School Law Bulletin [serial] 9, 4 (Oct 1978)

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32. Board of Educ. v. HEW, 396 F. Supp. 203 (S.D. Ohio 1975); P. v. Riles, 343 F. Supp. 1306 (N.D. Cal. 1972), affd, 502 F.2d 963 (9th Cir. 1974); Hobson v. Hansen, 269 F. Supp. 401 (D.D.C. 1967).
See, e.g., Note, The Legal Implications of Cultural Bias in the Intelligence Testing of Disadvantaged School Children, 61 Geo. L. Rev. 1027, 1032- 35 (1973); Note, Limiting the Use of Standardized Intelligence Tests for Ability Grouping in Public Schools, 51 N.C. L. Rev. 1564 (1973).
SCHOOL LAW BULLET
...IN matters of educational policy, are unlikely to declare competency testing unconstitutional per se. However, the trial competency test given in North Carolina suggests that the actual test will have a disproportion- ate racial impact. It can be argued that such a result satisfies the first element of proving a prima facie case of a denial of equal protection in an ability-grouping program, i.e., racial imbalance. But the design of the North Carolina competency testing program makes it extremely difficult to establish the other two elements necessary to establish a prima facie denial of equal protection — reliance on scores of a culturally biased test and proof of injury to the student because of per- manent location in a special remedial program.

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