1 Teachers and The Law 7 th Chapter 14 Are Teachers and Students Protected against Racial Discrimination? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.
Copyright © Allyn & Bacon 2007 Key Concepts Are Teachers and Students Protected against Racial Discrimination? School Desegregation Racial Discrimination against Teachers and Staff
Copyright © Allyn & Bacon 2007 Chapter 14 Are Teaches and Students Protected against Racial Discrimination? Essential Question How does the impact of the courts and laws on racial discrimination affect students and teachers?
Copyright © Allyn & Bacon 2007 KEY TERMS- Chapter 14 KEY TERMS- Chapter 14 Freedom of Choice Plan (303) Racial Quotas (309) De jure (310) De facto (311) Substantial Portion (312) Title VI of the Civil Rights Act of 1964 (318)
Copyright © Allyn & Bacon 2007 Fourteenth Amendment “ No state shall...deny to any person within its jurisdiction the equal protection of the laws.”
Copyright © Allyn & Bacon 2007 Cases Plessy v. Ferguson Brown v. Board of Education
Copyright © Allyn & Bacon 2007 Brown vs. Board of Education (1954) “Segregation in public education has a detrimental effect upon colored children.. A sense of inferiority affects the motivation of the child to learn. Segregation…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 racially integrated school system.” (307) School Desegregation
Copyright © Allyn & Bacon 2007 Brown II “Schools must desegregate with all deliberate speed. The school authorities were given the primary responsibility to solve local educational problems, but the local courts were to decide whether school officials acted in good faith implementation of the governing constitutional principles..” ( 308) School Desegregation
Copyright © Allyn & Bacon 2007 Race & Schools Parents are not free to choose which schools their children will attend if their choices perpetuate segregated schooling “Freedom of Choice” All one race schools must not necessarily be eliminated. Mecklenburg Board of Education (1968-9) Swann (2000)
Copyright © Allyn & Bacon 2007 Cases Swann v. Charlotte-Mecklenburg Board of Education Green v. County School Board of New Kent County of New Kent County Freeman v. Pitts
Copyright © Allyn & Bacon 2007 Desegregation Plan “The district court must examine not only student assignment but also...every facet of school operations...faculty, staff, transportation, extracurricular activities and facilities…”Green v. County School Board New Kent County, Virginia
Copyright © Allyn & Bacon 2007 Desegregation Plan Good Faith Intentions “Incrementally Dissolved” Six Factors Racially Hostile Environment “ as one in which racial harassment is severe, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the recipient.” U.S. Department of Education ( 318)
Copyright © Allyn & Bacon 2007 Brown I and Brown II apply to teachers and Staff required: –“School Districts make a prompt and reasonable start toward full compliance...” –“District courts gave supervisory responsibilities to oversee school officials as they proceed with good- faith implementation to desegregate schools” –...established that Reduction in Force may still apply to minorities ( ) Racial Discrimination against Teachers and Staff
Copyright © Allyn & Bacon 2007 Cases Singleton v. Jackson Municipal Separate School District Milliken v. Bradley Wygant v. Jackson Board of Education
Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference
Copyright © Allyn & Bacon 2007 Singleton Principle “... if there is to be any reduction...or if there are any demotions, members to be demoted or dismissed, must be selected on the basis of objective and reasonable and nondiscriminatory standards from among all the staff of the school district.” (320) School Districts develop the criteria for dismissals or demotions. Faculty and staff have access to evaluations.
Copyright © Allyn & Bacon 2007 Affirmative Action “...Policies and Programs were created to overcome inequities suffered by racial and ethnic minorities and women.” (321) Programs included special assistance for veterans, poor, disabled, women and racial and ethnic minorities.
Copyright © Allyn & Bacon 2007 “...the Supreme Court, like a country as a whole, is deeply divided on the question of the constitutionality and desirability of affirmative action.” (325)
Copyright © Allyn & Bacon 2007 Chapter 14 Are Teachers and Students Protected against Racial Discrimination? How does the court continue efforts to apply the equal protection clause of the Fourteenth Amendment to the functioning of school personnel and to the integration of schools and school personnel?