POS500 Equal Protection and Public Education Essay
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Grand Canyon University *
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POS-500
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Law
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Jan 9, 2024
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Classifications to Assign Students to Specific Schools for Racial Balance
When it comes to assigning students to specific schools for the purpose of achieving racial
balance, it involves implementing classifications based on race as a means to promote diversity
and equal educational opportunities. This practice has been the subject of much debate and has
been addressed in several court cases (Brown v. Board of Education, Milliken v. Bradley, and
Plessy v. Ferguson) throughout history. The aim of these classifications is to create a more
inclusive and equitable educational environment, where students from different racial
backgrounds can learn and grow together. However, the use of racial classifications in school
assignments has faced legal challenges, with arguments centered around issues of discrimination,
equal protection, and the potential for perpetuating stereotypes. In this essay, we will explore the
complexities, arguments, and legal implications surrounding the use of racial classifications in
assigning students to specific schools for the purpose of achieving racial balance.
Over time, we have seen that there is a racial imbalance in public schools. We have seen
student classification and placement as something that is incorrect, which causes parents and a
very little number of school representatives (teachers, counselors, principles, etc.) to fight for this
to be corrected. Yes the court case Brown v. Board of education of Topeka came to the decision
that, “Separate educational facilities are inherently unequal,” which was and still is a big
triumph, but the education given to students not of Caucasian descent, mostly individuals of
color, are not fair (Films Media Group, 2004). The education given to them is more similar to the
court case Plessy v. Ferguson which is parallel to education and was decided that,
"all railway
companies carrying passengers in their coaches in this state, shall provide equal but separate
accommodations for the white, and colored races, by providing two or more passenger coaches
for each passenger train, or by dividing the passenger coaches by a partition so as to secure
separate accommodations,” (Oluwole and Preston, 2019). I believe that students of color are
treated this way when it comes to education in all areas; providing them to tools to excel,
providing the tutoring to excel, providing necessary information to excel, etc. Students are
classified by who have wealthier parents, better resources, better resources to student
preparation. When discrimination is mentioned, parents and students are deferred, or their case is
not taken seriously. An example of this is in the document
Yearbook of Education Law
, a mother
and student were in process of suing the school and, “…the court upheld the order that the
parents failed to present a Title VI claim for student-on-student discrimination,” due to the
parents’ accusation not being supported properly (
Yearbook of Education Law, 2021
).
In other cases, the lawsuit was placed in the school’s favor because of the parent’s or student
not reporting the discrimination in a timely manner, etc. The legal issues presented by these
classifications is to assign students to specific schools for racial balance relate to potential
violations of equal protection under the law. This means that using race as a determining factor in
school assignments can be seen as discriminatory and may infringe upon individuals’ rights. The
Supreme Court has emphasized the need for a compelling government interest and narrowly
tailored means when considering race-based classifications. It's important to ensure that any
classification system is fair, transparent, and does not disproportionately disadvantage any racial
or ethnic group. Legal experts should be consulted to navigate these complex issues and ensure
compliance with applicable laws and regulations. You would think that what was previously said
would be the case, but it's not. Racial balance is everywhere, and we must make sure that we are
handling it if it comes to our homes first.
Equal protection requires that all individuals are treated equally under the law, regardless of
their race or ethnicity. When it comes to racial balance in education, equal protection means that
students should not be assigned to specific schools solely based on their race. Any classification
system or policy aimed at achieving racial balance must have a compelling government interest
and use narrowly tailored means that do not discriminate against any racial or ethnic group. It's
crucial to ensure fairness, transparency, and equal opportunities for all students, while also
respecting the legal principles of equal protection. I believe that equal protection begins with the
14
th
amendment. The 14th amendment grants everyone equal of the laws, which does not happen
for people of color in education, and in life. According to
Films on Demand
in their 14
th
amendment video it was said that, “…The story of America is really the story of a struggle for
inclusion. A struggle for equality. For fairness,” and I agree (Films Group Media, 2013). Do you?
“The 14
th
amendment is not a blanket guarantee of equality. History has shown that our
government draws distinctions between different groups of people all the time, and treats the
unequally,” (Public Broadcasting Service, 2013). This has been shown since the beginning of
time. It is still placed on every aspect of life for people of color but has evolved in a more
somewhat silent way. The government applies racial balance in education and can be protected
when everyone realizes what is happening is not just. This can be amended by placing the same
value and resources given to individuals that are not of color, to the students who are of color.
Once this happens there will be no equal protection, because people of color are just seen as a
number to keep the schools running. Not as students who are there to learn. Not as future
doctors, lawyers, etc. When do you think the government will come to their senses and fix the
problem they have created?
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References:
Dryden, J., & Schulewitch, A. (2021). Chapter 3: STUDENTS: Discrimination.
Yearbook of
Education Law
, 58–65.
https://lopes.idm.oclc.org/login?
url=https://search.ebscohost.com/login.aspx?direct=true&db=ehh&AN=155306203&site=ehost-
live&scope=site
Films Media Group. (2004).
Black/white & Brown: Brown V. The Board of Education of
Topeka
.
Films On Demand
. Retrieved August 10, 2023, from
https://fod.infobase.com/PortalPlaylists.aspx?wID=96349&xtid=40082
.
Films Media Group. (2013).
Created equal: Constitution Usa with Peter Sagal
.
Films On
Demand
. Retrieved August 10, 2023, from
https://fod.infobase.com/PortalPlaylists.aspx?
wID=96349&xtid=58629
JOSEPH O. OLUWOLE * and PRESTON C. GREEN III ** (2019). ARTICLE: RIDING THE
PLESSY TRAIN: REVIVING BROWN FOR A NEW CIVIL RIGHTS ERA FOR MICRO-
DESEGREGATION.
Chicana/o Latina/o Law Review, 36,
1.
https://advance-lexis-
com.lopes.idm.oclc.org/api/document?collection=analytical-
materials&id=urn:contentItem:5VRJ-SHC0-00CV-G0XD-00000-00&context=1516831
.
Public Broadcasting Service. (2013).
CONSTITUTION USA WITH PETER SAGAL Equal
Protection - part II
.
PBS
. Retrieved August 11, 2023, from
https://www.pbs.org/video/constitution-usa-peter-sagal-equal-protectionpart-ii/
.