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As you've described the proposal, this may be considered ability
grouping. K12 schools lost that battle in the courts years ago,
which is why they have ESL, LD, and even SPED students mainstreamed
in whole or in part. If your institution accepts federal funding
for its students (PELL grants), then it may well be under similar
restrictions.
In my previous life as a high school English teacher, my school
grouped the 8th graders by abilities in math and English and had
placement in classes by ability. It worked 1 year. The second
year, parents were showing up the second day to protest placement
of their children - wanting them into the advanced classes, out of
advanced classes, away from at risk students, placed as an at risk
student - it was a disaster. The 3rd year, the plan was abandoned,
and students were placed in English classes according to which one
was open, after sports, music, computers, and math were scheduled.
This could happen at your institution.
I'm not saying your proposal can't work; you know your students and
program and local area. I'm simply suggesting that it be reviewed
carefully by the admin, who have taken courses in educational law
before it be deployed. It needs to get that official stamp, and
you need to have the placement procedures part of the Policies and
Procedures of the institution. This is not only for the students'
protection, but also for the department and your own. You do NOT
want to retain a lawyer, and you can't trust the institution to
retain one for you.
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