Public Policy Analysis 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."

14th 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?