ABSTRACT
The last chapter showed that the Equal Protection Clause prohibits most race-and gender-based classifications by public schools, and that classification based on other characteristics may be justified if rationally related to legitimate government goals. This chapter considers some criteria that may sometimes justify or even mandate differential educational treatment: various types of disabilities, limited English proficiency, age, and educational aptitude. Unlike race and gender, these characteristics often are relevant to a student’s need for and ability to benefit from education, and, to the extent that they are, they may and should be the basis for the educational program that the student receives. With regard to students with disabilities or limited English proficiency, extensive federal and state legislation and regulations may require that a different and perhaps more extensive program be offered.
