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The Problem of Misclassification As noted previously, right-to-education court cases signaled to Congress that federal legislation was needed to ensure educational opportunities for all children with disabilities. A second type of court case was important in shaping the nondiscriminatory testing, classification, and placement procedures required by IDEA-Part B. These cases concerned the misclassification of racial and ethnic minority group children as mentally retarded and their placement in special classes for the educable mentally retarded. They raised questions regarding school violations of the due process and equal protection guarantees of the 14th Amendment (Bersoff, 1979). Due Process. The due process clause of the 14th Amendment protects individuals from arbitrary or unwarranted stigmatization by the state that may interfere with the ability to acquire property (Wisconsin v. Constantineau, 1971). Under the protections of the 14th Amendment, the state (school) may not assign a negative label such as mentally retarded without due process; that is, without some sort of fair and impartial decision-making procedures (Bersoff & Ysseldyke, 1977). In the P.A.R.C. ruling, a number of procedural safeguards against misclassification were required. For example, parents were given the right to an impartial hearing if they were dissatisfied with their child s special education classification or placement. Equal Protection. With the landmark Brown v. Board of Education decision in 1954, the Supreme Court ruled that school segregation by race was a denial of the right to equal protection (equal educational opportunity) under the 14th Amendment. Following this decision, the courts began to scrutinize school practices that suggested within-school segregation; that is, where minority group children were segregated and treated differently within the schools. A number of suits against the public schools were filed in which minority group children were overrepresented in lower education tracks and special education classes. These lower tracks and special education classes were seen as educationally inferior and a denial of equal education opportunities. The claimants in these cases maintained that many children were misclassified and inappropriately placed based on racially and culturally discriminatory classification and placement procedures (see Exhibit 5 2).
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FIGURE 5.3.1 Simulation results showing effect of oxide coating on rate of development of electromigration-induced line failure. (From [172]. # 1988 by IEEE.)
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76 percent said they should not cheat on their taxes, indicating that almost one-quarter of respondents felt otherwise. Eleven percent said it was all right to cheat a little, and 5 percent said it was all right to cheat as much as possible. A similar survey conducted in 1999 found those who said they should not cheat to be 87 percent of respondents. It appears, then, that those disinclined to cheat to some degree declined by 11 percent. As Audits Decline, Fewer Taxpayers Balk at a Bit of Cheating, The New York Times (January 19, 2002), A-11.
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// obtain the width and height of the screen // and create a bitmap with those dimensions myBitmap = new Bitmap( getWidth(), getHeight); // create a graphics object which will use the bitmap as its // drawing surface myOffScreenGraphics = new Graphics( myBitmap );
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