Public Education and Equal Protection

In many public schools and higher education institutions, the issue of race plays a significant role in admissions decisions. A study by Cohen (2007) found that it was important to consider both strengths and weaknesses while developing educational strategies. As a result, the government must create a plan for student admittance. The K–12 student program aids in directing the admission of students to public schools in order to support equitable and diverse learning for everyone (Rhodes & Ogietree, 2004). Equal protection for all races is required in light of our society’s growing diversity, particularly in the educational system. This essay addresses the consequences of K–12 students’ equal protection with reference to certain schools for racial balance. In education, equal protection requires that every child has a right to education and this doesn’t depend on the child’s colour. The child must be able to interact with other children, and thus schools need to be multiracial (California Department of Education, 2017). Further promoting the understanding of each other’s beliefs and culture. In spite all these efforts there have been legal battles on the admissions programs by public schools based on racial segregations.

In 1954 Brown v. Board of Education 347 U.S., the Supreme Court made a landmark decision that student admission plans should be on a non-racial basis. The Court resolved that enrollment programs that are race based violate the equal protection rights of students. This seemed to allow that the registration plans to be considered on student abilities and not according to students colour from (Kluger, 2010). In this case, it is determined that enrollment on a race basis might lead to discrimination as it can result in schools that have only one race and not a diverse one. This jurisprudence results to a doctrine of separate but equal within the context of education.

Over the recent years there has been an increase in diverse society creating challenges to the known voluntary integration in public schools. According to Rhodes and Ogietree, (2004), voluntary integration is good because it gives the minority an opportunity to join various schools. In the Michigan case, the Supreme Court decided that the University race admission policy should not be used as it had set aside some percentage that guaranteed access to the various race. This verdict was made as it is believed that this was not fair and that everybody deserved equal opportunity.

Before the Michigan decision, the court sought guidance from the Supreme Court fractured decision in the case of Regents of the University of California v. Bakke, 438 U.S. (McNeese, 2009). The court recognized the need that public universities should consider race in their admission. The use of race in admission into higher education institutes helps to achieve diversity and thus becoming a compelling government interest.

According to Keck (2010) on Carolina state Board of Education v. Swann 402 U.S, the court reinforced that it’s a matter of educational policy school authority to conclude a way of racial balance in the school as desirable apart from what the K-12 student requirements by the constitution. The judge approved the voluntary integration program in this case (Keck 2010). The ruling further stated that the school board has a right to promote not exceeding the minimal constitution standard in developing integrated school experience.

A research by Cohen (2007) establishes that the development of strict scrutiny of race-based classification in public school admission plans the Supreme Court tackled various issues that there was the need for affirmative action’s policies in the enrolment in public schools and higher education. It was established that some school set aside a certain percentage of a minority race, but this is not to help promote the integrated school but just a compelling interest for the school. In the courts view the individualized admission plan mitigated the possibility to harm the non-minority applicants.

In conclusion, the policy on K-12 affects the racial students. Classification of K-12 students according to race when assigning them particular schools is important as it helps promote racial balance in the education system. It supports equal protection and rights to education to every student, therefore, leading to a diverse school setting. The racial integration in education is necessary for different learning for all students. The interactions help in learning of various culture and therefore promoting national integration. It should be adopted for the benefit of future education.

References.

California Department of Education. (2017). Duty to protect students. Retrieved from http://www.cde.ca.gov/re/di/eo/dutytoprotect.asp

Cohen, K. D. (2007). The state of Education Policy. New York, NY.

Rhodes, D.L. & Ogietree, C.J. (2004). Implementing, Transforming and abandoning Brown, in Brown at 50: The Unfinished Legacy. New York, NY. Mc Millan.

Keck, T. M. (2010). The most Activist Supreme Court in History. Los Angeles, LA.

McNeese, T. (2009). Reagents of the University of California v. Bakke. Sacramento, CA.

Kluger, R. (2010). Simple Justice. The History of Brown v. Board of Education and Black America Struggle for Equality. Oxford, U.K. Oxford University Press.