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Federal Judge Rules Trump Administration Must Enforce Special-Education Policy
Wall Street Journal ^ | March 7, 2019 | Michelle Hackman

Posted on 03/08/2019 7:02:33 AM PST by reaganaut1

WASHINGTON—A federal court in Washington ruled Thursday that an Obama administration policy seeking to address the high proportion of black and Hispanic children in special-education classes must go into effect.

The Trump administration attempted to delay the rule’s implementation last year, which would require school districts not to place disproportionate numbers of minority students—either too many or too few—into special-education tracks or isolated settings at school. The rule was originally set to take effect in July 2018, before the Trump administration delayed it.

The federal judge, Tanya S. Chutkan, an Obama appointee on the District of Columbia district court, argued in her opinion that the delay violated administrative law, and that there was little evidence states were unprepared to comply in time.

“For 18 months between the effective date of the [Obama regulations] and the compliance date, states were preparing to utilize the standard methodology” set forth by the rule, she wrote.

The Education Department, which delayed the rule last year, argued at the time it would have required schools to set arbitrary quotas for the number of children requiring special education. The department in one analysis estimated that nearly half of all school districts would be identified for having disproportionate numbers of minority students in special-education programs under the Obama standard.

A spokeswoman for the department, Liz Hill, said it is now reviewing its legal options.

Educators and policy experts have been at odds over the need for the rule. Some argue that too few minority students, rather than too many, have access to adequate special-education services. Others believe that the proportions of minority students being identified as special-education students is so much higher than their white peers that root causes of racism must be addressed.

(Excerpt) Read more at wsj.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: bellcurve; education; iq; quotas; racialquotas; specialeducation
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A typical IQ cut-off for special education is 70. In the U.S. whites have an average IQ of 100, and the average for blacks is 85. Therefore a much larger fractions of blacks than whites will have an IQ below 70.

It may cause too much friction for politicians and policymakers to talk about racial differences in IQ, but they at least ought to *know* about them, so they don't do stupid things. The No Child Left Behind mandate of George W. Bush to erase racial gaps in academic achievement was another bad policy caused by ignoring reality.

1 posted on 03/08/2019 7:02:33 AM PST by reaganaut1
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To: reaganaut1

Not a law. POTUS has not obligation to enforce it.


2 posted on 03/08/2019 7:03:40 AM PST by rjsimmon (The Tree of Liberty Thirsts)
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To: reaganaut1

Cloward-Piven the government-school/teachers-union criminal complex. That’s the ticket.


3 posted on 03/08/2019 7:04:40 AM PST by E. Pluribus Unum (Capitalism produces EVERYTHING Socialists/Communists/Democratic-Socialists wish to "redistribute.")
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To: rjsimmon

I think this “you must abide by this other guy’s policy” stuff is comical. The judges are not helping their credibility with this nonsense.

BTW, A simple EO would fix it.


4 posted on 03/08/2019 7:05:56 AM PST by cuban leaf
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To: reaganaut1

5 posted on 03/08/2019 7:06:13 AM PST by E. Pluribus Unum (Capitalism produces EVERYTHING Socialists/Communists/Democratic-Socialists wish to "redistribute.")
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To: reaganaut1

“Obama appointee on the District of Columbia district court”


6 posted on 03/08/2019 7:06:43 AM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: reaganaut1
Another Bammy POS weighs in.

Why is there even an Executive Branch or a Legislative Branch?

7 posted on 03/08/2019 7:07:18 AM PST by an amused spectator (Mitt Romney, Chuck Schumer's p*ssboy)
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To: E. Pluribus Unum
Curves not to scale.

8 posted on 03/08/2019 7:08:43 AM PST by E. Pluribus Unum (Capitalism produces EVERYTHING Socialists/Communists/Democratic-Socialists wish to "redistribute.")
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To: reaganaut1
They are denying reality of groups’ drug usage (yes it effects the baby), drinking of alcohol (yes it effects the baby), lack of English skills, lack of education achievement of parents and lack of two parents at home.

So Judge you are condemning these children to the Democratic plantation. Thank you very much.

9 posted on 03/08/2019 7:21:09 AM PST by Lockbox
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To: reaganaut1

Sounds like this judge feels the Obama Administration is really still in charge, and those old opinions and rules from past civil servants simply outweigh any opinions and rules that the current administration might have in mind.


10 posted on 03/08/2019 7:22:07 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: reaganaut1

///// The federal judge, Tanya

[sigh]


11 posted on 03/08/2019 7:26:40 AM PST by Jeff Chandler (We are in the midst of a Cold Civil War.)
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To: Lockbox

Most of our students who need special education have mental deficiencies due to the prenatal illegal-drug usage by the mothers. These students were mentally doomed before they were born.


12 posted on 03/08/2019 7:32:18 AM PST by abclily
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To: rjsimmon

That was my first reaction, as well. Any “rules” 0bama created on his own are not laws.


13 posted on 03/08/2019 7:33:01 AM PST by NEMDF
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To: reaganaut1

This is idiocracy. The need for special education is based on the student’s capabilities, not racial or ethnic quotas.


14 posted on 03/08/2019 7:36:44 AM PST by pfflier
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To: reaganaut1

Meh. Another clown to be overturned.


15 posted on 03/08/2019 7:40:48 AM PST by SoFloFreeper
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To: abclily

My wife teaches Special Education, so very familiar with the issues. Life styles have consequences.


16 posted on 03/08/2019 7:42:32 AM PST by Lockbox
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To: E. Pluribus Unum

I think those curves must be old.

It's difficult to believe that the median IQ of white people is still 100 in 2019.

(The movie "Idiocracy" was supposed to be satire, not a plan.)

17 posted on 03/08/2019 7:44:54 AM PST by Sooth2222 ("Every nation gets the government it deserves." -Joseph de Maistre)
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To: Sooth2222

Since this Judge wants to make her opinions heard; what is her opinion on sanctuary cities? Should the states enforce Federal Laws?


18 posted on 03/08/2019 7:57:16 AM PST by CoastWatcher
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To: reaganaut1
The Bell Cure is reality. In the long run, reality always wins. Fighting it is futile.
19 posted on 03/08/2019 8:00:47 AM PST by JoeFromSidney (Colonel (Retired) USAFgt.)
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To: reaganaut1

“Obama administration policy”

America’s hemorrhoid continues to cause irritation.


20 posted on 03/08/2019 8:02:38 AM PST by antidemoncrat
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