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 differential educational treatment: namely, the various types of disabilities. Unlike race and gender, in some cases disability may be related to an individual’s need for, and ability to benefit from, education. If so, it may be the basis for a special educational program.
