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The Struggle of Blacks for Equal Educational Oppertunity: an Overview, 4 Hastings Const Hastings Constitutional Law Quarterly Volume 4 Article 7 Number 3 Summer 1977 1-1-1977 The trS uggle of Blacks for Equal Educational Oppertunity: An Overview Glynda Leanette Flentroy Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Glynda Leanette Flentroy, The Struggle of Blacks for Equal Educational Oppertunity: An Overview, 4 Hastings Const. L.Q. 605 (1977). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol4/iss3/7 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Struggle Of Blacks For Equal Educa- tional Opportunity: An Overview By GLYNDA LEANETTE FLENTROY* Introduction Parents, educators, social scientists, legislatures, and the courts have long been concerned with ascertaining what factors will ensure equal educa- tional opportunity for all students. Early studies postulated that educational quality was variously dependent on per pupil expenditures, institutional facilities, curriculum, and teachers. More recent studies, however, have focused on the freedom to attend the school of one's choice and the equitable distribution of society's resources, and have concluded that these factors may be the most significant which contribute to the attainment of equal educational opportunity. Accessibility to the school of one's choice provides the individual with psychological and physical mobility within the academic milieu, removes the implications of a caste system within American society, and liberates the individual's mind for further intellectual exploration. 1 A more equitable distribution of society's resources makes it possible for each individual to 2 maximize his or her innate capabilities. It is significant that Blacks seeking educational advantages traditionally have been deprived of both the freedom to attend the school of their choice and the opportunity to share equally in society's resources. 3 During the * Member, third year class. I. See generally Brown v. Board of Educ., 347 U.S. 483,494 (1954). See also E. FRAZIER, THE NEGRO IN THE UNITED STATES (1957); K. CLARK, PREJUDICE AND YOUR CHILD (1955); H. WITMER & R. KoTINSKY, PERSONALITY IN THE MAKING (1952); Deutscher & Chein, The Psychological Effects of Enforced Segregation: A Survey of Social Science Opinion, 26 J. PYSCH. 259 (1948). 2. Cohen. .Defininz Eaual EducationalOpportunity, 61 GEo. L.J. 847, 847-49 (1973). See also Michelman, The Supreme Court, 1968 Term, Foreword: On Protecting the Poor Through the Fourteenth Amendment, 83 HARV. L. REV. 7 (1969). "One is poor not because he has no money, but because, possibly owing to lack of money, he lacks also access to the social instrumentalities that make humanly significant action possible. In part, it is a simple matter of not having the price of admission." Id. (quoting Haworth, Deprivation and the Good City, in POWER, POVERTY, AND URBAN POLICY at 27, 39 (W. Bloomberg & H. Schmandt eds. 1968)). 3. In the United States in 1865 there were 5 million Africans, 95% of whom were illiterate. A. BALLARD, THE EDUCATION OF BLACK FOLK 9 (1973). As late as 1963, Attorney General Robert F. Kennedy pronounced that over -2,000 school districts in the South still HASTINGS CONSTITUTIONAL LAW QUARTERLY [Vol. 4 American era of slavery it was a criminal offense in the southern'region of the United States to teach Blacks to read and write. 4 Blacks were at that time regarded, by southern slave masters and northern abolitionists alike, as intellectually inferior to Whites. 5 After emancipation, the opposition to education for Blacks endured. White southerners feared circumvention of the system of serfdom they planned td impose on Blacks, while northerners had only a missionary interest in the ex-slaves. The attitude toward Black literacy was characterized by the phrase, "[a]n educated Black would be a 6 dissatisfied Black." Blacks continued their efforts to receive an adequate education in the South, and with the assistance of White missionaries and philanthropic7 entities, a network of primary and higher educational institutions arose. The source of funding, the faculties, and administrators, however, remained White. 8 Between 1865 and 1935 Black faculty and administrators sought to replace the White professors and presidents.9 Although Blacks were largely successful in these efforts, the educational policies remained under the 10 direction of Whites. It was difficult for Blacks to receive the most minimal11 education, and when acquired it was laced with discriminatory sentiments. Those racially discriminatory attitudes regarding Blacks and education con- stitute the foundation upon which the nation's segregated school system has been based. This note presents an overview of judicial treatment of separate schools for Blacks. It focuses on the emergence and shaping of desegregation plans, desegregation and its effect on the learning process, and the social and educational ramifications of desegregation. The effect that court decisions [operate) totally segregated school systems." Fleming, Brown and the Three R's: Race, Resi- dence, and Resegregation, in FROM BROWN TO BRADLEY 8, 11 (R. Browning ed. 1975). 4. L. BENNETT, BEFORE THE MAYFLOWER: A HISTORY OF THE NEGRO IN AMERICA (1619- 1964) 70 (reprinted 1968). 5. An abolitionist once remarked: "'[We may concede it as a matter of fact that [the Negro race) is inferior; but does it follow therefore that it is right to enslave a man simply because he is inferior? This, to me, is a most abhorrent doctrine . (as) it would place those who are deficient in intellect at the mercy of those gifted in mental endowment.' "A. BALLARD, THE EDUCATION OF BLACK FOLK 10- 11 (1973). 6. Id.at 12. 7. Id. at 13. 8. Id. 9. Id. at 13-14. 10. Id.One of the White missionaries responsible for the creation of Black industrial training colleges, General S.C. Armstrong, expressed the sentiments that the African "is capable of acquiring knowledge to any degree and, to a certain age, at least, with about the same facility as white children; but lacks the power to assimilate and digest it. .He is a child of the tropics, and the differential of race goes deeper than the skin." Id. at 13 (quoting H. BULLOCK, A HISTORY OF NEGRO EDUCATION IN THE SOUTH 76 (1967)). As Ballard states, Armstrong "regarded Blacks as childlike, lazy, slothful, and in need of the most rigid and civilizing discipline. Most of those who funded Black education in the South shared this assumption." Id. at 13. 11. Id. Summer 1977] EQUAL EDUCATIONAL OPPORTUNITY have had on Blacks and their communities is analyzed with regard to disproportionate busing, closing of Black schools, ability tracking in deseg- regated schools, suspensions and expulsions in desegregated schools, and displacement of Black principals and teachers. Finally, the note appraises new, more logical, and equitable directions for the education of Blacks, emphasizing alternative schools and the restructuring of school finance plans. I. Judicial History of School Desegregation A. From Roberts (1850) to Brown I (1954) One of the earliest school segregation controversies the courts were called upon to decide was Roberts v. City of Boston,12 a case that involved a Black child's request to attend one of the several White schools close to her home. Boston was divided into twenty-one school districts, two of which were specifically designated for Black children of primary school age. One of the regulations governing the Boston school board's operations contained a provision that each applicant of suitable age and qualifications be admitted to the school nearest his or her residence. The plaintiff, accordingly, applied to the school nearest her home. She was refused admission, and her father brought suit under a state statute that permitted any child unlawfully ex- cluded from the public schools to recover damages from the city that supported those schools. 3 The Massachusetts Supreme Court focused on whether the child had in fact been "excluded." Since there were two Black schools available to her within the district, the court determined that she had not been excluded within the meaning of the statute even though it meant traveling past five White primary schools to reach the Black schools and even though the board's denial of admission was in violation of Boston's school admission regulations. The court explained that the board had the authority to classify and distribute pupils whenever it was in the best interests of those pupils and the welfare of society.14 Hence, in the absence of an abuse of discretion, the board's decisions were conclusive and separate schools for Black children did not violate their constitutional rights. The separation of the races, both in education and other areas of life, continued to exist and was in fact given legal authorization by the United States Supreme Court in Plessy v. Ferguson.15 A Louisiana statute 16 pro- vided that railway companies that furnished passenger transportation must supply separate but equal accommodations for Blacks and Whites. Plessy maintained that separate but equal accommodations were unconstitutional 12. 59 Mass. 198 (1849). 13. Id. at 199. 14. Id. at 208. 15. 163 U.S. 537 (1896). 16. LA. REV. STAT. ANN.
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