[Significant Issues in Education-Law.] Inequality in Education, Number 17

DOCUMENT Rum ED 102 224 UD 014 463 AUTHOR Hall, Leon; And Others T ITLV [Significant Issues in Education- Law.] Inequality in Education, Number 17, June 19/4. INSTITUTION Harvard Univ., Cambridge, Mass. Center for Law and Education. SPONS AGENCY Office of Economic Opportunity, Washington,D.C. :515B DATE Jun 74 NOTE 66p. EDRS PRICE MF-$0.76 HC-$3.32 PLUS POSTAGE DESCRIPTORS Compensatory Education Programs; Discipline Policy; *Educational Opportunities; *Educational Problems; *Federal Programs; *Institutionalized (Persons); *Legal Problems; Program Administration; Racial Discrimination; Remedial Instruction; School Integration; Socioeconomic Status; Southern Schools IDENTIFIERS Elementary Secondary Education Act Title I; ESEA Title I ABSTRACT This issue of Inequality in Education deviates from the usual format of in-depth discussion ofa particular topic to include reports on a variety of significant issues in education-law. Leon Hall summarizes the numerous experiences he has had with Southern desegregated schools and students and relates his conclusions about how desegregation is actually proceeding inthe South. In "Remedying Failure to Teach Basic Skills," GershonM. Ratner offers some preliminary thoughts on ways legal services attorneys might address the problems of the large percentage of children who are not taught adequately to read and write.R. Stephen Browning and Jack Costello, Jr. follow theprogress of Title I of the 1965 Elementary Secondary Education Act from its inception to the present in their analysis of how and why federal funds designatedfor poor and disadvantaged students continue to be illegally allocated and illegally spent. "The Equally Good Off, The Equally Bad Off,"by Thomas J. Cottle reveals the effects of economic and educational tracking on two young students from different backgrounds. Finally, Theodore E. Lauer depicts the lack of "Education for Institutionalized Childrenif and discusses the necessary examination of the incarceration process which must precede any improvement in the education offered to juvenile offenders. (Author/JM) U v..14!vi ., 71, rit At. :oaf INEQUALITY IN EDUCATION 01_ ,101 k1 VW EXA rf Number Seventeen June 1974 -! (. , . ; .1Pt../ ' k A Center for Law and Education Harvard University BEST COPY MIME . CZ) t C=i ......._ .., .?.. = ,.. A .,, ,.....,...., ,..., ,...._ , aa,/ Ape; -rf A Photo by Deborah Fetnitold INEQUALITY IN EDUCATION Number Seventeen, June 1914 Published by the Staff Center for Law and Education Editor; Leah Levy Harvard University, Larsen Hall Editorial Assistant: Kimberly Ersted 14 Appian Way Circulation: JoAnn Vigil Combt idge, Massachusetts 02138 Back Issues: Charles Fleischmann inequality in Education is published quarterly and is distributed for an annual subscription feu of$6.00. The Center for Law and Education was established by Harvard University and the United States Officeof Economic Opportunity to protect and advance the legal interests of the poor through research and action on the legal implications of educational policies, particularly thoseaffecting equality of educational opportunity. Acting Director: Hobert Pressman Contents 3 Introduction Leon Hall 5 School Desegregation: (A (Hollow?) Victory Gershon M. Ratner 15 Remedying Failure to Teach Basic Skills R. Stephen Browning and Jack Costello, Jr. 23 Title I: More of the Same? Thomas J. Cottle 46 The Equally Good Off, The Equally Bad Off Theodore E. Lauer 61 Education for Institutionalized Children 59 Notes and Commentary 67 Publications from the Center The research reported herein was performed pursuant to a grant from the Office of Economic Opportunity, Washington, C 20506 The opinions expressed herein are those of the authors and should not be construed as representing the opinions or policy of any agency of the United States Government. 2/INEQUALITY IN EDUCATION Introduction This issue of Inequality in Education deviates fromour usual fqrmat of indepth discussion of a particular topic to include reportson a variety of significant issues in education law. It is hoped that the "samplings" will stimulategreater thought and focus attention on these often overlooked critical education matters. Leon Hall summarizes the numerous experiences he has hadwith Southern desegregated schools and students and relates his conclusions abouthow desegregation is actually proceeding in the South. In "Remedying Failure to Teach Basic Skills,"Gershon M. Ratner offers some preliminary thoughtson ways legal services attorneys might address the problems of the large percentage of children whoare not taught adequately to read and write. R. Stephen Browning and Jack Costello, Jr. followthe progress of Title I of ESEA from its inception to the present in their analysis ofhow and why federal funds designated for poor and disadvantaged students continueto be illegally allocated and illegally spent. "The Equally Good Off, The Equally Bad Off" by Thomas J. Cottle revealsthe effects of economic and educational trackingon two young students from different backgrounds.Finally,TheodoreE.Lauerdepicts the lackof"Educationfor institutionalized Children" and discusses thenecessary examination of the incarceration process which must precede any improvement in the education offered to juvenile offenders. i;a1 3 SCHOOL DESEGREGATION: A (HOLLOW?) VICTORY SOME REFLECTIONS by Leon Hall In the long run, our aim isnot a probh,ri America has faced. As enunciated by society composed of people whoare FredricK Douglass in 1881 and echoedtwenty alikebut one which recognizes the years Later by W.E.B. DuBois: "The problem of individuality of each man and permits the 2Gth Century is the problem of the color. him without penalties to express the line."2 difference of his personality and his Central to the South's response has beenan heritageinhis own way. Properly attitude once expressed to me by a white Georgia speaking,therefore,notintegration fanner: "We will move as slow as possible," he but equality is our genuine objective.I said, "and as fast as necessary." This attitude in general is deplorable enough, but when it is held From my standpoint today, Iam convinced by persons in control of public institutions, it is thatBlacks and decent white Southernersare sure to breed tragic consequences. victorious in their twenty year struggleto deseg Beginning withthe Brown v. Board of regate public elementary and secondary education. Education3decisionin1954 andcontinuing We are the holders of a victory that parallelsthe through countless other major court decisions, the Union victory in the Civil War. And I think the legal victors have been the plaintiffs, Black parents reactions of many present Southerners in regardto and children throughout the South. The major losing the war of school desegregationare identical efforts to both block and implement the Brown to those of their forefathers upon losing the Civil decision for the past twenty years have been in the War. South where school desegregation was de jure. Though they clearly had lost the Civil War, Brown stated that schools should desegre- many Confederates continued their fight. When gate "with all deliberate speed," but allowed for the war of guns and bullets was over, the South limited delays if a school board could "(el stablish launched an active and psychologicalwar through that such time is necessary in the public inter- enactment of Ku Klux Klan terrorism and Jim est."4 School officials who opposeddesegregation Crow Laws; to this day many Southerners holdan seized upon the language of the court and for undying belief that they will "win." But, for all its some time were quite effective in delaying the tragic legacy, the South has been pushed harder desegregation process. Many refused to develop and farther than any other region of this country desegregation plans at all; those who did respond toward dealing with what is perhaps the greatest with "plans" tried to show why the schools could not be desegregated. Leon Hall is Director of the School Desegre- In 1964 the Supreme Court served notice, in gation Project, Southern Regional Council. This Griffin v. County School Board of Prince Edward article is based on a speech delivered at "The County, Virginia, that such delays were no Innger Children of the South: School Desegregation and acceptable: "The time for mere 'deliberate speed' It's Significance," a symposium held at theUnive has run out, and that phrase can no longer justify sitv of Virginia, Charlottesville in cooperation with denying these Prince Edward County school chil- SRC, April 1974. dren their constitutional rights to an education 5 5 BEST COPY AVAIlAill equal to that afforded by the public schools in the there are many placesstillin this other parts of V irginia,"8 country where the schools are either Four years later, the Court ordered that "white" or "Negro" and not ju.t desegregation take place immediately. It stated in schools for all children as the Constitu Greenv,County School Board of New Kent tion requires. In my opinion there is County, Virginia: "The burden on a school board no reason why such a wholesale dew' todayisto come forward with a planthat vation of constitutional rights should promises realistically to work, and promises malls be tolerated another minute.8 tically to work now. "6 The language of these Supreme Court rulings In October 1969, the Supreme Court again speaks to the semantic tenacity shown by school held that the constitutional right to a desegregated officials to avoid desegregation. Each and every education could no longer be

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