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The author seems to unnecessarily veer off into a more far-flung corner of the culture war debate. What's actually happened is that a math proficiency requirem
by wahern 5y ago
The author seems to unnecessarily veer off into a more far-flung corner of the culture war debate.
What's actually happened is that a math proficiency requirement for teacher certification in Ontario has been declared unconstitutional by an appellate court under a disproportionate adverse impact theory. Some quick Googling suggests that the Supreme Court of Canada opened the door to disproportionate impact several years ago. It'll be interesting to see if this ruling is upheld.
In the U.S. conservative and moderate judges have held the line against disproportionate impact. And it won't ever past muster in the Supreme Court anytime soon. Notwithstanding that reality, many U.S. progressive commentators talk as-if it's a firmly established legal theory here, which it's not.
Government policies do, of course, have disproportionate adverse impacts on many groups, often reflecting systemic bias. But elevating the theory to the point of permitting constitutional claims is... let's just say it poses extremely difficult problems and dilemmas.