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Implications of equal protection for K-12 students

Implications of equal protection for K-12 students.

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Topic:

Any topic (writer’s choice)

Type of paper:

Essay (any type)

Discipline:

Psychology and Education

Format or citation style:

APA

Pages:

Research the implications of equal protection for K-12 students within one of the following groups:

Classifications based on English language learners;
Classifications through ability grouping/tracking;
Classifications in academic programs based on gender;
Classifications in sports programs based on gender; and
Classifications to assign students to specific schools for racial balance.
In a 500-750-word essay, address the following for the group that you have chosen:

Summarize the factual background on how the students are classified;
Identify the legal issues presented by these classifications; and
Describe what equal protection requires.
Include at least five references in your essay. At least three of the five references should cite U.S. Supreme Court cases.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

Implication of Equal Protection for K-12 Students

In 1954 the United States Supreme Court interrupted the equal protection clause for its public schools in the fourteenth amendment (Brown, 2015). Since then America has been involved in the efforts in segregating her public schools. Although the effort to desegregate schools started in the year 1950s, it peaked in the late 1980s. The last phase of desegregation happened in 1990as the public schools had become more segregated (Brown, 2015). Due to many cases like the freeman vs Pitts, Jenkins vs Missouri, and many other cases the federal courts is increasingly withdrawing from desegregation involvement in public schools hence closing the chapter in American legal history. Many cases that placed a remedial obligation were to target the racial balance of their school populations. The paper will discuss the implications of equal protection for K-12 students in classification of assigning them to specific schools for racial balance.

Factual Background on how the Students are classified

The classification based on the racial balance in schools has been much fuel by the increasingly diverse society. For a child to understand one’s character it does not depend on their color, he/she must first interact with children of other different races (Anderson, 2014). However, recent attacks from the legal courts have threatened the ability of the district schools to use race as a factor. Although the recent Supreme Court decisions done in the University of Michigan affirmative action case helped to settle the implications regarding the use of race as a factor determine admissions in higher education, the debate has not been simmering done for K-12 public schools. But despite all the challenges some of the lower courts have upheld the policies and use race as a factor in the student placement in K-12schools (Anderson, 2014). The lower cases decision are based on the prior Michigan decisions where a divided court recognized that race can be considered in admitting K-12 students.  

Legal Issues Presented by these Classifications

Through the government interest of achieving diversity Grutter vs Bollinger case decision was made of using race as a factor used in admitting the higher education students. That is the reason many of the lower courts have applied the same principles to K-12 settings (Anderson, 2014). With all the cases that were presented in the courts none of them provided an adequate justification in using the racial classifications for desegregating public schools. One of the legal issues presented by this classification was the plaintiffs that asserted the obligation prohibited both de jure and de facto and the ethnic segregation of public schools. Although the assembly did not enact the legislation intended to cause de facto or de jure segregation, they took the initiatives rights to combat racial discriminations. Since 1970, the state supported moral obligation addressing consequences of ethnic and racial discrimination hence concentrated on the needs of urban schools children in promoting diversity in public schools. In addition, the legislature provided financial resources to the local schools helping in many aspects.

What Equal Protection Requires

Finally, a substantial classification of racial factor in the admission of the K-12 students brought many equal requirements that protected the children. One of them was the substantially equal education opportunity in accessing the public school education and should not be impaired by the racial and ethnic isolation (Anderson, 2014). However, racial and ethnic isolation makes deprivation of public school system from equal educational opportunity requiring the states to take further remedial measures. The equal opportunity also requires the socializing aspects in integrating schools on the basis Supreme Court decision. Schools re supposed to be sharing institution which impact the shared values through which the social stability and order are maintained. 

References

Anderson, M. J. (2014). Race as a Factor in K-12 Student Assignment Plans: Balancing the Promise of Brown with the Modoern Realities of Strict Scrutiny. Cath. UL Rev., 54, 961.

Brown, K. (2015). The implications of the equal protection clause for the mandatory integration of public school students. Conn. L. Rev., 29, 999.

Delgado, R., Stefancic, J., Perea, J. F., Harris, A. P., & Wildman, S. M. (2015). Race and Races: Cases and Resources for a Diverse America, -Table of Contents and Introduction.

Janiszewski, C. A. (2017). An analysis of charter school enrollments in New Castle County and potential implications for racial imbalance (Doctoral dissertation, University of Delaware).

Levinson, D., Cookson, P., & Sadovnik, A. (2014). BROWN V. BOARD OF EDUCATION. In Education and Sociology (pp. 87-94). Routledge.

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