Classification and Equal Protection in Education – A Focus on Ability Grouping/Tracking

Classification and Equal Protection in Education – A Focus on Ability Grouping/Tracking
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April 12, 2023
Classification in education has been an area of controversy and debate, particularly in relation to the equal protection clause of the Fourteenth Amendment of the United States Constitution. In this essay, the author will explore the practice of ability grouping or tracking, the legal issues, and the equal protection requirements. Accordingly, this essay examines the complexities of ability grouping or tracking in education, exploring the legal issues arising from potential unequal access to opportunities, and emphasizing the importance of adhering to equal protection under the Fourteenth Amendment to ensure that all students, regardless of ability, race, or other classifications, receive equal educational opportunities.
Classification in the Education System
Ability grouping or tracking refers to organizing students into groups based on their academic aptitude, achievement, or perceived potential. This can manifest in various ways, such as placing students in separate classes, courses, or academic programs based on their abilities (Oakes, 2005). Proponents argue that this allows for tailored instruction and improved educational outcomes, while critics claim it perpetuates social and educational inequality.
Accordingly, studies show that most legal issues arise when the classifications of ability grouping the result in unequal access to educational opportunities or resources. These concerns are typically grounded in the equal protection clause of the Fourteenth Amendment, which prohibits states from denying "any person within its jurisdiction the equal protection of the laws" (U.S. Const. amend. XIV, § 1). As applied to education, equal protection requires that all students have an equal opportunity to receive an adequate education, regardless of their ability, race, or other classifications (Brown v. Board of Education, 1954).
One of the leading legal issues with ability grouping or tracking is that it may lead to de facto segregation along racial or socioeconomic lines. In Hobson v. Hans...