Case Analysis - Issues of Race and Ethnicity

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Feb 20, 2024

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a. Description of the Situation : brief overview of the case and the relevant areas that are important. 1. Introduction to Race and Ethnicity Issues a. Issues with race and ethnicity have been occurring in the US Education system since the post Civil War years b. Issues with Race and Ethnicity is usually related to: i. Racial/Ethnic Discrimination ii. Racial/Ethnic Stereotyping iii. Efforts to maintain Affirmative Action c. What is Racial/Ethnic Discrimination? i. Race discrimination involves treating someone unfavorably because he/she is of a certain race or because of personal characteristics associated with race, such as hair texture, skin color, or certain facial features. (EEOC) ii. Racial/Ethnic Discrimination in the US → Segregation in Schools and Workplaces 1. Can lead to bullying/harassment d. What is a Racial/Ethnic Stereotype? i. A Racial/Ethnic Stereotype is a system of beliefs about typical characteristics of members of a given ethnic group or nationality, their status, society and cultural norms. (Wikipedia) ii. Stereotyping in schools/education setting 1. Can lead to bullying/harassment e. What is Affirmative Action? i. Affirmative action , in the United States, is an active effort to improve employment or educational opportunities for members of minority groups and for women (The Editors of Encyclopaedia Britannica) 2. Brief Timeline : (Briefly explain evolution of racial/ethnic issues in education in timeline form) a. 1899 - Cumming v. Richmond (Ga.) County Board of Education i. the Court refused to issue an injunction preventing a school board from spending tax money on a white high school when the same school board voted to close down a black high school for financial reasons b. 1927 - Gong Lum v. Rice i. the Court upheld a school's decision to bar a person of Chinese descent from a "white" school. c. 1935-1950 - Efforts of NAACP (National Association for the Advancement of Colored People) to eradicate racial discrimination in the Education System initially instated by the Jim Crow Laws (which decreed that blacks and whites

could not use the same public facilities, ride the same buses, attend the same schools, etc) i. Murray v. Maryland (1936) ii. Missouri ex rel Gaines v. Canada (1938) iii. Sweat v. Painter (1950) iv. McLaurin v. Oklahoma Board of Regents of Higher Education (1950) d. 1954-1955 - Brown v. Board of Education i. Series of 5 cases heard by the U.S Supreme Court in which “the main issue in each was the constitutionality of state- sponsored segregation in public schools” 1. Series of cases because supreme court was unable to “give direction for the implementation of its ruling” but finally proceeded with “all deliberate speed” on May 31, 1955 ii. Infamous Brown vs. Board of Education is turning point when US laws/policies drastically changed in favor of ending segregation in schools e. 1970s - (Hammond, 1998) i. end of legal segregation in schools ii. initiated efforts to equalize spending (made substantial difference for student achievement) f. 1990s - Unequal funding for students of color in urban settings vs. their suburban counterparts (Hammond, 1998) i. “schools with high concentrations of low-income and minority students receive fewer instructional resources than others” ii. “these policies leave minority students with fewer and lower-quality books, curriculum materials, laboratories, and computers; significantly larger class sizes; less qualified and experienced teachers; and less access to high-quality curriculum” g. Current Issues: i. Racial/Ethnic Disparities in: 1. Achievement Gap (grades, standardized-test scores, course selection, dropout rates, high-school graduation and college- completion rates) 2. Educational Opportunities a. Education Loans b. District/School funding 3. School Discipline a. Teacher/Administrative bias according to racial/ethnic diversity or poverty level i. Treating students differently ii. not believing all students have the ability to succeed b. Dilemma/Competing Issues (Identify the problem/dilemma.) The dilemma/competing issues could be a function of ethics vs. laws, ethics vs. institutional policies, or ethics vs. a community

norm; but most likely the tension will occur around the underlying moral principles of Autonomy, Non-malfeasance, Beneficence, Justice, or Fidelity. Include professional/community standards of practice as well as specific legal or ethical standards. Cite case-law and/or ethical references in the appropriate ethical or state statutes. Mendez vs Westminster 1947 “ state law never authorized school districts to segregate children of Mexican ancestry” ● Mexican Americans were mostly unaffected by the turmoil over the racial segregation of "Negroes, Mongolians, and Indians" in California’s public schools. The courts classed people of Mexican ancestry as racially "white." ● As more children of this ethnic group entered the public school system, Anglo parents in some communities called for separate "Mexican schools. ● A statewide survey in 1931 revealed that 85 percent of California schools segregated children of Mexican descent in either separate classrooms or schools. Rarely did these children receive an education equal to that provided to the other students in the community. ● School boards offered many reasons for segregating students of Mexican descent. Most of these students were American-born citizens. Supposedly, these children needed a special curriculum to learn English and become "Americanized." But underlying these educational reasons lurked a common prejudice that Mexican-American children were mentally inferior, lacked personal hygiene, and posed a health threat to white Anglo children. ● In addition, local school board members often believed that Mexican-American students would soon drop out to work in the fields and citrus groves. Thus, they thought that an equal education for them was a waste of taxpayer money. ● segregated school was not educationally justified or supported by state law For the first time in a federal court, Marcus put forth the argument that segregating K–12 students based on their nationality or ethnic background violated the 14th Amendment of the U.S. Constitution. This part of the Constitution prohibits states from denying "any person within its jurisdiction the equal protection of the laws." ● Also for first time, Marcus introduced evidence that segregating students because of their ethnic background harmed them. Marcus called upon a sociologist and an education expert to testify that segregating Mexican-American students hindered their learning of English as well as "American customs and ways. ● Educator Marie H. Hughes testified that "segregation, by its very nature, is a reminder constantly of inferiority, or not being wanted, of not being a part of the community." Counter Argument ● Ogle further justified the "Mexican schools" as necessary for "providing special instruction to students not fluent in English and not familiar with American values and customs." He insisted that these separate schools were equal to the white schools.

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Thus, he concluded, they were constitutional under California and U.S. Supreme Court rulings that upheld "separate but equal" schools. ● s African Americans and American Indians were intellectually inferior to their White peers because of heredity (see Valencia, 1997; Valencia & Suzuki, 2001). Within the framework of CRT, we can see how this dominant ideology of deficit thinking helped to legitimize the segregation of Mexican Americans and the resultant stratification of learning opportunities via curriculum differentiation for these students Results Their case became the first in which a federal court declared “separate but equal” schooling to be unequal ● he noted that the school districts typically assigned children with Spanish surnames to segregated schools regardless of their ability to speak English. ● Judge McCormick did not directly address the constitutionality of "separate but equal." Instead, he pointed out that state law did not explicitly provide for the segregation of the Mexican ethnic minority in the public schools. Thus, he ruled that the Orange County school districts, acting on their own, violated the "equal protection" rights of Mexican-American citizens. ● Judge McCormick also stated in his ruling that segregating children of Mexican ancestry "suggests inferiority among them where none exists." He ordered the school boards of Westminster and the other three districts to stop "further discriminatory practices" against the pupils of Mexican descent. c. Personal Values/Morals : Evaluate the rights, responsibilities, and welfare of all those affected by the situation. ● CRT, a form of oppositional scholarship, ‘‘challenges the experiences of whites as the normative standard and grounds its conceptual framework in the distinctive experiences of people of color ● He concluded that segregating these children for as long as eight grades actually made it more difficult for them to learn English. ● They testified, in English, about how they felt when they were required to attend a run-down segregated school with old school books discarded from the white school. ● Judge McCormick did not directly address the constitutionality of "separate but equal." Instead, he pointed out that state law did not explicitly provide for the segregation of the Mexican ethnic minority in the public schools. Thus, he ruled that the Orange County school districts, acting on their own, violated the "equal protection" rights of Mexican-American citizens. ● In the decades that followed, racial/ethnic isolation of schoolchildren became a normative practice in the Southwest, despite the fact that these states had no statutes by which they could legally segregate ● Equal Protection clause of the 14th Amendmen t the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. In other words, persons similarly situated must be similarly treated . (britannica) ● (Judge) Any violation of U.S. constitutional rights by state or local government bodies, he wrote in his decision, warranted federal court intervention.

● Years later, one of the Mendez children remembered the Hoover school as "a terrible little shack" that had no playground and was next to a cow pasture with an electrified fence. ○ Separate but equal act was violated, through horrible school conditions d. Generate potential courses of actions and their consequences : Describe the limitations associated with each. ● This decision shielded only children of Mexican ancestry from public school segregation in California under its current laws . ● Consequences: ○ Any state, including California, was still free to enact laws that segregated children based on their race or ethnicity in "separate but equal" schools. ○ Up until the 1960s - “most African-American, Latino, and Native American students were educated in wholly segregated schools funded at rates many times lower than those serving whites and were excluded from many higher education institutions entirely” (Hammond, 1998) e. Recommend a course of action (Both) : Define how your recommendation(s) is in the best interest of the student and satisfies the legal/ethical dilemma. ● According to the ASCA & Dahir and Stone, we must provide culturally responsive counseling by: ○ exploring their personal beliefs, attitudes and knowledge about working with diverse student populations ○ ensuring each student has access to a school counseling program that advocates for all students in diverse cultural groups ○ addressing the impact that poverty and social class has on student achievement ○ identifying the impact of family culture upon student performance ○ using data to close the gap among diverse student populations ○ practicing culturally sensitive advising and counseling ○ ensuring all students’ rights are respected and all students’ needs are met ○ consulting and collaborating with stakeholders to create a school climate that welcomes and appreciates the strengths and gifts of culturally diverse students ○ enhancing their own cultural competence and facilitating the cultural awareness, knowledge and skills of all school personnel ● Support increased awareness through “advocacy, networking, and resource utilization to ensure a welcoming school environment” (Lee) ○ Promotion of understanding and appreciation for ethnic/racial diversity in schools and the community ○ Through the curriculum of a school counseling program, school counselors can teach tolerance and address the issues of nonviolence and social justice on a regular basis. School counselors, collaborating with students and stakeholders, promote the success of all students by supporting “access, equity and educational justice” (Lee)

● A safe school environment promoting autonomy and justice and free from abuse, bullying, harassment and other forms of violence. (ASCA ethical Standards) References: Zhan, M. (2014). Education loans and college graduation: differences by race/ethnicity. Social Development Issues: Alternative Approaches to Global Human Needs , 36(2), 17–. Retrieved from https://search.proquest.com/docview/1655246265 Scharrer, E., & Ramasubramanian, S. (2015). Intervening in the Media’s Influence on Stereotypes of Race and Ethnicity: The Role of Media Literacy Education. Journal of Social Issues , 71(1), 171–185. Race Discrimination: U.S. Supreme Court Cases. (2017, July 21). Retrieved May 19, 2020, from https://civilrights.findlaw.com/discrimination/race-discrimination-u-s-supreme-court-cases.html Race/Color Discrimination. (n.d.). Retrieved May 19, 2020, from https://www.eeoc.gov/racecolor-discrimination The Editors of Encyclopaedia Britannica. (2019, May 01). Affirmative Action. Retrieved May 19, 2020, from https://www.britannica.com/topic/affirmative-action Ethnic Stereotype. (2020, April 06). Retrieved May 20, 2020, from https://en.wikipedia.org/wiki/Ethnic_stereotype Meatto, K. (2019, May 02). Still Separate, Still Unequal: Teaching about School Segregation and Educational Inequality. Retrieved May 20, 2020, from https://nyti.ms/2WodoQI Lee, C. (2001). Culturally responsive school counselors and programs: Addressing the needs of all students. Professional School Counseling, 4(4), 257-261. American School Counselor Association. (2016). Ethical standards for school counselors . Alexandria, VA: Author. American School Counselor Association. (2005) ASCA National Model: A framework for school counseling programs (2nd ed.). Alexandria, VA: Author. Dahir, C. A., & Stone, C. B. (2012). The transformed school counselor (2nd ed.). Belmont, CA: Brooks/Cole. Britannica Equal protection | United States law Constitutional Rights Foundation. (2007). Bria 23 2C Mendez v. Westminister: Paving the way to school desegreation. Retreieved May 20, 2020, from https://www.crf-usa.org/bill-of-rights-in- action/bria-23-2-c-mendez-v-westminster-paving-the-way-to-school-desegregation Valencia, Richard R. "The Mexican American Struggle for Equal Educational Opportunity in Mendez v. Westminster: Helping to Pave the Way for Brown v. Board of Education." Teachers College Record. March 2005.

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'We always tell our children they are Americans': Mendez v. Westminster and the beginning of the end of school segregation. Journal of Supreme Court History . Nov2014, Vol. 39 Issue 3, p307-328. 22p. 1 Color Photograph, 3 Black and White Photographs.

Case Analysis - Issues of Race and Ethnicity

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