It is known that, historically, the most common reason for categorizing students according to race has been to create or eternalize racially segregated schools. Prevalent race segregation in educational establishments in the United States of America existed from the colonial period and up to the twentieth century. The state or local school district has to show a compelling interest in its use of facially discriminatory racial classification because every race qualifies as a suspect class. It is also necessary to demonstrate that its procedures are closely tailored if it were to use race as the basis to segregate schoolchildren, advantage one student or another, or to deny equal educational opportunity.
Courts have usually supported the decisions related to grade placement, assignment to structural groups, and denial of promotion. Ability grouping presumably influences more efficient and efficacious teaching by permitting the teachers focus their efforts on students with similar necessities. Grouping according to achievement or ability is admissible, although there have been various challenges regarding the use of standardized intelligence and achievement tests that help distinguish the placement of pupils in classes and special education programs.
The first colleges and public schools mostly served only males, that is why classifications and discriminatory treatment in the public education system based on gender are considered to be very old. Gender equality in public schools has improved over the years, however, simultaneously, the classifications based on sex have restricted both the academic and out-of-class activities. Insulted parties frequently turn to federal courts in order to defend their personal rights. The Title IX prohibits educational recipients of federal financial assistance from discriminating, excluding, or denying benefits because of sex (McCarthy, Cambron-McCabe, Eckes, 2013).