The Implied Promise of a Guaranteed Education in the United States and How the Failure to Deliver it Equitably Perpetuates Generational Poverty – Race, Racism and the Law

 

Excerpted from: Anjaleck Flowers, The Implied Promise of a Guaranteed Education in the United States and How the Failure to Deliver it Equitably Perpetuates Generational Poverty, 45 Mitchell Hamline Law Review 1 (2019) (284 Footnotes) (Full Document)

AnjaleckFlowersThe United States is known as a country where anything is possible. Immigrants, foreigners, and citizens alike know what it means when someone says, “the American Dream”–that anything is achievable in the United States and that everyone has a chance to achieve their financial goals, regardless of their socioeconomic status. Abraham Lincoln, the sixteenth president of the United States and a former attorney, espoused this belief in his speech on March 6, 1860:

I don’t believe in a law to prevent a man from getting rich; it would do more harm than good. So while we do not propose any war upon capital, we do wish to allow the humblest man an equal chance to get rich with everybody else. When one starts poor, as most do in the race of life, free society is such that he knows he can better his condition; he knows that there is no fixed condition of labor, for his whole life. I am not ashamed to confess that twenty five [sic] years ago I was a hired laborer, mauling rails, at work on a flat-boat–just what might happen to any poor man’s son! I want every man to have the chance–and I believe a black man is entitled to it–in which he can better his condition–when he may look forward and hope to be a hired laborer this year and the next, work for himself afterward, and finally to hire men to work for him! That is the true system. Lincoln’s speech shows that the American dream should be a possibility for every person in the United States. Although this article focuses on impoverished individuals and the hardships in changing their predictable outcomes, one cannot discuss poverty without factoring in the element of race. Unfortunately, poverty and race often go hand in hand. This paper will also touch on how impoverished persons with disabilities– particularly those who are minorities–face challenges in breaking the chains of generational poverty under the United States’ current laws and unfunded educational system. These mostly invisible barriers impact impoverished students as early as preschool, in ways that affect these students’ pipelines to college opportunities and overall career earnings.

This article will show that although there is no constitutional right to education at the federal level, all states have mandated compulsory education for children. The Fourteenth Amendment and case law further support the notion that the United States has promised and expects states to educate children in an equitable manner. The United States Supreme Court came very close to declaring that education is a right in Brown v. Board of Education by stating that “[s]uch an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” Unfortunately, United States laws and policy have not financially and explicitly supported mandates under the law. Opportunity and education gaps for impoverished students exist at astounding rates in comparison to their non-impoverished peers. Laws, policy, resources–and an inquiry into how U.S. society views the idea of providing a thorough, well-rounded, and equitable education for all–can deliver the necessary changes to reduce the gaps. These factors have the potential to create pathways for every person to realistically have an opportunity to change their financial trajectory in life, regardless of where that person’s financial journey at birth begins.

This article will also examine the history of compulsory education law and share data that reveals educational inequities relating to poverty and inadequate resources necessary to fulfill the educational obligations under the law. Finally, this article will share the research-based practical solutions shown to help reduce the implications of adverse financial outcomes of impoverished students–solutions that provide alternatives to continuing the status quo of the current U.S. education system.. .]

Closing the achievement and financial gaps ultimately helps students in poverty–including minority students and students with disabilities–to end generational poverty. Providing these students with resources to get a quality education will help them build strong financial futures. Supporting future generations of students helps strengthen the nation in its entirety. As stated in Brown v. Board of Education,“[i]n these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.” This education must be one of quality, with standards of adequacy and minimum levels of achievement. Without education, the cycle of generational poverty simply repeats and perpetuates. Education must be the disrupter to interrupt and stop the pervasive cycle of financial disparity.

The income and achievement gaps are also signs of a bigger impact on quality of life. Sufficient and equitable education is a tool that can help everyone achieve a better quality of life. The U.S. education system may not be intentionally causing these disparities, but the U.S. education system must be intentional about bringing these disparities to an end.


Anjie Flowers currently works as the Deputy General Counsel for Minneapolis Public Schools.

Source: The Implied Promise of a Guaranteed Education in the United States and How the Failure to Deliver it Equitably Perpetuates Generational Poverty – Race, Racism and the Law

How Black Mothers Prepare Their Children for School – The Atlantic

An illustration of a black mother walking her son to school.
MIA COLEMAN
In observing her own family and others, Black has noticed a pattern: Behaviors that many black parents might consider annoying but developmentally appropriate, such as an ill-timed joke or talking back to an adult, are treated by school staff as cause for suspension. From there, students are pushed out of classrooms, lose learning time, and can end up in the school-to-prison pipeline. “It’s a totally different environment, a totally different culture,” Black said when we spoke in July 2018.

Black knows that her kids are not alone in their struggles at school. She works with the Black Organizing Project nearby in Oakland, where she offers peer-to-peer support to other black parents whose children are going through disciplinary proceedings. Black told me that many parents say their children behave as all children do, but wind up targeted by school officials because educators misinterpret these students’ actions, assuming the worst. Glaring, making noise, and violating the school dress code can all lead to suspension. The consequences are significant: When students are excluded from the classroom, they’re more likely to do worse academically, become truant, drop out, and eventually come into contact with the juvenile-justice system.

I heard similar concerns about the gap between home and school cultures when I interviewed dozens of black mothers for my book, We Live for the We: The Political Power of Black Motherhood. Many of us know about the disparities: Black students are more than three times as likely as their white peers to be expelled or suspended. Less frequently discussed are the strategies black parents use to prepare their children for schools where they might be perceived as threats or expendable misfits who aren’t core members of the community.

The mothers I spoke with were concerned about these disciplinary patterns. They were also worried about subtler ways black students are told they don’t belong in classrooms where the dominant culture, with its emphasis on obedience and hierarchy, is unlike the culture at home. These mothers talked about their efforts to encourage their children to question authority, speak freely, and express opinions—all things they valued—only to then watch as their children were reprimanded or even criminalized for doing so at school. They shared how nonblack peers would unexpectedly touch their children’s hair, making them feel violated and objectified. Some had placed their black children in predominantly white, suburban schools that offered strong academic programs, but that were limited by their own insularity and thus were unable to prepare black kids for the more racially and economically heterogeneous real world. Others felt that teachers had treated their children coldly, and were unable to see them simply as children.

I had many of those conversations around the time that I started taking my toddler—my first child—to a library story circle, a weekly sing-along, and other enrichment programs that were our earliest experiences of school-like environments. We were often the only family of color or one of few, and I began to think about the socialization that comes with schooling for black families of school-age children. The verb socialize means “to make suitable for society.” The word is typically understood as benign, but I wondered: What does it mean to encourage a child to become suitable for a society that isn’t really suitable for her?

Through my research, I learned that helping children survive and have positive experiences at school is another way in which mothering is different in black families. I came across a 1992 book titled Raising Black Children, co-authored by the psychiatrists Alvin Poussaint and James Comer. Poussaint consulted on The Cosby Show and was known as a kind of Dr. Spock within black communities in the 1980s and 1990s. In the book, the authors write, “Many black parents question and have mixed feelings about passing on the values and ways of a society that says in so many ways, ‘We do not value black men and women, boys and girls, as much as we do whites …’ The need to preserve our culture and community springs from a desire to maintain a real and psychological place, where we are accepted, respected and protected. For this reason we are concerned about whether ‘white psychology and child-rearing approaches’ will change us, hurt us, destroy our culture.”

For many white parents, the process of socializing their children is an unalloyed good, an uncomplicated part of child-rearing that poses no real threat. For the mothers I spoke with, immersing their children in a school’s culture meant hoping they’d get what they needed academically without sustaining too much damage to their sense of self.
As both an academic and a mother, Jacqueline Roebuck Sakho knows this balance well. She is a professor of educational leadership at Lewis & Clark College and has written extensively on school discipline; she also has six children, all of them black. Roebuck Sakho told me that she chose to send her children to public schools, even though she knew they would create challenges for her family. Her children are there to learn and participate, but they’re also there to question and transform negative aspects of their schooling. Roebuck Sakho’s children accept this as part of their work as student-activists, she said. When they come home with stories about factually questionable content in a lesson or a teacher’s dismissive behavior, the family has a conversation about how best to respond. Roebuck Sakho said she doesn’t want her children to absorb all the cultural norms introduced by educators. “I’m sending them to school to get a part of education,” she told me.

But conversations like those in Roebuck Sakho’s home aren’t happening everywhere. Parents of color are about three times as likely to discuss race with their children as are white parents, according to a 2007 study of kindergartners and their families in the Journal of Marriage and Family. Three out of four white parents in that study avoided talking about race entirely, according to Po Bronson and Ashley Merryman, whose 2009 book, NurtureShockhighlighted the research. White parents often believe that talking about race is itself somehow racist, and so communicate to their children that skin color doesn’t matter and that everyone is equal, Bronson and Merryman found. But even toddlers, with their brief experience of the world, can see that’s not true. When white parents leave kids to make sense of these contradictions on their own, without historical context or guidance on how to think about difference, classrooms are bound to become fraught spaces for black children.

Many parents I spoke with emphasized the role of peers in establishing and maintaining norms at school. When I interviewed Monifa Bandele, a Brooklyn-based community organizer and a senior vice president of the advocacy organization MomsRising.org, in 2018, her daughters were 16 and 19. The girls attended a Quaker school that in many ways aligned with the values the family embraced at home. But her daughters still had to learn to navigate what Bandele described as white-liberal racism, which tends to be practiced by progressives in denial of their own white-supremacist beliefs. Bandele and her husband were raised in families that organized against apartheid and created African-centered schools, so their children’s thinking around issues of race and power is well developed and generations in the making.

Bandele worries that her daughters’ sharp perception has at times left them exhausted from dealing with racism both outright and more subtle, but she’s also seen them take it in stride. “I can check you on this; then we can still work on the science project together,” she told me, giving an example of how one daughter has responded. “You shouldn’t touch her hair, and let’s get these projects done.”
Not all children so gracefully develop survival strategies that allow them to participate in predominantly white schools while also resisting and even transforming the culture. Aya de Leon directs Poetry for the People, an arts and activism program that’s part of UC Berkeley’s African American Studies Department. She said her students carry different types of burdens, depending on the type of high school they attended. “If you’re in a hood school, the harms are clear, and you know when they’re happening that you’re being harmed,” she said, and pointed to physical fights and subpar academic offerings as among the problems. “In these white environments, you’re being harmed, and you don’t even know it because you think there is something wrong with you. [You think] if only you could get these white people to like you,” then everything would be okay.

In her own journey as a parent, de Leon has chosen schools where her daughter can be surrounded by other black and brown children. De Leon was one of several mothers I interviewed who talked about the importance of curating and nurturing friend groups that provide their children with allies and positive reflections of themselves. “Going into the tween years, the beauty stuff is gonna hit hard,” she told me. “And when it does, I just need her to have brown girls around her.” Other families enroll their kids in after-school or community-based youth-development programs that provide lessons on the history of the African diaspora, trips to historically black colleges and universities, and other forms of cultural enrichment that their predominantly white schools do not.

My own daughter has just started preschool. I’m excited and feel I’ve done my due diligence in choosing a place that will value and support her. But I’ve also tucked away tips parents shared with me that may come in handy as she gets older. Maybe one day I, too, will need to tell my child to take pictures of her assignments before she turns them in, a safeguard against some teacher “losing” her work as a provocation or punishment. Maybe I’ll need to remind her that I’m always just a phone call away, and that she should never be the only child in a room of adults asking her questions that make her feel scared, embarrassed, or confused. Like generations of black mothers before me, I’ll think up ways to help my daughter feel safe and confident as she learns about this society and how to survive in it.

You should think about this article. Submit a letter to the editor or write to letters@theatlantic.com.

DANI MCCLAIN is the author of We Live for the We: The Political Power of Black Motherhood.

Source: How Black Mothers Prepare Their Children for School – The Atlantic

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The Autobiography Of Miss Jane Pittman author, Ernest J. Gaines, Dies at 86 : NPR

The son of sharecroppers, Gaines was born on a plantation in Pointe Coupee Parish, near Baton Rouge. He attended school for little more than five months out of the year. But that was more education than his family before him had received. He would say later in life that his ear for the stories of his elders was developed as he wrote letters for adults who couldn’t read or write.In the late 1940’s, at the age of 15, his family moved to the northern California city of Vallejo, about 30 miles north of San Francisco.

He told interviewer Lawrence Bridges that in California he could do something that had been forbidden in the South: visit a library. Gaines later attended San Francisco State University.

His early writing earned him a Wallace Stegner fellowship at Stanford University.Gaines returned to Louisiana in 1963, inspired by James Meredith’s bid to enroll in the then-all-white University of Mississippi. He took it as a sign that the South was changing and that he could be a part of that change.”As I’ve said many times before, the two greatest moves I’ve made was on the day I left Louisiana in ’48, and on the day I came back to Louisiana in ’63,” he would later tell an interviewer.

Source: The Autobiography Of Miss Jane Pittman author, Ernest J. Gaines, Dies at 86 : NPR

The Other Toni Morrison | Boston Review

Morrison though was also savvy enough to understand that this would not be enough to motivate Random House to publish her list. Aware that Random House was diversifying authors and readership and that a successful book is also a profitable one (or vice versa), in meetings Morrison pitched book sales over political ideology: “I was not going to . . . disrupt anything. . . . the books were going to make [Random House] a lot of money!”All the while that she was at Random House, Morrison was not only honing her own craft as a novelist, but also as an essayist and critic.

While her fiction unquestionably has transformed the terrain of how we understand black subjectivity—through her unparalleled storytelling about the trials, terrors, and triumphs of black women—her nonfiction (in addition to her editing) also contributed significantly to black freedom struggles.In 1971 Morrison contributed an op-ed to the New York Times called “What the Black Woman Thinks About Women’s Lib” that would presage not only her artistic commitment to the unique status of black women, but also her lifelong engagement with both the promise and shortcomings of feminism:What do black women feel about Women’s Lib? Distrust. It is white, therefore suspect. In spite of the fact that liberating movements in the black world have been catalysts for white feminism, too many movements and organizations have made deliberate overtures to enroll blacks and have ended up by rolling them.

Source: The Other Toni Morrison | Boston Review

Why America lost so many of its black teachers – Civil rights and wrongs

Why America lost so many of its black teachers

Before 1964 nearly half of college-educated African-Americans in the South were teachers

The share of black teachers in government schools nationwide has continued to decline: from 8.1% in 1971 to 6.9% in 1986 and 6.7% today—this during a period during which the black share of the population as a whole has risen to nearly 13%. There are a number of reasons for the decline, including an increased range of professional opportunities for African-Americans in other fields. But it is also true that desegregation accelerated a trend towards ever-greater teacher accreditation requirements that continued to disproportionately affect African-Americans.

When North Carolina raised its cut-off scores for the National Teacher Exam in the late 1970s, for example, it was associated with a 73% drop in newly licenced black teachers in the state between 1975 and 1982.While higher teacher accreditation standards reduce the number of black teachers, they have done little for students of any ethnicity: teacher licencing test scores are weakly related to outcomes for students. That helps to explain why Mr Hanushek found no significant gains in average test scores for American 17-year-olds tested between 1987 and 2017, and no further progress in closing the black-white test gap since the 1980s. The legacy of a discriminatory response to desegregation continues a half-century on, with limited benefit to children.

Source: Why America lost so many of its black teachers – Civil rights and wrongs

White People Need to Understand That Helping Is Not the Same as Controlling

He told me that White people need the humility to understand that helping is not the same as controlling. Not only should we not assume the lead, we must also possess and exercise the humility to be told what to do, what is best, what is right—and what is wrong.We need to help support communities gain the power to control their own destiny, not “help” them by assuming that control for ourselves.And we need to be honest.

IF WHO WE TRULY ARE DOES NOT ALLOW US TO TEACH, SUPPORT, CARE, LOVE AND FIGHT FOR BLACK AND BROWN KIDS, THEN WE NEED TO GO DO SOMETHING ELSE.

If who we truly are does not allow us to teach, support, care, love and fight for Black and Brown kids, then we need to go do something else.These were not easy things for me to hear. I was triggered, defensive and unsure. Which was precisely the reaction that demonstrated how comfortable I had been telling others what to do and how to be, but how little experience I, as a White man, had being on the opposite side of the conversation.

Source: White People Need to Understand That Helping Is Not the Same as Controlling

Seeing Red: A professor coexists with ‘MAGA’ in the classroom

“Thus, in that moment, I was unsure whether the student was directing a hateful message toward me or if he merely lacked decorum and was oblivious to how his hat might be interpreted by his black law professor. I presumed it was the former. As the student sat there directly in front of me, his shiny red MAGA hat was like a siren spewing derogatory racial obscenities at me for the duration of the one hour and fifteen-minute class.Being a law professor, I understand the complexities of academic freedom and free speech. I respect students’ rights to freely express their political beliefs and values within the framework of the law. Yet, at the same time, law schools are inherently institutions of professional training. Just as faculty and staff are required to maintain professional formalities to aid the training and matriculation of their students, it seems only logical that students, too, should maintain similar businesslike etiquette.But when students fail to live up to such professional expectations, what are the professors’ options? Although my position is at a private university, I understood that my lack of tenure, precarious status as a VAP and the hue of my skin meant that I would be fighting an uphill battle should I have asked the student to remove his distracting red hat during class. Surely, there must be protocol when African-American professors—whose presence is scarce in most law schools—find their authority defiantly undermined by an insensitive student.As my blood boiled inwardly, outwardly I remained calm. In an effort to assuage the perceived tension, I jokingly told the student, “I like your hat,” when he raised his hand to participate in class discussion. Without missing a beat, the student mockingly grinned from ear to ear and said, “Thank you.”

Source: Seeing Red: A professor coexists with ‘MAGA’ in the classroom 

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