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Diana v. State Board of Education (1970)
Transcript of Diana v. State Board of Education (1970)
a lawsuit was filed on behalf of 9 Mexican-American students who were placed in EMR classes based on results from IQ tests
the case argued that the students did not understand the content on their IQ tests because it was administered in English, a language that none of the students spoke
the case argued that the IQ scores were invalid and they should not be placed in EMR classes
Diana, a Mexican-America student in central CA in the 1970's struggled in class, and was given an IQ test
results determined that Diana had a mild mental retardation and was put in a special needs class, referred to as Educably Mentally Retarded (EMR) class.
The court ruled that this situation violated the Constitution because the children were not given equal protection based on the language they spoke
The case was settled and there were multiple stipulations...
children whose primary language was not English were tested in their primary language and English
Mexican-American and Chinese-American students in EMR classes were retested and placed accordingly
LEAs (Local Education Agency had to submit a plan for retests
LEAs held accountable for disproportionate number of Mexican-American students in EMR classes
Long Term Effects
CA enacted legislation mandating that test scores used for placement must be determined through evaluating the child's developmental history, cultural background, and academic achievement
CA begun to better standardize IQ tests
IQ tests for special education placement were eventually eliminated
movements in special education reform--Larry P. V Riles