University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations 1896 - February 2014 1-1-1974 Defining equal access ot educational opportunity for Mexican American children : a study of three civil rights actions affecting Mexican American students and the development of a conceptual framework for effecting institutional responsiveness to the educational needs of Mexican American children. Blandina Cárdenas Ramírez University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_1 Recommended Citation Cárdenas Ramírez, Blandina, "Defining equal access ot educational opportunity for Mexican American children : a study of three civil rights actions affecting Mexican American students and the development of a conceptual framework for effecting institutional responsiveness to the educational needs of Mexican American children." (1974). Doctoral Dissertations 1896 - February 2014. 2768. https://scholarworks.umass.edu/dissertations_1/2768 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations 1896 - February 2014 by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. ' DEFINING EQUAL ACCESS TO EDUCATIONAL OPPORTUNITY FOR MEXICAN AI4ERICAN CHILDREN A STUDY OF THREE CIVIL RIGHTS ACTIONS AFFECTING MEXICAN AMERICAN STUDENTS AND THE DEVELOPMENT OF A CONCEPTUAL FRAMEWORK FOR EFFECTING INSTITUTIONAL RESPONSIVENESS TO THE EDUCATIONAL NEEDS OF MEXICAN AMERICA^r Dissertation Presented * A ' • f . I-' » * * j 1 By . / ,' Blandina Cardenas Submitted to the Graduate School of the University of Massachusetts in partial fulfillment of the requirements for the degree of DOCTOR OF EDUCATION May 1974 Major Area: Leadership and Administration (c) Blandina Cardenas 1974 All Rights Reserved DEFINING EQUAL ACCESS TO EDUCATIONAL OPPORTUNITY FOR MEXICAN AMERICAN CHILDREN A STUDY OF THREE CIVIL RIGHTS ACTIONS AFFECTING MEXICAN AMERICAN STUDENTS AND THE DEVELOPMENT OF A CONCEPTUAL FRAMEV70RK FOR EFFECTING INSTITUTIONAL RESPONSIVENESS TO THE EDUCATIONAL NEEDS OF f4EXICAN AMERICAN CHILDREN A Dissertation By Blandina Cardenas Approved as to style and content by: ii For My Parents Rudolfo Gonzales Cardenas and Amelia Blythe Cardenas Whose Courage, Dignity and Love Are Truly a Model for the World y tambien para Jose Angel Cardenas TABLE OF CONTENTS ACKNOWLEDGEMENTS ABSTRACT CHAPTER Page I INTRODUCTION 1 Statement of the Problem Purpose of the Study Definition of Terms Assumptions of the Study Design of the Study Importance of the Study Organization of the Dissertation II REVIEW OF RELATED RESEARCH AND RELATED LITERATURE 17 Introduction A Historical Perspective on the Mexican American Demographic Characteristics General Characteristics The Educational System's Response to the Mexican American III THE MEMORANDUM OF MAY 25 th 43 Development of the Memorandum Involvement of Community Special Education Provisions Equal Educational Services Review Procedures Development of a Response Implementation in Beeville, Texas Summary IV SAN FELIPE-DEL RIO 76 The Community The Conflict Consolidation and the Comprehensive Plan Court Proceedings The Justice Memorandum Opinion Subsequent Court Action Implications of the Plan Summary v CHAPTER Page THE EL PASO PLAN 109 Development of the Case The Review Provision of Educational Assistance The Comprehensive Educational Plan Monitoring Procedures of the Office of Civil Rights Analysis Recent Developments Summary VI A CONCEPTUAL FRAMEWORK FOR EFFECTING INSTITUTIONAL RESPONSIVENESS TO THE EDUCATIONAL NEEDS OF MEXICAN AMERICAN CHILDREN 165 Development of the Theory of Incompatibilities Conceptual Framework VII SUMMARY, CONCLUSIONS AND RECOMMENDATIONS 193 Summary Conclusions Recommendations BIBLIOGRAPHY 211 APPENDICES 227 A MEMORANDUM OF MAY 25th 228 B RECOM24ENDED PROCEDURES REGARDING ELIMINATION OF DISCRIMINATION IN THE ASSIGNMENT OF CHILDREN TO SPECIAL EDUCATION CLASSES FOR THE MENTALLY RETARDED 232 C POTTINGER MEMORANDUM REGARDING NONDISCRIMIN- ATION IN ELEMENTARY AND SECONDARY SCHOOL STAFFING PRACTICES 249 VI ACKNOWLEDGMENTS This study has r0vi©w6d two and on6 ~half y©ars of work by numerous individuals dedicated to the improve- ment of educational opportunity for all children in this country and particularly for Mexican American children. For the deep friendships, respect, and support which de- veloped during that period, for the collaboration in reconciling difficult issues, and for the continued pro- fessional assistance and support on the part of many who made this study possible, the author is extremely grateful. The people of the communities of San Felipe in Del Rio, Texas and of Edgewood in San Antonio, Texas, merit particular recognition for their role in the develop- ment of the concepts underlying this study. San Felipe provided a childhood of strength and love and a school committed to this Mexican American. Edgewood provided the opportunity to work with and learn, from persons of great wisdom, truths only they could teach. Together, they nur- tured a commitment that these advantages should be extended to all children. Appreciation is expressed to Dr. Juan Caban, Dr. Juan Zamora and Dr. Larry Dye, members of my doctoral committee who provided immeasurable support and guidance Vll throughout the doctoral program. Dr. Arthur W. Eve, Chairman of the Committee, set new standards for those who would reverse the existing lack of institutional responsiveness to pressing social problems. For this and for his constant support, he has my deep appreciation. Dr. Gil Sanchez, Dr. A1 Merino, Dr. and Mrs. Henry J. Casso, Dr. Sylvia Gonzales, and Ms. Connie Powell are fellow students who provided the opportunity for rewarding collaboration and support. Dr. Ernest M. Bernal, Jr. and Dr Leon P. Edmonston were particularly helpful in facilitating skills crucial to the study. The staff of the Office of Civil Rights of the Department of Health, Education and Welfare provided in- valuable assistance in the development of this study. The author is particularly appreciative for the support pro- vided by Mr. Martin H. Gerry, Deputy Director of the Office of Civil Rights, who among other things kept the author from being "late to the table" on numerous occasions, Mrs. Dorothy D. Stuck and Mr. James M. Littlejohn. During his tenure as Director of the Office of Civil Rights, Assistant Attorney General J. Stanley Pottinger was also most helpful, The unwaivering confidence and supportive collabor- ation of Dr. Bertha Perez, Dr. Josue M. Gonzalez and Dr. Jose Angel Cardenas were key to the completion of this also study. Tomas Villareal, Jr. and Joe J. Bernal were viii r I o part of the final support system. Dr. Luis M. Laosa provided a special inspiration. Finally, the author must thank "toda su familia" who's faith and love have been as unshakeable as necessary. ix abstract DEFINING EQUAL ACCESS TO EDUCATIONAL OPPORTUNITY FOR MEXICAN AMERICAN CHILDREN A STUDY OF THREE CIVIL RIGHTS ACTIONS AFFECTING MEXICAN AMERICAN STUDENTS AND THE DEVELOPMENT OF A CONCEPTUAL FRAMEWORK FOR EFFECTING INSTITUTIONAL RESPONSIVENESS TO THE EDUCATIONAL NEEDS OF MEXICAN AMERICAN CHILDREN Blandina Cardenas, B.J., University of Texas Directed by: Dr. Arthur W. Eve The purpose of this study was to define equal access to educational opportunity for Mexican American children. The study described three^ actions of the Fed- eral Government seeking to protect the right of Mexican American children to an education free from discrimination on the basis of race, color or national origin. The three actions were; (1) the issuance of the Memorandum of May 25 by the HEW Office of Civil Rights; (2) the San Felipe-Del Rio School District consolidation case, and (3) the El Paso Independent School District May 25th Memorandum com- pliance case. Additionally, the study described a concep- tual framework for effecting institutional responsiveness to the educational needs of Mexican American children. X xi The study revealed that pressure from community sources led to the issuance of the May 25th Memorandum, which focused specifically on the interaction between the specific language problems of ethnic minority children and: (a) unequal access to effective participation in the educational program offered by a school district, (b) segregation through tracking, ability grouping, and assignment to classes for the mentally retarded, and (c) exclusion of parents from the processes by which the district provides information. The development of (1) procedures for completing comprehensive school district reviews which would meet legal requirements of future administrative proceedings as well as withstand political pressures that might be forthcoming; (2) policies, particularly with reference to special education issues, designed to further clarify the provisions of the Memorandum; and (3) an educational assistance capability within the Office of Civil Rights was reviewed. The study reviewed the San Felipe-Del Rio School District consolidation case in which the Office of Civil Rights, with leading Mexican American educators, developed and submitted to the court a Comprehensive Educational Plan that prescribed broad remedies including bilingual/ bicultural early childhood education, and English as a xii second language - Spanish as a second language program that would enable the school district to provide bilin- gual/bicultural education for all