San Antonio Case Study

As well as the lawsuit filed by Alton Lemon, this incident involved two other cases that fell under the same issue, Earley v. DiCenso and Robinson v. DisCenso. Both conflicts involved a state law passed, through the Non- public Elementary and Secondary Education Act of 1968, by the state of Pennsylvania and Rhode Island. This act gave the government permission to fund religious based or parochial schools. Although the schools provided textbooks and instructional materials for secular subjects, a Pennsylvania instructor believed that this act violated the Establishment Clause of the First Amendment, “Congress shall make no law respecting an establishment of religion” Lemon argued that that by providing this money

The 14th Amendment right to equal protection as recognized under Baker v Carr designed on the surface to ensure fair participation in the democratic process, however, it is more so a check on the majority. As Baker v Carr introduces, the 14th Amendment does not cover all types of discrimination. For example, discrimination by the means of improper districting of a state, intentional or not, is not covered by the Constitution. However, what the 14th Amendment does do effectively is put a check on the majority will through rights. The majority rules and the only way to prevent this is through rights, which dictate what people are and are not allowed to do. For example, the majority in a society may want to kill someone, however, if in that society, a person has a right to live as written in that society 's supreme law, they are protected from that majority will.

This case examines the responsibility that a school district has to establish a program that deals with the various language issues of non-English speaking students. Kinney Lau and other non-English speaking students brought forth a lawsuit trying to force the San Francisco Unifed School District (SFUSD) to provide support for all non-English-speaking Chinese students with a bilingual education program so they could proficiently learn English. The case also attaches “strings” to school districts that receive federal financial assiatance.

The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."

On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days.One of the students amoung them was Dwight Lopez. It was required that the student's parents be informed of the suspension within 24 hours with given reason. If the student were expelled, they would allowed to appeal to the Board of Education. The principal gave the students suspension without holding a hearing, it was okay because Ohio law did not make it required to do so.But they were also later expelled without a right to have due process. The federal courts believed that the students rights were being violated.The District Court held Central High School accountable for its violation of the 14th Amendment, it stated that

A public school cannot suspend a student with no notice or hearing because it infringes on his or her rights. The specific amendments broken by the public school officials are primarily the fifth and sixth. Public schools are not allowed to take away rights and liberties given to the American people. The suspended student was denied his rights to due process and his right to formal informant of crime committed.

By the 1950’s, America’s illusively plaid appearance was being disrupted by a growing multitude of problems: increasing visibility of poverty, rising frustrations from African American communities, and a growing angst concerning America’s position in the world. In response, the United States’ leaders sustained their constitutional promise to promote the general warfare of society, by confidently indorsing policies that directly attacked these problems-to the best of their ability. When President Lyndon Johnson, Kennedy’s successor, sworn into office, he believed in the active use of power and legislation. “Between 1963 and 1966, he compiled the most impressive legislative record of any president since Franklin Roosevelt” (Brinkley 784). Among

Each belief obtained in this world is mirrored by its opposite allowing those to decide which reflection they choose to abide to. In America, one’s perspective defined what each person stood for. During the Civil Rights Movement, controversy stood at the base of the country as many chose “a side” to be on as an argument of what was deemed constitutional and unconstitutional continued. However, although many may have had their separate beliefs, the common ground consisted of the principles of democracy written in the Constitution. Although, it was a less popular belief highlighted during the Civil rights movement, the whites too faced issues with the loss of their principles of democracy as the federal government continuously abused their power. The federal government may have had good reasoning behind stopping the laws implemented by states, but it doesn’t hide the fact that the federal government overstepped its boundaries. In document 1, it states that education is the important function of state and local governments and it explains how it’s those governments duties to ensure each child has the opportunity to be educated. However, if it’s the state and local governments duty, then why did the federal government decide how each state should handle school systems. It’s no longer about what was the “right thing to do”, but it’s about how the rights of the whites were also contracted as they lost their say in what goes on in their own

“We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place.”

Furthermore, it is very suspicious that Texas being second in having the highest GDP (Gross Domestic Product) has had many budget cuts throughout the year in education. One of the six university student interviewed questioned, “Texas is one of the most economically successful states; so why are they cutting funds for the educational department?” The educational area deserves more funding since everyone’s future is in the hands of this generation. Future doctors, lawyers, teachers, architects, and even the

The public education system in Texas is mostly funded at the local, then the state, and finally at the federal level. In the school year of 2013-2014, public school districts were funded 56.4% at the local level, 32.9% at state level, and 9.0% at the federal level (FAST - Public Education Funding In Texas). This means that more than half of the public education funding comes from the local level which includes the property taxes, therefore there is an unequal funding within school districts from different cities. As I mentioned before, the state of Texas fails to distribute the money equally within schools, but why? Well there is two answers to this issue. The first one is that wealthy school districts have found a loophole in the Robin Hood plan. Although, the wealthy school districts still send money to the state to support poor school districts. They spend some of that money in interest and sinking taxes, which is a tax used to cover new construction, acquisition and equipment for the schools (Michels). However, some wealthy school districts have overstretched the limits of this tax. A great school district example of this would be Eanes ISD which “bought iPads for its high school students with bond money” (Michels). This is just insane. How is it possible that we are letting this happening while other poor school districts, such as the one I

Savage Inequalities by Jonathan Kozol is an in-depth analysis of America’s public school system and the problems that encompass it. Kozol’s book examines some of the poorest public schools in the United States and attempts to explain how the school or school district plummeted so far into the depths of poverty. Kozol believes that the biggest problem public school faces is segregation, which is still very real in many parts of the United States. Racism and a lackadaisical attitude toward the education of minority groups in America are the roots of the problems that public schools face. In his book, Jonathan Kozol visits a multitude of schools across the country, from poverty-stricken schools to affluent schools.

One of the reasons that Texas wanted its independence from Mexico was because Mexico failed to provide a system of public education. Texas received its independence from Mexico in 1836 and after being admitted into the Union in 1845, a bill was passed in 1854 establishing public education. A major milestone of public education was the case Brown vs. Board of Education, which ended public segregation in public schools. A major reform that the public education system in Texas has experienced was the Gilmer-Aikin Laws in 1949. “They replaced the elected office of State Superintendent with an appointed administrator, raised teachers ' salaries without regard to sex or race, elevated the role of the state in what had here to fore been a local responsibility,

In the Opinion Announcement of Morse v. Frederick, Justice Roberts said, "...students do not shed their First Amendments rights at the schoolhouse gate... The rights of students at {a} school are not the same as the rights of adults in the community at large" (Morse). The point he is getting across is that even though students still have their first amendment right at school it is more filtered as they are required to follow school policy (Morse). In the case of Morse v Frederick, his first amendment was not broken as he was promoting illegal drug use at a school event which is explicitly prohibited at school no matter if at school grounds or not (Morse). From this case, it is further understood that students still have some right to be free

The Chicano movement derives from early oppression of Mexicans. Robert Rodrigo, author of “The Origins and History of the Chicano Movement” acknowledges that, “At the end of the Mexican American war in 1848, Mexico lost half of its territory to the United States and its Mexican residents became ‘strangers in their own lands.’” In stating this fact, Rodrigo exemplifies the United States’ relations with Mexico, that, ultimately, led to their oppression. Moreover, these early relations led to social injustice for the Mexican community. Carlos Muñoz, author of The Chicano Movement: Mexican American History and the Struggle for Equality reports, “As a conquered people, beginning with the Texas-Mexico War of 1836 and the U.S. Mexico War of 1846-48, they have