Public Policy Analysis

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Racial Segregation in Public Schools
Brown v Board of Education
Warm Up

 During the time of segregation in the Deep South,
students of different races were not permitted to
attend the same schools. This was justified by the
idea of “Separate, but equal.”
 In your opinion, is “separate, but equal” even
possible? Explain your answer.
Background

 Thomas Jefferson was a champion of universal education for all
citizens, but to him and other founders of our country, black
slaves were not considered citizens.
 Jefferson saw the institution of slavery as evil, but he
continued to own slaves himself.
 Jefferson's own contradictory actions toward his slaves
represent the paradox that would describe race relations and
equality in education for African-Americans.
Plessy v. Ferguson - 1896

 Established the doctrine of "separate but equal." This concept
stated that separate public facilities of equal quality do not
violate the equal protection clause of the Fourteenth
Amendment of the Constitution.
 Amendment 14 - Section 1:
 All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and of
the state wherein they reside. No state shall make or enforce any
law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any state deprive any person of
life, liberty, or property, without due process of law; nor deny
to any person within its jurisdiction the equal protection of the
laws.
Taking it to court!

 Linda Brown was an eight year old black child who had to cross
Topeka, Kansas to attend grade school, while her white friends were
able to attend classes at a public school just a few blocks away. The
Topeka School system was segregated on the basis of race, and
under the separate but equal doctrine, this arrangement was
acceptable and legal. Linda's parents sued in federal district court on
the basis that separate facilities for blacks were inherently unequal.
 The Browns and other families appealed to the Supreme Court that
even facilities that were physically equal did not take into account
"intangible" factors, and that segregation itself has a deleterious
effect on the education of black children.
 Their case was encouraged by the National Association For the
Advancement of Colored People (NAACP) and was argued before
the Supreme Court by Thurgood Marshall, who would later become
the first black justice on the Supreme Court.
Identify the Problem:

 Issue before the court:
Does racial segregation of children in public schools
deprive minority children of equal protection of the
laws under the Fourteenth Amendment?
 Your upcoming research will either support or
disprove this claim.
Collect & Display Evidence

 Using Google, find 2 scholarly articles that address the negative
& positive effects of school segregation.
 Consider search terms:
 School segregation + negative + effects
 School segregation + positive+ effects
 Record your evidence in the following worksheet:
 available online:
http://www2.maxwell.syr.edu/plegal/ppa/worksheet2us.doc
Investigate Causes

 School segregation was a policy put in place in many southern states
after the Civil War.
 Southern whites worried that racial integration would deteriorate
their community values and they believed that the black community
was not worthy of equal benefits of citizenship.
 Using one of the following links, summarize the causes of school
segregation and Jim Crow laws.
 http://www.pbs.org/wnet/jimcrow/
 http://www.nps.gov/malu/forteachers/jim_crow_laws.htm
 http://www.britannica.com/EBchecked/topic/303897/Jim-Crow-law
Record causes of this social issue on this page:
http://www2.maxwell.syr.edu/plegal/ppa/worksheet3us.html
Court Ruling

 Supreme Court Ruling: The Supreme Court ruled
unanimously to end racial segregation in public
schools.
 Does segregation of children in public schools solely
on the basis of race, even though the physical
facilities and other "tangible" factors may be equal,
deprive the children of the minority group of equal
educational opportunities? We believe that it does.”
Rationale of Court

 The rationale of the Court's decision was based on the
dehumanizing effects of segregation:
 "Segregation of white and colored children in public schools
has a detrimental effect upon the colored children. The impact
is greater when it has the sanction of the law, for the policy of
separating the races is usually interpreted as denoting the
inferiority of the negro group. A sense of inferiority affects the
motivation of a child to learn. Segregation with the sanction of
law, therefore, has a tendency to [retard] the educational and
mental development of negro children and to deprive them of
some of the benefits they would receive in a racial[ly]
integrated school system."
th
14
Amendment

 The basis of the decision rests on the Equal Protection clause of
the Fourteenth Amendment, which applies the standard of
equality to the actions of the states as well as the Federal
government in a concept known in legal circles as
"incorporation." Warren wrote:
 "We conclude that, in the field of public education, the doctrine
of "separate but equal" has no place. Separate educational
facilities are inherently unequal. Therefore, we hold that the
plaintiffs and others similarly situated for whom the actions
have been brought are, by reason of the segregation complained
of, deprived of the equal protection of the laws guaranteed by
the Fourteenth Amendment."
Results of the Ruling

 The Brown case signaled the end of "de jure" segregation in the United
States, that is, segregation of public places that is mandated by law. Once
the Brown decision was handed down, the African-American community,
along with forward-thinking white Americans, placed sufficient pressure
on the legal and political system to bring an end to state-supported
segregation in all public facilities within twenty years through the Civil
Rights Movement, led by Dr. Rev. Martin Luther King, Jr. The nation paid
a high price for its moral conversion in the form of riots, assassination, and
additional government programs to enforce the Court's decision such as
court-ordered busing and affirmative action. Americans soon found that
Congress and the Courts were unable to change the attitudes of Americans
in respect to race relations. Certainly, America moved toward the ideals of
equality and justice in the public arena, but as seen in the race riots of the
1960s and the civil disturbances in Los Angeles in 1992, the inner life of the
nation is still resistant to change.
Critique the Policy

 After studying Brown v Board, critique the decision of the court
to end segregation in schools and deeming the notion of
“separate but equal” unconstitutional.
 Do you agree with the Court’s ruling? (your opinion)
 Use evidence related to positive or negative effects of segregation
in schools
 Use evidence from the results of the ruling on our society?
 Use the following questions to guide your analysis of the policy
enacted to rectify this social problem.
 http://www2.maxwell.syr.edu/plegal/ppa/worksheet4us.html
Reflection

 Race hatred and violence have not been completely eradicated since
the Brown decision. Indeed, another type of segregation can still be
seen in many schools and neighborhoods. It is known as "de facto"
segregation, and it results from prejudices and stereotypes that
separate our communities. Nevertheless, it was the Court's mandate
in Brown v. Board of Education that forced Americans to face each
other and determine if they were willing to live up to the ideals that
are written in the Constitution.
 In essence, this is the same dilemma that Jefferson faced in his time.
 What evidence can you gather that the United States has made
progress in its efforts to apply Jefferson's words that "all men are
created equal?" What evidence is there that this concept has not been
fully realized?
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