Richard Ruiz: Education
Milestone
SPECIAL TO THE ARIZONA
DAILY STAR
May 16, 2004
Promise of landmark ruling
on segregation has yet to be fulfilled
By Richard Ruiz
http://www.dailystar.com/dailystar/relatedarticles/22193.php
On
May 17, 1954 - 50 years ago Monday - the Supreme
Court of the United States issued the landmark
decision we know as Brown v. Board of Education
of Topeka. This was actually a conflation of
four cases from four different jurisdictions:
South Carolina, Virginia, Delaware and Kansas.
The court considered that, while
obviously different in specific facts and
context, the four cases were characterized by a
common legal question: Does segregation 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?
The justices concluded,
unanimously, that it did.
In all of those cases, black
children had been denied access to the public
schools in their communities, schools attended
by white children, under penalty of state laws
that either permitted or required segregation by
race.
Previous Supreme Court decisions
had upheld the right of states to such denials
based on the principle that substantially equal
facilities for black and white children were
sufficient to provide equal protection of the
laws under the 14th Amendment. The court
explicitly rejected that argument in the Brown
case, concluding that "separate educational
facilities are inherently unequal."
Thus did the course of U.S.
public policy with respect to race and education
change. Or did it?
On the positive side, Brown
annulled the pernicious "separate but equal"
doctrine of the Plessy v. Ferguson case of 1896,
and started the country on a path toward the
formal elimination of race discrimination in all
areas of public life - not only schooling, but
transportation, public accommodation, funding,
health and welfare, and all other dimensions of
our society.
And yet, there are still
indications that the promise of Brown has yet to
be fulfilled.
Consider, first, that Brown was a
rejection of segregation in public education,
but it did not establish any positive law nor
did it say anything about how the decision was
to be implemented. That was to come a year later
on reargument, in the so-called Brown II
decision, in which the court stated that
remedies should come "with all deliberate
speed." But resistance to the decision was
widespread, often violent. Do we remember
Central High School in Little Rock, Ark. (1957)?
Ross Barnett, governor of Mississippi, blocking
the door to the registrar's office so that James
Meredith could not enter the University of
Mississippi (1962)? The civil rights movement of
the 1960s?
We also should be clear that
Brown was about black and white. This was the
salient distinction of the day, but it was, and
remains, an illusion. Homer Plessy, the center
of the 1896 case mentioned above, which Brown
overturned, was one-eighth black - for most
purposes indistinguishable as a black person.
Gong Lum v. Rice, a 1927 case that Chief Justice
Earl Warren also referred to in his Brown
decision, declared a Chinese girl to be legally
a "negro" for the purposes of the court.
Similarly, Indian and Mexican-American children
have been treated differentially by the schools
because of their status as not-white.
These and many other cases
demonstrate that race is a convention, a social
construction that has been used for the
convenience of social majorities and
bureaucrats. Beyond that, the fact is that none
of us is black or white; we are all different
shades. But nothing in the Brown decision itself
brought other groups closer to the principles it
promulgated.
How are other groups affected by
the principles espoused in Brown? As we
celebrate the 50th anniversary of Brown, we also
need to recognize another major anniversary, one
that provides at least a partial answer to our
question.
Lau v. Nichols was decided by the
Supreme Court 30 years ago in 1974. It relied on
the Civil Rights Act of 1964 (yet another
anniversary) to reverse a practice by San
Francisco schools that provided no educational
services to Chinese children that would allow
them to understand the language of instruction.
While Lau is often seen as mandating bilingual
education, it did not; it did, however, say
this: "There is no equality of treatment merely
by providing the students with the same
facilities, textbooks, teachers and curriculum;
for students who do not understand English are
effectively foreclosed from any meaningful
education."
This is a remarkable statement, a
major modification of Brown, and one that should
be instructive to us today with respect to the
education of all children, of all shades and
language groups. Do we foreclose meaningful
educational opportunities for children whose
language is not English by denying them access
to the curriculum in a language that they
understand? Are we acting in the spirit of Brown
when we pass legislation and initiatives that
effectively do just that?
Even as we celebrate Brown, we
should pause to ask ourselves these questions.
° Richard Ruiz is a
professor of language, reading and culture
and interim head of the department of
teaching and teacher education in the
College of Education at the University of
Arizona. He is also the director of social
justice of the American Educational Research
Association.
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