SCHOOL DESEGREGATION
HISTORICAL BACKGROUND...
Overview - Racial segregation sanctioned by law persisted in the United States until the 1950s and 1960s, when the courts took a firm position that separation of children based on race was constitutionally impermissible. Although the Fourteenth Amendment, passed in 1868, provided for equal protection under the laws, a majority of U.S. schools remained segregated. Until the mid to late 1960s most school boards held the view that separate but equal was acceptable, when in reality separate facilities for minorities were not equal to those for nonminorities. This view of separate but equal was reinforced by the 1896 Plessy v. Ferguson case, in which the U.S. Supreme Court held that a Louisiana statute providing for “equal but separate” accommodations for the white and “colored” races on passenger trains was not illegal. Plessy, a black passenger, had entered a coach designated for whites and refused to leave. He challenged the constitutionality of the law after he was arrested, claiming that discrimination on the basis of color violated the Fourteenth Amendment. The U.S. Supreme Court affirmed that Louisiana’s law was not discriminatory, thereby sanctioning the concept of separate but equal. Although this case did not involve schools, its decision established the legal basis for segregated public facilities that was embraced by most public schools (Essex, 2012, p.312).
Supreme Court Landmark Decision - In 1954, in the landmark Brown v. Board of Education case, the principle of separate but equal was struck down by the U.S. Supreme Court. Brown v. Board of Education arose when black children in Kansas, South Carolina, Virginia, and Delaware challenged state statutes requiring racial segregation in public schools. Each group challenged the laws in federal district courts on the basis that these laws violated the equal protection clause of the Fourteenth Amendment. Subsequently, each court affirmed that as long as school facilities for blacks were equal to those for whites, segregation was permissible. The U.S. Supreme Court granted certiorari. Plaintiffs argued successfully that segregated public schools were not and could not be made equal because they are separated from white facilities. The court examined the effects of separated facilities on children enrolled in public schools and concluded that separate but equal facilities are inherently unequal. Where the state undertakes to provide education, it must make it available to all persons on an equal basis. (Essex, 2012, p.312-13).
De Jure Segregation - Because the equal protection clause essentially covers state action, it prohibits state-endorsed discrimination. Racial segregation derived from the enforcement of law is called de jure segregation and is illegal and unconstitutional and does not exist today. Conversely, segregation or racial imbalance created by housing patterns independent of government influence is called de facto segregation and is generally deemed permissible. The following elements are usually present in cases involving de jure segregation:
1. It has been initiated or supported by government action
2. With an intent or motive to discriminate, and
3. The action must result in creating or increasing segregation. (Essex, 2012,
p.319).
NO CHILD LEFT BEHIND AND CIVIL RIGHTS
NCLB - Since the passage of NCLB reauthorized and amended the Elementary and Secondary School Act of 1965 (ESEA), there is a view that it is an integral component of the U.S. Civil Rights Movement, which focuses on equal educational opportunity for all children irrespective of race or socioeconomic status. However, the statute focused specifically on disadvantaged, high poverty, high minority students as well as students with disabilities. The statute directs states to define major racial and ethnic subgroups that have traditionally been underserved and focus their attention on improving academic achievement of these groups (Essex, 2012, p.322).
Unitary Status and Civil Rights - After years of fashioning remedies for segregated schools, school districts across the country are presently filing for unitary status, in which school officials are claiming that good faith efforts have been initiated to achieve desegregated schools; therefore, they should be relieved of court supervision. In another case involving unitary status, Freeman v. Pitts, the DeKalb County, Georgia, school system was cited for unlawful segregated schools in 1969 and placed under supervision by the court. The district implemented a variety of measures to achieve unitary status, then requested that judicial control be removed. A federal district court held that unitary status had been achieved to the extent practicable regarding student assignments, transportation, physical facilities, and extracurricular activities. However, unitary status had not been achieved regarding faculty assignments and resource allocation. The district court relinquished control in the four areas found to be unitary but retained control of the remaining two areas. On appeal, the U.S. Court of Appeals rejected the incremental approach and held that unitary status in some areas could not lead to relinquished judicial control until all areas under review were unitary. However, the U.S. Supreme Court reversed the court of appeals decision in holding that the incremental approach was constitutional (Essex, 2012, p.324).
Related Scripture - "So Peter opened his mouth and said: “Truly I understand that God shows no partiality, " (Acts 10:34 ESV)
Scriptural Significance - All are equal in the eyes of the Lord. No partiality, everyone loved the same and all receive his unending equal love. Now, if we could only do the same with the people we associate with in our lives.
Leadership Significance - Trying not to look through rose colored glasses at people may be a difficult task because of all the biases we each carry within us. But when it comes to handing out equality, teachers and administrators must be quick to act in favor of faith-based decision to give all students an equal chance at success.
Overview - Racial segregation sanctioned by law persisted in the United States until the 1950s and 1960s, when the courts took a firm position that separation of children based on race was constitutionally impermissible. Although the Fourteenth Amendment, passed in 1868, provided for equal protection under the laws, a majority of U.S. schools remained segregated. Until the mid to late 1960s most school boards held the view that separate but equal was acceptable, when in reality separate facilities for minorities were not equal to those for nonminorities. This view of separate but equal was reinforced by the 1896 Plessy v. Ferguson case, in which the U.S. Supreme Court held that a Louisiana statute providing for “equal but separate” accommodations for the white and “colored” races on passenger trains was not illegal. Plessy, a black passenger, had entered a coach designated for whites and refused to leave. He challenged the constitutionality of the law after he was arrested, claiming that discrimination on the basis of color violated the Fourteenth Amendment. The U.S. Supreme Court affirmed that Louisiana’s law was not discriminatory, thereby sanctioning the concept of separate but equal. Although this case did not involve schools, its decision established the legal basis for segregated public facilities that was embraced by most public schools (Essex, 2012, p.312).
Supreme Court Landmark Decision - In 1954, in the landmark Brown v. Board of Education case, the principle of separate but equal was struck down by the U.S. Supreme Court. Brown v. Board of Education arose when black children in Kansas, South Carolina, Virginia, and Delaware challenged state statutes requiring racial segregation in public schools. Each group challenged the laws in federal district courts on the basis that these laws violated the equal protection clause of the Fourteenth Amendment. Subsequently, each court affirmed that as long as school facilities for blacks were equal to those for whites, segregation was permissible. The U.S. Supreme Court granted certiorari. Plaintiffs argued successfully that segregated public schools were not and could not be made equal because they are separated from white facilities. The court examined the effects of separated facilities on children enrolled in public schools and concluded that separate but equal facilities are inherently unequal. Where the state undertakes to provide education, it must make it available to all persons on an equal basis. (Essex, 2012, p.312-13).
De Jure Segregation - Because the equal protection clause essentially covers state action, it prohibits state-endorsed discrimination. Racial segregation derived from the enforcement of law is called de jure segregation and is illegal and unconstitutional and does not exist today. Conversely, segregation or racial imbalance created by housing patterns independent of government influence is called de facto segregation and is generally deemed permissible. The following elements are usually present in cases involving de jure segregation:
1. It has been initiated or supported by government action
2. With an intent or motive to discriminate, and
3. The action must result in creating or increasing segregation. (Essex, 2012,
p.319).
NO CHILD LEFT BEHIND AND CIVIL RIGHTS
NCLB - Since the passage of NCLB reauthorized and amended the Elementary and Secondary School Act of 1965 (ESEA), there is a view that it is an integral component of the U.S. Civil Rights Movement, which focuses on equal educational opportunity for all children irrespective of race or socioeconomic status. However, the statute focused specifically on disadvantaged, high poverty, high minority students as well as students with disabilities. The statute directs states to define major racial and ethnic subgroups that have traditionally been underserved and focus their attention on improving academic achievement of these groups (Essex, 2012, p.322).
Unitary Status and Civil Rights - After years of fashioning remedies for segregated schools, school districts across the country are presently filing for unitary status, in which school officials are claiming that good faith efforts have been initiated to achieve desegregated schools; therefore, they should be relieved of court supervision. In another case involving unitary status, Freeman v. Pitts, the DeKalb County, Georgia, school system was cited for unlawful segregated schools in 1969 and placed under supervision by the court. The district implemented a variety of measures to achieve unitary status, then requested that judicial control be removed. A federal district court held that unitary status had been achieved to the extent practicable regarding student assignments, transportation, physical facilities, and extracurricular activities. However, unitary status had not been achieved regarding faculty assignments and resource allocation. The district court relinquished control in the four areas found to be unitary but retained control of the remaining two areas. On appeal, the U.S. Court of Appeals rejected the incremental approach and held that unitary status in some areas could not lead to relinquished judicial control until all areas under review were unitary. However, the U.S. Supreme Court reversed the court of appeals decision in holding that the incremental approach was constitutional (Essex, 2012, p.324).
Related Scripture - "So Peter opened his mouth and said: “Truly I understand that God shows no partiality, " (Acts 10:34 ESV)
Scriptural Significance - All are equal in the eyes of the Lord. No partiality, everyone loved the same and all receive his unending equal love. Now, if we could only do the same with the people we associate with in our lives.
Leadership Significance - Trying not to look through rose colored glasses at people may be a difficult task because of all the biases we each carry within us. But when it comes to handing out equality, teachers and administrators must be quick to act in favor of faith-based decision to give all students an equal chance at success.