Schools as Sorters: The Constitutional and Policy Implications of Student Classification

Abstract

During the past two decades, courts have sought to define with particularity the meaning (or, better, meanings) of equal educational opportunity.Only recently, however, have courts examined withinschool practices-ability grouping, special education placement, exclusion of "ineducable" children-which classify students on the basis of academic performance or potential.In this Article, Professor Kirp assesses both the plausibility of treating student classification issues in equal protection and due process terms, and the policy consequences of such treatment.