Monday, June 29, 2009

Brown v Board of Education – Assignment # 1-June 30th, 2009
By: Peris Oribabor
The Brown v. Board of Education (1954) case was a landmark decision of the United Sates Supreme Court that dismantled the racial segregation in schools and other public facilities. The case overturned earlier rulings by going back to Plessey v. Ferguson (1896), declaring that state laws that established separate public schools for black and white students denied black children equal educational opportunities. However, when people think of the case, they remember a little girl whose parents sued so that she could attend an all-white school in her neighborhood while as the story of Brown v. Board is far more complex.
In 1950, in Topeka, Kansas, a black third grader named Linda Brown had to walk one mile to get to her black elementary school, even though a white elementary school was only seven blocks from her house. Her father had tried numerous times to enroll her in the all white school, but the principal of the school refused. Mr. Oliver Brown went to NAACP (National
Association for the Advancement of Colored People) to ask for help, the organization was eager to assist the Browns by challenging the segregation in public schools. In 1951, the NAACP requested an injunction that would forbid the segregation of Topeka’s public schools.
The case was heard in the U.S. District Court for the District of Kansas from June 25th to 26th in 1951. The NAACP argued that segregated schools sent the message to black children that they were inferior to whites. The Topeka Board of Education defense was that, because segregation in Topeka and anywhere else in United States pervaded many other aspects of life, segregated schools simply prepared black children for the type of life they would encounter during adulthood, and therefore, segregated schools were not necessarily harmful to black children. The school broad gave an example of successful African American such as Fredrick Douglas, Booker T. Washington and George Washington Carver that they were able to overcome segregated schools systems.
The court was put in a difficult position as they tried to reach their decision, but on the other hand the judges who participated in this case agreed with expert witnesses and they wrote that: “
Segregation of white and colored children in public schools has a detrimental effect upon the colored children…. A sense of inferiority affects the motivation of a child to learn”.

Even though the judges wrote about the effects of segregation to black children, when it came down to deciding about the case, Plessy v. Ferguson ruling in 1896, allowed separate but equal school systems for blacks and whites because no Supreme Court ruling had overturned Plessy v, Ferguson in all those years.
(
Plessy v. Ferguson- 1896- The U.S. Supreme Court in Louisiana law had mandated separate but equal accommodations for blacks and whites on intrastate railroads was constitutional).

No-one had tried to challenge the Pressy case before 1951, and therefore, the courts used Plessy v. Ferguson case to overturn the Brown v. Board of Education, the court felt compelled to rule in favor of the Board of Education.
Brown and the NAACP appealed to the Supreme Court in October 1, 1951. This time, the case was combined with other schools which wanted to challenged segregation; the appeal included schools in South Carolina, Virginia, and Delaware. The Supreme Court heard the case on December 9, 1952, but failed to reach a decision. Again, it was appealed and heard again in December 7-8, 1953 and based onU.S. Constitution 14th Amendment the courts came to a conclusion that desegregated schools deprived black children of equal protection of the law. Therefore, on May 17, 1954 Chief Justice Earl Warren read a unanimous Court decision with a vote of 9-0 stating that:
“We come then to the question presented: 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...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. [12]

The Supreme Court used the “Separate but equal” doctrine of Plessy v. Ferguson for public education, and ruled in favor of the plaintiff and this required the desegregation of schools across America. However, the ruling did not require desegregation by a specific time, but, as of May 17th, 1954 segregation was declared unconstitutional, and this was a giant step towards complete desegregation of public schools at the time.

What Brown v. Board of Education Accomplished:
1. It dismantled the legal basis for racial segregation in schools and other public places
2. Discrimination based on racial segregation violates the 14th amendment – which
guarantees all citizens equal protection of the laws
3.Brown v. Board of Education was not about children and education; it laid foundations for shaping modern

day national and international policies regarding human rights
4. Protection of people’s natural rights, which are recognized in the Declaration of
the Independence and guaranteed by the U.S. Constitution.

The Brown decision initiated educational and social reform throughout the United States and was a
catalyst in launching the modern Civil Rights Movement.

Table 1: A Comparison of Brown v. Board of Education to NCLB

Brown v. Board of Education

1.Gave every student in America a seat in
2. U.S. Supreme court Landmark ruling (1954)
3. Came out of the struggle for racial equality
and civil rights in America, and to improve the social economic
of African Americans and other minorities
4. It’s not based on a broad policy with roots in any social justice movement.
5.Achievements: Life Achievement
6. Law of the Land

NCLB
1.Guarantees each student an education
2. A bi-partisan landamrk education reform law designed to close achivement gap (2002). Supposed to offer the parents more options and teaching students what they are supposed to know by grade level
3. It's not based on broad policy with roots in any social justice movement
4. Achivements: Based on Test Scores
5. States Accountability


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