Discrimination in Gifted Education: Learning From the Court Case of District U-46 Regarding Culturally Responsive Assessment

• In Event: Conducting Research With Underrepresented Groups: Methodological and Assessment Considerations Division C Affirmative Action Council Session

Abstract

In the majority of school districts, Black and Hispanic students are under-represented in gifted education classes. This lack of access to gifted education in the early grades contributes to under-representation in advanced classes in high school and under-enrollment in college, especially at elite institutions. While school districts have been investigated for under-representation, and some found guilty of having too few Black and Hispanic students identified as gifted, and policies, procedures, and assessments have been challenged, few have been guilty of having segregated programs. On July 11, 2013, Illinois Federal District Court Judge Robert Gettlemen issued (see McFadden vs. Board of Education for Illinois School District U-46) issued a decision holding that District U-46 (Elgin) discriminated against Hispanic students in the district’s gifted program (grades 4-6). Specifically, the Court found the district discriminated against Hispanic students who had exited from the district’s bilingual program by segregating them into a separate gifted program, not allowing them to be in classes with gifted White students. Judge Gettlemen’s decision renewed the Brown v. Board of Education (1954) principle that ‘separate is inherently unequal’. Further, the Court found that Blacks and Hispanics were under-represented in gifted education due to discriminatory policies, procedures, and tests and other instruments. This session presents an overview of the court case, with attention to lessons learned and recommendations for eliminating discrimination and segregation in gifted education via culturally responsive assessment instruments and practices.

Author

• Donna Y. Ford, Vanderbilt University