1. PASE v. Hannon: The Larry P.
Case All Over Again – But Not
Quite
Sherwood Best, Ph.D.
Professor
CSULA
1

2. PASE
v.
Hannon
506 F. Supp. 831 (1980)
Argued January, 1980
Decided July 7, 1980
2

3. Terms
 EMH – Educably Mentally Handicapped. A
term used by school districts to assign
students with IQ scores in the borderland-
mild range to special classes. Not a federal
category. In California, the term EMR has
been used.
3

4. Background
 Placement into EMH classes began with referral
from general education, followed by assessment
& recommendation by a school psychologist.
 Illinois school code required classes for EMH
students who were defined as “children between
the ages of 3 & 21 years who because of
retarded intellectual development as determined
by individual psychological evaluation are
incapable of being educated profitable and
efficiently through ordinary classroom
instruction, but who may be expected to benefit
from special education facilities designed to
make them economically useful & socially
adjusted.” 4

5. Background
 A class action lawsuit was brought in US
District Court on behalf of all black
children in the Chicago school system who
were or might be assigned to EMH
classes against:
 Superintendent of Schools Joseph P. Hannon
 Members of the Chicago Board of Education
 Superintendent of the Illinois State Board of
Education
 Illinois State Office of Education
5

6. Issues
 Were black children being labeled as EMH
inappropriately & disproportionately due to IQ
testing?
 If so, did their placement in EMH classes
constitute discrimination?
 If so, were children being placed improperly and
stigmatized by the IQ tests?
 Were the 14th Amendment rights of the children
violated?
6

7. Applicable Law
 The Education of All Handicapped Children
Act (EAHCA) of 1975
 The Rehabilitation Act of 1973
 Title VI of the Civil Rights Act of 1964
 The Equal Education Opportunities Act of
1974
 The Equal Protection Clause of the 14th
Amendment of the US Constitution
7

8. Arguments - Plaintiffs
 The IQ tests measure a child’s “sharing of the
dominant white culture.” Poor performance denotes
nothing about the child’s intellectual functioning.
 Racial bias in IQ tests is shown circumstantially by
the fact that black children do not score as well as
white children on these tests.
 The use of IQ tests resulted in disproportionate
placement of black children into EMH classes that
stigmatized them, provided inadequate education,
& limited their skills.
8

9. Arguments - Defendants
 IQ tests measure the child’s current level of
abilities which correlate highly with his/her
prospects of succeeding in school. (academic
achievement)
 Diagnosis of mental retardation is not based
solely on IQ scores but on a combination of
relevant factors. (IQ not the sole determiner)
 The test under consideration is the Wechsler
Intelligence Scale for Children, or the WISC-R.
9

10. Judge’s Evaluations
 Judge Grady insisted on examination of the tests
itself, as well as other standardized intelligence
tests (Stanford Binet, WISC) to determine if, in
fact, the items on the tests were biased. He
provided the following example (paraphrased):
“Item 13 asks ‘What does the stomach do?’ The
acceptable answer focus on the function of the
stomach – digesting or holding food. It was
testified that many black children answer ‘It
growls.” Children who come from poverty
level homes do not have enough to eat. The
point seems well taken”.
10

11. Judge’s Evaluations
 Judge Grady proceeded with a point-by-point
evaluation of all disputed items on the WISC-R,
and came to the following conclusions:
 The test manual instructs examiners to give credit for
responses that are similar or better than those
identified in the manual.
 Some of the items identified as biased because they
would not be relevant to the black child’s environment
were not found to be any more related to a white
child’s environment than that of a black child.
 Some test items had a strong racial bias. An
example is the “fight” item: “What is the thing to do if
a child much smaller than you starts a fight with
you?”
 Judge Grady concluded that all but a few of their
items on their face appear racially neutral.
11

12. Judge’s Evaluation
 Judge Grady stated that the burden of proof to show
that tests are culturally biased fall on those who charge
that they are so.
 Defendant’s system for identifying children into EMH
classes involves several levels of investigation:
 First level is a problem in the classroom
 The school principal is informed by the
teacher
 The principal convenes a screening
conference, which includes the teacher, the
principal, & parents
 Other evaluations are suggested (including IQ
testing)
 Multidisciplinary staff conference convened to
decide placement 12

13. One Last Statement
 Judge Grady noted that the two plaintiffs
(Barbara and Angela), had, in fact, been
inappropriately assessed and placed into EMH
classes. They were, in fact, learning disabled. In
fact, a witness for the plaintiffs, a psychologist
who re-assessed both girl, testified that their low
scores on the WISC-R was due to visual &
auditory discrimination problems, and not any
cultural bias. The judge noted that the plaintiffs
did not realize that this evidence indicates that
the two class representatives do not have claims
which are typical to the class that they purport
to represent.
13

14. Holding
 The plaintiffs contention that IQ tests unfairly
discriminate against black children, that their
14th Amendment rights have been violated, and
that the tenants of the EAHCA have been
violated, is not tenable.
 Judge Grady found for the defendants and rules
that standardized IQ tests could remain one
aspect of assessment for placement in EMH
classes.
14

15. Dicta
 Several factors mitigate the situation of missing
items on the test:
 The importance of an individual item is lessened by
the fact that the child continues with the sub-test
until s/he has a certain number of consecutive
misses.
 Some objectionable items appear on the test at a
point of level of difficulty that a child in early school
years when the time of EMH placement is made is not
expected to reach anyway.
 The IQ score is not the sole determiner for EMH
placement.
 The examiner who knows the milieu of the child can
correct for bias by asking questions in a sensitive way.
15

16. Court’s Orders
 Chicago Public Schools were to continue the use
of IQ tests as part of a multi-level system of
assessment for special education placement.
16

17. Implications - Special Education
 EAHCA mandate of non-discriminatory &
multiple assessments had been in place
for 5 years at the time of the PASE case.
 Appropriate focus on special needs
children who are culturally/linguistically
diverse.
 LEAs that adhere to legislative mandates
can defend their policies.
17