Diana v. State Board of Education: A Landmark Case in Educational Equity

Introduction

Diana v. State Board of Education is a pivotal case addressing educational equity, particularly concerning standardized testing and the rights of bilingual students within the education system. This case, initiated in 1970, challenged the use of biased IQ tests for placing Mexican-American students in special education classes in California. The resolution passed by the Monterey County Board of Supervisors to commemorate the 50th anniversary of the landmark education and civil rights case of Diana v. California State Board of Education on January underscores the enduring importance of this legal battle. The case began with Soledad students and finished with the ending of discriminatory IQ tests in state schools.

Background of the Case

In 1970, Diana, a Mexican-American student in the Soledad School District in California, faced academic challenges. As Spanish was her primary language, she was administered an IQ test in English, which led to a poor performance. Consequently, she was placed in a special education classroom and labeled as "Educable Mentally Retarded" (E.M.R.), a term now replaced by "intellectual disability." The parents of Diana and eight other students in similar situations initiated a class-action lawsuit, Diana v. State Board of Education.

The Core Issues

The central argument in Diana v. State Board of Education revolved around the use of IQ tests that were linguistically and culturally biased. These tests, often administered in English, did not accurately reflect the cognitive abilities of students whose primary language was not English. As Alejo said, “These IQ tests were done in a language that children didn’t even understand and were also culturally biased". Glick and Jourdane filed the class action lawsuit on Jan. The court found the IQ test to be not just linguistically biased, but also culturally biased. The case exposed the inappropriate use of standardized intelligence tests for the placement of black children in E.M.R. classes in San Francisco.

Court Ruling and Impact

The court's ruling in Diana v. State Board of Education was a significant victory for bilingual education and fair assessment practices. The court mandated that students be re-assessed in their primary language or through nonverbal language tests. When allowed to take the IQ test in Spanish, Mexican American students gained an average of 15 IQ points or the equivalent of one standard deviation. This change led to more accurate evaluations and reduced the misplacement of students in special education programs. According to Alejo, “It was successfully won and settled within weeks under San Jose District Court Justice Robert Peckham".

The Diana case also inspired a subsequent landmark case … to ban culturally biased IQ tests against African-American children, too.

Broader Implications and Related Cases

Diana v. State Board of Education is part of a series of legal cases that have shaped special education and assessment practices in the United States. Other notable cases include:

Brown v. Board of Education of Topeka (1954): This landmark case ruled that separate educational facilities violated the 14th Amendment, which guarantees equal protection, and eliminated segregation.
Pennsylvania Association for Retarded Children (PARC) v. Commonwealth of Pennsylvania: This case established the right to free public education for children with intellectual disabilities.
Mills v. Board of Education: This case extended the right to education to all children with disabilities, regardless of the severity of their condition.
Larry P. v. Riles (1979): Argued IQ tests were used to diagnose African American students with Intellectual Disability (ID) for discriminatory purposes, leading to an overrepresentation of African Americans in special education classrooms in Northern California.

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Oberti v: A federal district court ruled that a self-contained special education class was not the least restrictive environment for a student with Down Syndrome.
Honig v.: This decision was concerned with extensive suspensions of students with emotional and behavioral disorders from school for aggressive behavior that the court determined was disability related.

IDEA and the Role of Intelligence Measures

The Individuals with Disabilities Education Act (IDEA) requires a measure of "general intellectual ability" to determine if a student is eligible for one of the 13 IDEA diagnoses. Two significant court cases quickly highlighted the difficulties of using IQ in education and special education placement decisions. Hobson v Hansen (1967) questioned the use of IQ to track students in Washington D.C., arguing this practice led to an over-representation of African American students in lower tracks compared to their White counterparts, violating the 14th Amendment . Similarly, Larry P. v Riles (1979) argued IQ tests were used to diagnose African American students with Intellectual Disability (ID) for discriminatory purposes, leading to an overrepresentation of African Americans in special education classrooms in Northern California. In both cases, the plaintiffs argued the IQ test available at the time was an inappropriate assessment to use on African Americans because it was standardized on an all-White sample. Moreover, they provided evidence that IQ performance was used as the sole assessment for these placements, which was in violation of educational policy and portrayed discriminatory intent. The courts agreed and emphasized the need for schools to base educational placement decisions on students’ individual, educational needs, nor could they rely on assessment data that served as proxies for race, ethnicity, and socioeconomic factors. In addition, both courts mandated the elimination of tracking in D.C. and over-representation of minorities in special education in California.

These diagnoses include Autism, Blindness, Deafness, Emotional Disturbance (ED), Hearing Impairment, Intellectual Disability (ID), Multiple Disabilities, Orthopedic Impairment, Other Health Impaired, Specific Learning Disability (LD), Speech, Traumatic Brain Injury, and Visual Impairment.

Current Challenges and Disproportionality

Despite the progress made through legal cases and legislation, challenges persist in ensuring equitable education for all students, particularly Latinx students in California. Disproportionality in special education, defined as the under/over-representation of racial/ethnic groups, remains a significant concern. In California, Latinx students represent more than half of the public school system population (54 percent). It should be noted that many Latinx students, but not all, are also considered English Learners. In California, 81 percent of English Learners speak Spanish at home. Notably, during the 2018-2019 school year, a total of 61 Local Educational Agencies were found significantly disproportionate (i.e., at least three years in a row) for Latinx students in special education. The majority of these LEAs were found significantly disproportionate in the area of Specific Learning Disability for Latinx students (CDE, 2020). Moreover, LEAs significantly disproportionate for Latinx students represented the second-highest number of districts identified as having significant disproportionality in the 2018-2019 school year, after districts with disproportionality for African American students.

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Root Causes of Disproportionality for Latinx Students

The convergence of language, culture, and academic ability results in complex possible root causes of disproportionality for Latinx students. Latinx students have become a minority-majority of students in California. One must consider the cultural experiences of Latinx students and the challenges associated with language acquisition for Latinx students who are learning English.

Emerging root causes across districts and geographical areas in California include:

Pre-referral process and data collection: There seem to be emerging trends in terms of areas of need for pre-referral processes (i.e., before a special education assessment) of children that might disproportionately affect Latinx children. One of these common trends is the need for consistent, culturally sensitive/culturally sustaining multi-tiered systems of support.
Deficit-oriented perspectives: While most teachers and staff deeply care about their students, there still exists a pervasive deficit-oriented perspective about Latinx students.
Building trusting relationships with students and families: Comments along the lines of: “Parents are working all the time to put food on the table, but they absolutely want the best for their children” suggest there is a need for building stronger school-family partnerships.
Systemic data errors: In our SPP-TAP work with school districts, we have found that school leaders report systemic data errors at the local and state level.

Addressing the Challenges

To reduce disproportionality and systemic inequities in special education, several strategies can be implemented:

Improving Pre-Referral Processes: Implement consistent, culturally sensitive, and sustaining multi-tiered systems of support. Examine the complex interaction of language acquisition, culture, and language to help mitigate disproportionality.
Combating Deficit-Oriented Perspectives: Promote an equity-minded approach that seeks to understand and address the reasons why students struggle. Provide training for general education teachers on how to better serve students who struggle and students with disabilities.
Building Stronger School-Family Partnerships: Engage all families and get to know them on a personal level to better understand the child as a whole. Recognize and understand cultural differences in parental involvement.
Fixing Data Errors: Correct data errors at the local and state levels to accurately measure disproportionality. Deconstruct the construct of Hispanic/Latinx for disproportionality within local contexts, differentiating between English Learners and Latinx/Hispanic students.
Professional development for general education teachers: Today in California, most general education teachers are expected to work with students with disabilities. There is a strong need for professional development for general education on how to serve students from various ability levels. Inclusive frameworks and training for general education teachers, such as Universal Design for Learning and multi-tiered systems of supports, can help address this need.

The Role of IQ Tests and Cultural Bias

The use of IQ tests in special education has been a subject of considerable debate. While IQ tests can provide valuable information about a student's cognitive abilities, they are not without limitations. Critics argue that IQ tests are often culturally biased and may not accurately reflect the abilities of students from diverse backgrounds.

Addressing Cultural Bias in IQ Tests

To address the issue of cultural bias, efforts have been made to develop IQ tests that are more culturally sensitive. These tests often include nonverbal assessments or assessments in the students' primary language. Additionally, test developers have worked to standardize IQ tests using diverse samples to ensure that they are fair to all students.

The Importance of Comprehensive Assessment

It is essential to use IQ tests as part of a comprehensive assessment process that includes multiple measures of a student's abilities. This may include observations, interviews, and other assessments that provide a more complete picture of the student's strengths and weaknesses.

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