bare minimum necessities

Original Author
root
Original Body

The ACLU lodges lawsuit against The State
of California for unjust distribution of
wealth in California school districts.

by Kaponda

The zephyr bored through the thin layer of protective
shelter and pelted the young lad as his eyes opened to
the dawn of another school day. It carried the noxious
elements of the naval shipyard to woo the uncorrupt
lungs of the middle school senior. Yet, Jimmy has
known for quite awhile that his generation has had to
endure the brunt of unfulfilled commitments by
virtually every institution of America.

The sparse surroundings of Jimmy's bedroom
bounced off his eyes through the mirror, as he
prepared to encounter another struggle at Luther
Burbank Middle School. In an effort not to frustrate
his schoolmaster, Jimmy had begun his journey at the
customary time. Looking at the abutting structures
from the window, Jimmy watched as his house
drowned in the distance, as the bus accelerated past
the density of drab houses. He mused over whether
anyone within that enclave of southern migrants --
from which he, too, is a proud product ñ- has ever
enjoyed anything other than substandard living
conditions since their arrival to the Bayview-Hunters
Point District at the height of World War II.

As he expectorated the noxious residuals from the
wind that had earlier swirled around his residential
community, Jimmy peered at a rodent, which bolted
off into a separate entrance of the Luther Burbank
Middle School. His eyes made a futile search of the
halls for anything that had not been riddled by decay.
The first battle for Jimmy will be to find a seat after
he enters his classroom, as there are not enough to
accommodate each student. There will not be a need
for him to check his coat because it will help insulate
him from the extremely cold classroom due to the
broken heating system. Jimmy has always focused on
completing his studies and passing his advanced
placement examination to continue his education at a
competitive university.

The substandard learning and living conditions to
which Jimmy is exposed may pose a threat to his
plans to further his education. For example, the
curricula offered at schools such as Luther Burbank
do not adequately prepare Jimmy for advanced
placement examinations. In addition, his problems are
compounded by a sense of inferiority, which affects
the motivation of a child to learn. These wretched
conditions were not hatched over night. Rather, they
are the result of years of Federal and State neglect.
Furthermore, these substandard learning conditions --
in which Jimmy must struggle to realize his hopes ñ
violate the laws of California, which require the State
to ensure the delivery of basic educational
opportunities for every child in California and vest the
State with ultimate responsibility for the Stateís public
elementary and secondary school system.

Neglect by the State of California to improve substandard
learning conditions in schools for people of color can be
traced as far back as the early 1950ís, when the majority of
schools for people of color were far inferior to the schools
of their white counterparts. The neglect of the State of
California to provide equal access to public education
regardless of race, color or national origin is rooted in the
May 17, 1954, Brown v. Board of Education, unanimous
decision, read by Chief Justice Earl Warren of the Supreme
Court.

In California, schools in economically disadvantaged
communities were underserved so severely that on May
17, 2000, the 46th anniversary of Brown vs. Board of
Education, civil rights groups and attorneys in California,
coordinated by the American Civil Liberties Union, lodged
a historic class-action lawsuit on behalf of students in 18
schools. The lawsuit charges that California has failed to
provide the "bare minimum necessities" required for an
education. According to the Complaint, the state of
California has allegedly "...reneged on its constitutional
guarantee to provide all students with at least the bare
essentials necessary for an education...."

The indictment of gross negligence underscores the reason
that supports the probability that Jimmy will never achieve
an education comparable to that of his white counterpart.
Furthermore, people of color in schools throughout
California have been subjected to the following conditions
as part of their everyday educational experience, according
to the Complaint:

  • Lack of Materials and Basic Resources;
  • Inadequate Instruction; and
  • Massive Overcrowding.

California has recently adopted a system of statewide
educational standards. It entails a criterion that must be
satisfied by each student before being promoted to the next
rung of learning. However, ìofficials of the state of
California charged with carrying out educational
obligations have failed to develop or implement appropriate
procedures to identify and correct the substandard
conditions at the schools attended by Plaintiffs,î according
to the Complaint.

Furthermore, according to the class-action lawsuit lodged
by the ACLU, ìAlthough the State has established
academic standards that students must meet, the State has
failed to meet its responsibility to ensure that schools
provide teachers who are adequately trained to prepare
students to satisfy those standards, has failed to provide
sufficient materials to enable students to have a reasonable
chance to pass tests that measure their performance, and
has failed to provide facilities in which students can safely
learn the materials they need to meet the State-mandated
standards. In other words, the State has established a
system for education but has abdicated its responsibility to
oversee and superintend that system to ensure it functions.

Jimmy was not born during the decision of Brown v.
Board of Education by the Supreme Court. However, the
Board of Education of California continues to preclude him
from any hope of attaining to the same educational level of
equality and justice as his white counterpart. Through
sheer determination, Jimmy may be one of the few among
people of color who succeed in passing the Advanced
Placement examination by rising beyond the seemingly
insurmountable obstacles of inadequate instructions,
massive school overcrowding, too few textbooks, no
access to libraries, as few as 13 percent of teachers with
full teaching credentials, chronically unfilled teacher
vacancies, and substandard living conditions.

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