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Bill 4154

                    Current Status

Bill Number:                      4154
Type of Legislation:              Concurrent Resolution CR
Introducing Body:                 House
Introduced Date:                  19990525
Primary Sponsor:                  Fleming
All Sponsors:                     Fleming
Drafted Document Number:          l:\council\bills\ggs\22362som99.doc
Date Bill Passed both Bodies:     19990601
Subject:                          School districts, Congress request to 
                                  enhance use of achievement grouping of 
                                  students in public classes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990601  Received from Senate
Senate  19990601  Introduced, adopted, returned
                  with concurrence
House   19990527  Adopted, sent to Senate
House   19990526  Committee report: Favorable            24 HIMR
House   19990525  Introduced, referred to Committee      24 HIMR


                             Versions of This Bill
Revised on May 26, 1999 - Word format

COMMITTEE REPORT

May 26, 1999

H. 4154

S. Printed 5/26/99--H.

Read the first time May 25, 1999.

To whom was referred a Concurrent Resolution (H. 4154), to memorialize the Congress of the United States to develop and enact, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

RICHARD M. QUINN, JR., for Committee.

TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO DEVELOP AND ENACT LEGISLATION THAT WILL ENHANCE THE USE OF ACHIEVEMENT GROUPING OF STUDENTS IN REGULAR CLASSES IN PUBLIC SCHOOLS.

Whereas, a review of scholarly literature in the field of education shows that grouping of students by achievement or ability is a widely used practice in basic courses such as English and math; and

Whereas, research shows that the major part of reading instruction in the elementary schools of the United States is carried on in groups; and

Whereas, federal courts in the 5th and 11th Circuits have held that the practice of achievement grouping is not, per se, unconstitutional; under proper circumstances, courts have approved the practice and, indeed, in some cases, courts have directed the use of special groups, particularly where concentrated remedial counseling is required to overcome language difficulties; and

Whereas, achievement grouping, according to experts, groups children, not on the basis of an intelligence test, but on the basis of their skill mastery of a subject at the time of the grouping, with all students in the group studying "common content". Achievement grouping is considered by experts to be far superior to ability grouping; and

Whereas, experts who testified in certain court cases opined that the socioeconomic background of the children, rather than race, determined the distribution of the children in the achievement groups; and

Whereas, the use of achievement grouping is seen as educationally sound, both in theory and in practice; and

Whereas, there are opportunities for movement between achievement levels during the school year; and

Whereas, the rule of law on achievement or ability grouping is set forth in a seminal case of the 5th Circuit where the court held that "... grouping, like any other non-racial method of student assignment is not constitutionally forbidden. Certainly educators are in a better position than courts to appreciate the educational advantages or disadvantages of such a system in a particular school or district. School districts ought to be free, and are, free to use such groupings whenever it does not have a racially discriminatory effect. If it does cause segregation, whether in classrooms or in schools, ability grouping may nevertheless be permitted in an otherwise unitary system if the school district can demonstrate that its assignment method is not based on the present results of past segregation or will remedy such results through better educational opportunities." Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring,

That the members of the General Assembly of South Carolina, by this resolution, hereby memorialize the Congress of the United States to develop and enact legislation that would enhance the use of achievement grouping of students in regular classes in public schools.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Denny Hastert, Speaker of the United States House of Representatives, to the President of the United States Senate, and to each member of the South Carolina Congressional Delegation.

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