the disproportionate amount of African-American students in EMHprograms compared to their Caucasian peers. Hannon and the Chicago Board of Education argued that while there weresome items on the assessments that were sensitive to cultural background, theiruse of such assessments was still appropriate for making decisions regardingspecial education placements.

Decision:

Judge Grady, after hearing arguments from both theplaintiffs as well as the defendants regarding the use of standardized testsfor determining special education placements for African-American students,decided that while some individual items in such tests (one for Stanford-Binet andeight for WISC-R) were inappropriate for students from different culturalbackgrounds, that did not undermine the tests’ overall value in determiningplacements of African-American children into EMH programs. Therefore, Judge Grady determined that suchstandardized assessments as a whole do not discriminate againstAfrican-American students when used responsibly with other forms of assessment(i.e.: educator and parent interviews, observations, etc.).

Ramifications/What’s Important to Remember?

·There was a notedoverrepresentation of African-American students that was present in EMHprograms when compared to other students from other ethnic groups.

·The judge evaluatedthe individual items of each relevant assessment to determine the culturalfairness of the assessments as a whole.

·Following the analysesof each assessment, the judge determined that the assessments were determinedto be culturally fair toward African-American students.

·The judge emphasizedthat the use of culturally fair IQ tests should be used in conjunction withother types of assessments in order to provide a reasonable amount of data tojustify EMH placement decisions.

Some Related Cases or Laws:

What led up to thiscase?

·Brown v. Board of Education (1954) - Stated that the “separate but equal” clause ofthe Plessy v. Ferguson Supreme Courtcase of 1896 was unconstitutional. TheSupreme Court stated that separate educational institutions were “inherentlyunequal,” which landed a critical blow to state legislation encouragingsegregation of African-American students from Caucasian students.

·Hobson v. Hansen(1967) - This case covered the use of tracking African-American individualsbased on standardized tests. These testswere standardized based on a national sample of children who were mostlyCaucasian and came from a middle-class background. It was determined that the use of these testsas the primary basis for tracking African-American students and those fromlower socioeconomic backgrounds was inappropriate, and the tracking system inthe District of Columbia was declared invalid.

·Diana v. Board of Education (1970) - Covered the use of WISC and the Stanford-Binet assessmentsto determine placement of Spanish-speaking students into EMH classes. It was found that both the WISC and theStanford-Binet assessments were inappropriate for use with Spanish-speakingstudents.

·Larry P. v. Riles(1979) - A California class-action lawsuit that primarily focused on the use ofIQ testing on young African-American children. Given the disproportionate placement of African-American children intoEMH programs, the use of IQ tests alone may have been a discriminatory practiceagainst African-American students. Thecourt decided that the use of IQ tests was culturally biased againstAfrican-American students and banned the use of such tests in the state ofCalifornia for the purposes of determine eligibility for specialeducation. The court also required thata data collection and record-keeping system be put in place to monitor levelsof African-American students in special education classrooms.

What legislationfollowed these rulings?

·Individuals with DisabilitiesEducation Act (IDEA, including 1997 and 2004 Reauthorizations and Amendments) -Throughout the years and through various court cases, there have been concernregarding the overrepresentation of various minority groups in specialeducation. In particular,African-American students appear to be overrepresented greatly over theirCaucasian counterparts. The latestversion of IDEA (2004) targeted this overrepresentation by using parts of itsfunding to develop Coordinated Early Intervening Services (CEIS) to targetstudents who are not yet in need of special education. If a state is determined to have anoverrepresentation of racial or ethnic minorities in special education programsor minorities being given suspensions/expulsions, the use of CEIS is requiredin order to better serve these populations.

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