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LULAC V. Richards: the Class Action Lawsuit That Prompted the South

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LULAC V. Richards: the Class Action Lawsuit That Prompted the South 1 LULAC v. Richards: The Class Action Lawsuit that Prompted the South Texas Border Initiative and Enhanced Access to Higher Education for Mexican Americans Living Along the South Texas Border A doctoral thesis presented By Ricardo Ray Ortegón to The School of Education In partial fulfillment of the requirements for the degree of Doctor of Education In the field of Education College of Professional Studies Northeastern University Boston, Massachusetts November 2013 2 Abstract This case study examined the trials and triBulations a predominantly Mexican- American community in South Texas went through to oBtain higher education opportunities for its residents. This study focuses on the LULAC v. Richards lawsuit and the South Texas Border Initiative. In 1987, the Mexican American Legal Defense and Educational Fund (MALDEF) filed a class-action lawsuit on behalf of the League of United Latin American Citizens (LULAC) and other Mexican American organizations and individuals. The lawsuit was filed against the State of Texas, claiming that higher education leaders discriminated against Mexican Americans living along the south Texas Border By not offering them the same access to higher education opportunities that were offered to residents in other parts of the state. The Texas Supreme Court ultimately heard the case and ruled unanimously against the plaintiffs. The plaintiffs were not successful through the justice system; however, many individuals acknowledge that the lawsuit served as a catalyst for the South Texas Border Initiative. The South Texas Border Initiative refers to a Body of legislation passed By the Texas Legislature that provided millions of dollars to support higher education for nine institutions located in south Texas along the Texas- Mexico border. By interviewing individuals involved with the events pertaining to this study and conducting extensive document analysis, this study examines why the lawsuit was filed, how the community pursued higher education opportunities, and how the south Texas region has Been impacted By these efforts. Keywords: Higher Education, Mexican Americans, South Texas, LatCrit, Latino/a, MALDEF 3 Acknowledgements “La educación, nadie te la quita.” This is something my mother said to me often. The English translation for this is “an education is something no one can take from you.” My mother, Elidia F. Ortegón, is no longer with us, But I want to thank and acknowledge her for Being such an inspiration to me and always encouraging me to pursue an education. She will always continue to inspire me. I want to thank the participants of this study for not only taking the time to meet with me to discuss these important events that Brought higher education opportunities to south Texas, But for their involvement in making things happen. Many of the participants were instrumental in getting higher education resources to south Texas, and their efforts have positively impacted the region for generations to come. I also want to thank Dr. Lynda A. Beltz, my advisor, for the guidance and support provided throughout the dissertation process, as well as my committee members, Dr. Kristal Moore Clemons and Dr. Milton A. Fuentes. My siblings (Veronica, Ruben Jr., Rolando and Cynthia), family and friends (too many to name here) also deserve recognition for all the love and encouragement provided throughout the years. And last But not least, I want to thank Jeff Salzman. I am so grateful for the love, support and encouragement he provides. 4 TaBle of Contents Abstract .......................................................................................................................................................... 2 Acknowledgements ................................................................................................................................... 3 CHAPTER 1: INTRODUCTION ............................................................................................................... 9 Purpose of the Study .................................................................................................................. 9 Statement of the ProBlem ........................................................................................................ 9 Significance of the Research Problem .............................................................................. 12 Advocating for Higher Education ....................................................................................... 14 Research Questions .................................................................................................................. 16 Theoretical Framework .......................................................................................................... 16 Critical Race Theory .................................................................................................. 17 Interest Convergence Principle ............................................................................ 18 Latino/a Critical Race Theory (LatCrit) ............................................................ 20 CHAPTER 2: LITERATURE REVIEW ................................................................................................ 22 Legal Cases Pertaining to Mexican Americans ............................................................. 23 Treaty of Guadalupe Hidalgo (1848) ................................................................. 23 Salvatierra v. Independent School District (1930) ........................................ 24 Mendez v. Westminster School District (1947) ............................................... 25 Hernandez v. Texas (1954) ..................................................................................... 26 Keyes v. School District No. One (1973) .............................................................. 26 Public Higher Education in Texas ...................................................................................... 27 Funding PuBlic Higher Education in Texas ..................................................... 28 Texas Higher Education State Systems’ Governance .................................. 30 Texas Higher Education Coordinating Board ................................................. 31 Closing the Gaps By 2015 ........................................................................................ 32 5 History of Higher Education in Laredo, Texas .............................................................. 37 Texas A&I University at Laredo ........................................................................... 38 Laredo State University ........................................................................................... 39 Texas A&M International University (TAMIU) .............................................. 39 Texas A&M University System (TAMUS) .......................................................... 40 Mexican American Legal Defense and Educational Fund (MALDEF) ................. 41 League of United Latin American Citizens (LULAC) .................................................. 42 South Texas Border Initiative .............................................................................................. 43 CHAPTER 3: RESEARCH DESIGN ...................................................................................................... 45 Research Methodology and Questions ............................................................................. 45 Case Study Approach ............................................................................................................... 45 Study Participants and Sites ................................................................................................. 46 Data Collection ........................................................................................................................... 49 Data Analysis ............................................................................................................................... 50 Trustworthiness ........................................................................................................................ 51 Confidentiality and Anonymity ........................................................................................... 52 Role of the Researcher ............................................................................................................ 53 Conclusion .................................................................................................................................... 54 CHAPTER 4: REPORT OF RESEARCH FINDINGS ........................................................................ 55 Introduction ................................................................................................................................ 55 The Participants ......................................................................................................................... 56 Timeline of Significant Events ............................................................................................. 59 Cases that Influenced the LULAC v. Richards Case ...................................................... 60 Rodriguez v. San Antonio ISD (1973) .................................................................. 60 Edgewood ISD v. Kirby (1989) ............................................................................... 63 6 LULAC v. Richards Case ........................................................................................................... 63 The Plaintiffs: Certifying a
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