The Search for Quality Integrated Education: Policy and Research on Minority Students in School and College

By Meyer Weinberg | Go to book overview

2
The Legal Framework

The legal framework for the education of minority children consists of far more than laws and court decisions. Equally important are the community conditions that give rise to movements for legal change. No less significant are the consequences of legal change as exemplified by the implementation or--just as frequently--nonimplementation of legal declarations. Yet, all but a few studies concern themselves with the formal change and pay little if any attention to preconditions and consequences. In this chapter we will examine a series of recent researches that exemplify a great improvement over the traditional approach. Their central concern is not the legal enactments as such but their consequences, both anticipated and unanticipated.

Sarah Nieves studied the operation of legislation in New York State affecting bilingual education, which stipulates that "subject matter such as reading and mathematics will be learned in the dominant language with the goal of achieving fluency in both languages." The law also requires "programs which impart the history, traditions, culture, life styles, and values associated with the languages." Nieves found that implementation of the law usually involved "pulling out" students from their regular classroom for forty-five minutes, three to five days a week. During these periods, instruction in Spanish was given. Nieves holds that such periods are too short for language instruction, let alone for cultural instruction as well.

It is somewhat difficult to understand from Nieves's account how the formal bilingual program actually worked. The researcher seemed more interested in characterizing the schools' putative abuse of the programs in terms of broad social theory. For example, one of her conclusions is as follows:

Within the confines of a compensatory education conception, bilingual education for Puerto Ricans in the United States is little more than an anesthetic to distract the recipients from the causes of their problems and, therefore, from achieving the concrete solutions to those problems. 1

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The Search for Quality Integrated Education: Policy and Research on Minority Students in School and College
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Tables vii
  • Acknowledgments ix
  • Introduction xi
  • 1 - The Historical Background 1
  • Notes 20
  • 2 - The Legal Framework 23
  • Notes 50
  • 3 - Race And. Intelligence in America 54
  • Notes 85
  • 4 - Changing Discriminatory Educational Processes 94
  • Notes 109
  • 5 - Education in Black Schools 112
  • 6 - Intradistrict Inequalities 127
  • Notes 143
  • 7 - Desegregation and Academic Achievement 146
  • Notes 168
  • 8 - Moving from Desegregation to Integration 172
  • Notes 189
  • 9 - Mexican Americans and American Indians 194
  • Notes 226
  • 10 - The Minority Community and Its Schools 231
  • 11 - Minorities in Higher Education - I 270
  • Notes 290
  • 12 - Minorities in Higher Education--Ii 294
  • 13 - Conclusions 324
  • Bibliographical Essay 333
  • Index 343
  • About the Author 355
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