Legal Guide Padlet by Kimberli Coleman https://padlet.com/kjc11a/xc5ghx4dsprm "A good education should, inherently, cause us discomfort." - Christina Torres, English teacher en-us 2019-12-02 16:34:11 UTC 2025-11-13 22:56:04 UTC hello@padlet.com My Personal Perspective kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/418578366 I experienced this crude, sometimes unintentional, bias when I applied to attend my now Alma mater. In the process, the admissions coach that was assigned to my application made three comments that set the tone to a negative collegiate start: The education department may be too much for a first generation student, especially being that you will be one of only three students of color. You may need to start with lower level courses since no one in your family has gone to college before and your chances of dropping out are higher. Your experience here will be somewhat of a challenge because of your background. I was appalled, disgusted and I felt alone. This counselor did not take into consider the fact that I had graduated high school with a 3.8 GPA on a four point scale, or that I was entering my freshmen year with college credits, or that many members of my extended family had already attended and graduated from college; all she could see was her own biases. My collegiate experiences and the experiences that many students continue to face today while working to earn their education led me to speak with a fellow educator about his experience as not only a teacher to many students of color, but his own collegiate experiences as well.]]> 2019-12-02 16:53:33 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/418578366 Introduction kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/420149174 Welcome to our first annual training on cultural competence for educators as we discuss the effects that race has on college admissions for our students of color. Today we are joined by K-12 educators and administrators from each school in our district, and college admission representatives from a few of our local colleges. As the superintendent of the district, it is my job to ensure that you all are executing a fair educational experience that prepares our marginalized population of students for their college admissions process. In my own educational experience, I was in AVID courses which are to prepare students for college, and I also took dual credit classes which afforded me actual college credits towards a college degree, but despite this preparation, I experienced bias in my collegiate admissions process. Many of our students experience this on a yearly basis. According to a report released by Georgetown University’s Center on Education and the Workforce, it has been found, “that admission practices and inequality in state education funding are creating two separate and unequal tracks to public colleges and universities” (Smith, 2018, para. 1). Many of us are aware of the breach of fairness that students of color experience in the process of being admitted into colleges, but not many of us know the laws that are against this breach. Unfortunately, the Supreme Court has not discussed how lower courts should judge the feasibility of non-race focused methods which are usually extremely varied and complex settings. The Supreme Court generally “take[s] account of a university’s experience and expertise in adopting or rejecting certain admissions processes” (pg. 3). They tend to make it the university's obligation to demonstrate their policies, and the makes it the Judiciary’s obligation to determine the admissions process. In other words, lower courts generally defer to college and university experts and administrators when considering these complex decisions but retain great discretion to make their own judgments on whether nonracial strategies would even work (Espinosa, Gaertner, & Orfield, 2015). It is each of our jobs to prepare students for their futures after they leave our classrooms; that preparation begins when your students walk into your kindergarten classrooms and it continues until they graduate from high school. The purpose of this training is to provide education representatives with the appropriate information, knowledge of the laws that protect you and your students, and an all-around better understanding of your position of ensuring that each one of your students experience fairness in their college preparatory futures.

Espinosa, L.L., Gaertner, M.N., & Orfield, G. (2015). Race, class, and college access. American Council on Education. Retrieved from https://www.acenet.edu/Documents/Race-Class-and-College-Access-Achieving-Diversity-in-a-Shifting-Legal-Landscape.pdf

Smith, A.A. (2018). Racial inequality in college enrollment patterns. Inside Higher Ed. Retrieved from https://www.insidehighered.com/quicktakes/2018/11/14/racial-inequality-college-enrollment-patterns ]]> 2019-12-05 11:39:01 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/420149174 kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421086084 2019-12-07 00:59:58 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421086084 Grutter v. Bollinger kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421093428 Grutter v. Bollinger, 2003; Grutter v. Bollinger, 539 U.S. §306 (2003)

This case arose when a student from the University of Michigan Law School alleged that she experienced discrimination in her admissions process when the school geared its attention more towards minority groups. The potential student argued that the school’s involvement in affirmative action ruined her chances of being accepted into the school. The Supreme Court ruled that a school who chooses to focus on minority groups in its admissions process does not violate the Fourteenth Amendment’s Equal Protection Clause as long as it takes into consideration other factors that validates the students’ qualifications.

LINK: http://cdn.loc.gov/service/ll/usrep/usrep539/usrep539306/usrep539306.pdf

]]> 2019-12-07 01:13:46 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421093428 The Texas Ten Percent Plan (TTP) kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421104411 Texas House Bill 588 of 1998; HB 588 (1998)

Many local educational institutions in Texas have adopted the Texas Ten Percent plan or the TTP. This plan guarantees high school students in the top 10% of their class admission into a Texas public collegiate institution despite any factors. For students who do not make the top 10%, according to this plan, they may be considered on the basis of their academics and other factors which may include race.

]]> 2019-12-07 01:19:22 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421104411 Title VI of the Civil Rights Act of 1964 kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421106276 Title VI of the Civil Rights Act of 1964; 34 C.F.R. §100.

No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

LINK:
https://www2.ed.gov/policy/rights/reg/ocr/edlite-34cfr100.html#S3

]]> 2019-12-07 01:30:43 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421106276 Civil Rights and Affirmative Action kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421106716 Civil Rights and Affirmative Action; 15 U.S.C. §719 (o)

All Federal officers and agencies shall take such affirmative action as is necessary to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving, or participating in any activity conducted under, any certificates, permit, right of-way, lease, or other authorization granted or issued pursuant to this chapter.

LINK:
https://www.govinfo.gov/content/pkg/USCODE-2000-title15/pdf/USCODE-2000-title15-chap15C-sec719o.pdf]]> 2019-12-07 01:33:14 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421106716 Equal Protection Clause of the 14th Amendment kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421107045 Equal Protection Clause of the 14^th Amendment; U.S. Const. amend. XIV §1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

LINK:
https://constitutioncenter.org/interactive-constitution/amendment/amendment-xiv

]]> 2019-12-07 01:35:15 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421107045 Harvard's Race-Based Admissions Policy kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421243044 Harvard University is currently celebrating a Supreme Court win in the court decision that allowed them to continue using race as a factor in its admissions decisions following a federal judge's ruling in a high-profile and contentious case that had major implications for the entire higher education industry.

This ruling is seemingly a positive use of race in college admissions, but is not considerate of the negative effects it could have on other populations of students.
This case is an example of how race-conscious admissions can create less segregated learning opportunities.
The purpose of this decision was to continue to consider students of color in the admission process for the purpose of creating a more diverse learning experience.
The consideration of race in the admissions process to Harvard University is a part of the holistic admissions initiative that many schools need to adopt.

Camera, L. (2019).

judge-upholds-harvards-race-based-admissions-policy

]]> 2019-12-08 01:15:42 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421243044 Fisher v. University of Texas at Austin, 2013; 113 S. Ct. 2411, 2420 (2013) kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421243676 Potential student, Abigail Fisher, a white Texan, was denied admission to the University of Texas at Austin for the Fall 2008 entering class. Fisher sued the university, arguing that the denial violated her Fourteenth Amendment right to equal protection because she was denied admission to the public university in favor of minority applicants with lesser credentials. The court ruled that the primary reason that the plaintiff in the case was denied admission to the university was not its consideration of race in admissions, but its “10 percent plan,” in which the top 10 percent of high school graduates are admitted to the public college or university of their choice.

This case represents the thin line of protection that is present when fighting cases regarding race and college admissions. This thin line is what is hard for law- and policymakers to define or protect individuals from.
This case is a pivotal case that sets the stage for many other students fighting for fairness in their admissions process.
This case gives insight as to what the 14th Amendment stands for and who it is meant to protect.

Jaschik, S. (2016).

Supreme Court upholds consideration of race. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2016/06/24/supreme-court-upholds-consideration-race-admissions

]]> 2019-12-08 01:22:57 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421243676 Diversity Programs in College Admissions kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421244414 This resource represents a pivotal moment in the education system as it was experiencing an outpour of support and acknowledgement of changes that needed to be made in schools regarding race and college admissions. The article brings to light various issues that were beginning to be brought to the nation's attention once again through the use of students and educators' voices at a Supreme Court level. Without the attention that these individuals brought to the issue of racial discrimination in the college admissions process, students of color would still be silenced by the unfair practices of our policymakers.

Flannery, M.E. (2012).

NEA urges Supreme Court to uphold diversity programs in college admissions. NEA Today. Retrieved from http://neatoday.org/2012/10/10/nea-urges-supreme-court-to-uphold-diversity-programs-in-college-admissions-2/

]]> 2019-12-08 01:32:53 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421244414 Still Separate, Still Unequal Lesson Plan kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421246583 This resource provides a lesson plan for educators to participate in to help them to be more conscious of the unfair acts that occur in the education system for our students of color. Without this consciousness, educators are left confused about what students face on a daily basis and are then not capable of helping them through these times. This resource can be used to enhance cultural competence and rejuvenate care and awareness in educators once again. ]]> 2019-12-08 01:59:41 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421246583 Code of Ethics of the Education Profession kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421247684 Educators--
Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, family, social or cultural background, or sexual orientation, unfairly— a. Exclude any student from participation in any program; b. Deny benefits to any student; c. Grant any advantage to any student (NEA, n.d., para. 6).

This ethical code protects students from unfair treatment on the basis of their demographical makeup. It is a creed that should be adopted by all educational institutions to create a harmonious and fair learning environment for all students.

NEA (n.d.).. Code of ethics of the education profession. National Education Association. Retrieved from http://www.nea.org/home/30442.htm]]> 2019-12-08 02:11:50 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421247684 Rickey Townsend, Benjamin Franklin Middle School, Dallas, Texas, Teacher of the Year 2018-2019; Co-Founder of Crowned Scholars kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421249319 I recently spoke with Rickey Townsend, a professional in his field, about his experience with this legal issue. Mr. Townsend is a seventh grade mathematics teacher at Benjamin Franklin Middle School in Dallas, Texas. He is also the co-founder and COO of a non-profit organization called Crowned Scholars where he among other educators has the essential focus to build the holistic young black man through academic mentoring, intentional conversations, and civic engagement. During the interview, I asked several questions about his experience with preparing students of color for college. He started by saying, “A high percentage of my students are brown; by high percentage, I mean like 90 percent or more. This has always been my school experience. This is where my passion for elevating their experiences grew for me” (R. Townsend, personal communication, November 14, 2019). He answered my questions by stating that: Colorism and factors about how race can affect an individual's American experience are prevalent topics in America's education system today, still. As much as we have progressed in our treatment of one another on the basis of race and diversity, prejudice and assumptions, there is still work to be done in the education system. The education system lacks equity and tact when they cannot provide a learning experience that is suitable for each student. They fail our children when they cannot find ways to include each curious mind in their plans. A major concern in the education system currently as it relates to race and equity in education is that students of color will lack the opportunity to better their lives through receiving a fair education.

He mentioned that the best practices an educator could use to ensure racial equity as we prepare our students for their professional lives are:

1. Encourage holistic admissions policies. In other words, admissions qualifications should not solely be dependent upon one factor alone; decision-makers should consider various factors including, but not limited to academic stance, quality of high schools, and students' professional recommendations.

2. Consider where society is with affirmative action and do the opposite. Sometimes, affirmative action in society works as a “band-aid” term to falsely represent inclusion and acceptance of all but, in reality, it is just that, a band-aid term.

3. And lastly, create a learning environment of equity throughout your institution. Create opportunities for all students to reach their potential. Do not make one demographic of students feel like they are any different than their peers. They can feel your apprehension and they tend to mirror that emotion.

"What we do not understand as educators is that when we call students out for being different and we do not prepare them for academic wellness, we hurt them in other areas of their development. It is one thing to prepare your students for college admissions, but it is another thing when they are fighting for equality in the process at the Supreme Court level because colleges do not think that they are as special as their K-12 teachers told them they were. We mess up as educators when we are not realistic with our students. If we as educators are not prepared for the discrimination that many of our students of color will face at the collegiate level, then our students will not be prepared" (R. Townsend, personal communication, November 14, 2019).

]]> 2019-12-08 02:28:20 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421249319 Research mentions: kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421309745 1. Make college preparatory courses in K-12 more intentional. Make cultural awareness and competence a priority for students, educators, and administrators. This should be a district-wide initiative.

2. K-12 institutions should partner with local colleges and universities in the area to help students have a real-life experience with preparing for college.

3. Find ways for the research, policy, and legal communities assist institutions in preparing for a future that seems to constantly change.

4. Use the strategies that admissions and enrollment management leaders use to support racial, ethnic, and socioeconomic diversity in this evolving legal and policy environment and note the strategies that appear to be working.

5. One of the challenges of this work has been taking into consideration all of the variation that institutions of higher education can face as they work to implement diversity-driven initiatives. Find ways to simplify the process by creating a universal inclusion initiative.

6. Embrace the educational benefits of diversity (i.e., how does a diverse—in terms of race, ethnicity, socioeconomic factors, or others—student body positively impact the educational experience of its institution and of society at large).

(Espinosa, Gaertner, & Orfield, 2015)

Espinosa, L.L., Gaertner, M.N., & Orfield, G. (2015). Race, class, and college access. American Council on Education. Retrieved from https://www.acenet.edu/Documents/Race-Class-and-College-Access-Achieving-Diversity-in-a-Shifting-Legal-Landscape.pdf]]> 2019-12-08 14:16:20 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421309745 What is Affirmative Action and how does it help us? kjc11a https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421312763 2019-12-08 14:41:21 UTC https://padlet.com/kjc11a/xc5ghx4dsprm/wish/421312763