EDPS 301 Exam 1

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Why did the Carlisle Indian Industrial School have a football team? How did America react to it? How did America react to its most famous alumni, Jim Thorpe?

"Football is a scientific game, and the fact that these young red men have attained such proficiency in it demonstrates their capacity for the more useful and practical training which they receive at the Indian Industrial school." Football was American, Scientific, etc - it Americanized them and made them seem like more fit culturally; America reacted positively to it, but in praising them also undermined them; loved the Jim Thorpe as presented in the movie but not as an actual person

Why would Oregon want to make public education compulsory? How might one argue against them?

1. "No charge against any religion is contained in the brief, and no religion is specially referred to." 2. Rational basis—"great increase in juvenile crime" (empirical evidence?) 3. "religious suspicions" result from "the separation of children along religious lines during the most susceptible years of their lives" 4. "The voters of Oregon might have felt that the mingling together, during a portion of their education, of the children of all races and sects, might be the best safeguard against future internal dissensions ..." ("melting pot?") 5. Separation of church and state supports the idea of schools "free from influences" in favor of a religion And: children are future citizens, belonging to their communities and nations; the state may regulate their education because the state has an interest in their becoming autonomous citizens ARGUE AGAINST: using 14th Amendment; children belong to their parents and limits on parental authority are an assault on traditional or God-given rights; "family privacy" and "family autonomy" are paramount; Furthermore: "Recognizing in the main the great merit of our public schools system, it is nevertheless unthinkable that public schools alone shall, by legislative compulsion rather than by their own merits, be made the only medium of education in this country. The absence of the right of selection would at once lower the standards of education. If the children of the country are to be educated in accordance with an undeviating rule of uniformity and by a single method, then eventually our nation would consist of mechanical Robots and standardized Babbitts."

Elk Grove Unified School District vs. Newdow

A noncustodial parent did not have standing in federal court to allege that his child's school violated the Establishment Clause by leading students in the recital of the phrase "one nation under God" in the Pledge of Allegiance. The issue of whether "one nation under God" is constitutional, however, was not ruled on.

After reading the Paula Marantz Cohen article, do you think that these purposes must necessarily conflict?

According to her, the systems will conflict in that over time, it will self correct and people will rebel against social mobility - I agree

Describe the Fourteenth Amendment

Amendment XIV Section 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. AKA: the liberty of parents and guardians to direct the upbringing and education of children under their control; the child is not the mere creature of the state "denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men."

What do you think should be the limits to parental choice in education?

As seen in the Troxel vs. Granville vase, the parent must be "fit" to choose - they should not be drastically uneducated themselves, have a drug or alcoholic dependency, have a history of violence and criminal activity, and they must have exhausted all possible options; they should be able to support their decision

Piper vs. Big Pine

Children wanted to go to the California public school facility instead of the low quality Indian school; judge ruled in their favor, ended segregation in California public schools

What does David Labaree consider to be the three historical purposes of American education?

Democratic equality, social efficiency, social mobility

Describe "social mobility"

Educating the academic for credentials: 1. graded hierarchy; 2. qualitative differences between institutions; 3. stratified structure of opportunities; 4. public good vs. private good - private! 5. use value vs. exchange - exchange! 6. knowledge vs. credentials - credentials!

Describe "Democratic Equality"

Educating the civically mindful citizen: 1. civic virtue; 2. common culture; 3. attachment to our political system; 4. equal treatment; 5. equal access; 6. a public good, use value

Describe "social efficiency"

Educating the working class: 1. Vocationalism (it's more important to align adult education programs with the needs of the employer rather than for education's sake); 2. Stratification; 3. a public good, use value

What were the basic elements of the ideology of the common school?

Emphasis was common knowledge, virtue, skill and an allegiance to the larger community shared by all children no matter what their origin. local knowledge could still be taught, but every school was devoted to the larger community and the making of Americans

Why has the federal government become more involved in education in recent decades?

GI Bill, which changed Americans' expectations about high school graduation and college; school desegregation, which made the federal courts have to manage race relations; and "Title I," which meant that the federal government began to make grants to poor schools

What does Jean Anyon mean by a "hidden" curriculum? Discuss some examples from her research at NJ schools.

Hidden curriculum: teaching the students for the life they're expected to lead based on their geographical, socio-economic area and status; Working class (be good workers, follow directions), middle class (understand, prepare for service careers), affluent professional (discuss, create, freedom and values - prep for high end careers), and executive elite schools (intellectual analysis, decision making, why? Prep for CEO positions)

San Antonio Independent School District vs. Rodriguez

In 1973, the Supreme Court Justice Lewis Powell said, "Education, of course, is not among the rights afforded explicit protection under our Federal Constitution." The case was San Antonio Independent School District v. Rodriguez, in which suit was brought over disparities in funding school districts. Well, why not? The answer might have to do with the fact that the federal government hasn't historically been as involved in education as it is now. It's gotten involved in education in the postwar era because of the GI Bill, which changed Americans' expectations about high school graduation and college; school desegregation, which made the federal courts have to manage race relations; and "Title I," which meant that the federal government began to make grants to poor schools.

What does "A Nation at Risk" mean?

In 1983, a government commission released an extensive study entitled A Nation at Risk, which pronounced "The educational foundations of our society are presently being eroded by a rising tide of mediocrity that threatens our very future as a Nation as a people." The resulting fears about a loss of national competitiveness meant that more Americans wanted more governmental responsibility over education, including a national testing program. That was implemented when No Child Left Behind was passed, with a large bipartisan majority, in 2001.

Why might we consider high school a "social experiment?"

It has no natural connections, no power structures, no hierarchy; its a completely made up world

What might be the problem with educating for credentials? What causes credential inflation?

It's like cashing something in; knowledge is not as important as the credential and it might not even indicate your actual qualifications for the job; grade inflation. credential inflation is caused when everyone has the same credential so it is worth less (Ex. bachelors vs. masters)

Lemon vs. Kurtzman

Lemon v. Kurtzman, 403 U.S. 602 (1971),[1] was a case argued before the Supreme Court of the United States. The court ruled in an 8-1 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private schools, from public textbooks and with public instructional materials. The decision also upheld a decision of the First Circuit, which had struck down the Rhode Island Salary Supplement Act providing state funds to supplement salaries at private elementary schools by 15%. As in Pennsylvania, most of these funds were spent on Catholic schools. The Court's decision in this case established the "Lemon test" (named after the lead plaintiff Alton Lemon),[2] which details the requirements for legislation concerning religion. It is threefold: 1.The statute must not result in an "excessive government entanglement" with religious affairs. (also known as the Entanglement Prong) Factors. 1.Character and purpose of institution benefited. 2.Nature of aid the state provides. 3.Resulting relationship between government and religious authority. 2.The statute must not advance nor inhibit religious practice (also known as the Effect Prong) 3.The statute must have a secular legislative purpose. (also known as the Purpose Prong) If any of these prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution. The act stipulated that "eligible teachers must teach only courses offered in the public schools, using only materials used in the public schools, and must agree not to teach courses in religion." Still, a three-judge panel found 25% of the State's elementary students attended private schools, about 95% of those attended Roman Catholic schools, and the sole beneficiaries under the act were 250 teachers at Roman Catholic schools. The court found that the parochial school system was "an integral part of the religious mission of the Catholic Church," and held that the Act fostered "excessive entanglement" between government and religion, thus violating the Establishment Clause.[1]

Describe "grade inflation"

Longitudinal, grade compression and comparative; pressure on teachers to inflate grades, to give do-overs and all that kind of thing, because of the pressure of social mobility and credentials

What are some of the causes of grade inflation? Do you think that there's an effective solution?

Longitudinal, grade compression, and comparative are the types - the cause: pressures on credentials. solutions - deflation, standardized testing, and narrative grades have been tried; standardization seems best, but doesn't count for low-income schools

How did the Court rule in the Meyer and Pierce cases? What was the constitutional basis for the Court's decisions?

Meyer, along with Pierce v. Society of Sisters (1925), is often cited as one of the first instances in which the U.S. Supreme Court engaged in substantive due process in the area of civil liberties. Laurence Tribe has called them "the two sturdiest pillars of the substantive due process temple". He noted that the decisions in these cases did not describe specific acts as constitutionally protected but a broader area of liberty: "[they] described what they were protecting from the standardizing hand of the state in language that spoke of the family as a center of value-formation and value-transmission...the authority of parents to make basic choices" and not just controlling the subjects one's child is taught.[6] Substantive due process has since been used as the basis for many far-reaching decisions of the Court, including Roe v. Wade, Planned Parenthood v. Casey, and Lawrence v. Texas. Justice Kennedy speculated in 2000 that both of those cases might have been written differently nowadays: "Pierce and Meyer, had they been decided in recent times, may well have been grounded upon First Amendment principles protecting freedom of speech, belief, and religion."[7]

Minersville School District vs. Gobitis

Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States involving the religious rights of public school students under the First Amendment to the United States Constitution. The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American Flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision a mere three years later, in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943).

Meyer vs. Nebraska

On April 9, 1919, Nebraska enacted a statute called "An act relating to the teaching of foreign languages in the state of Nebraska," commonly known as the Siman Act. It imposed restrictions on both the use of a foreign language as a medium of instruction and on foreign languages as a subject of study. With respect to the use of a foreign language while teaching, it provided that "No person, individually or as a teacher, shall, in any private, denominational, parochial or public school, teach any subject to any person in any language other than the English language." With respect to foreign-language education, it prohibited instruction of children who had yet to successfully complete the eighth grade. On May 25, 1920, Robert T. Meyer, while an instructor in Zion Parochial School, a one-room schoolhouse in Hampton, Nebraska, taught the subject of reading in the German language to 10-year-old Raymond Parpart, a fourth-grader, the Hamilton County Attorney entered the classroom and discovered Parpart reading from the Bible in German. He charged Meyer with violating the Siman Act.[3] In his decision, Justice McReynolds stated that the "liberty" protected by the Due Process clause "[w]ithout doubt...denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men."

Describe "ceremonial deism"

Religious at one time but through time loses its significance/religious meaning, becomes mere ritual

Describe "social capital"

Social capital is a form of economic and cultural capital in which social networks are central, transactions are marked by reciprocity, trust, and cooperation, and market agents produce goods and services not mainly for themselves, but for a common good.

What is "social capital" and how might it affect educational outcomes?

Social capital is a form of economic and cultural capital in which social networks are central, transactions are marked by reciprocity, trust, and cooperation, and market agents produce goods and services not mainly for themselves, but for a common good. PTA, social groups discussing opportunities like tutoring, SAT prep and AP classes, which schools to go to But it also creates inequalities because some schools do not have the reach and resources that others do; achievement gap

How did some Catholics come into conflict with the common school? Was this conflict inevitable?

The Catholics wanted to have their own schools outside of the Common school so they could teach religious doctrine as well. the conflict was inevitable because religion cannot be inherently common and religious schools also cannot be outlawed

Describe the Eliot School Rebellion

The Eliot School rebellion was a 19th-century incident that played a significant role in the debate over what kind of Christian instruction would be available in American public schools and sparked the establishment of Catholic parochial schools nationwide. The incident began on a Monday morning, March 7, 1859. Massachusetts law required that the Ten Commandments be recited in every classroom every morning. Bible passages were also required to be read aloud. On March 7, a teacher at the Eliot School in Boston, Miss Sophia Shepard, called on ten-year-old Thomas J. Whall to recite the Ten Commandments. Whall refused because he was Catholic and Shepard insisted that the Commandments be recited as written in the Protestant King James Bible.[1] The following Sunday at St. Mary's Parish Sunday School, Whall was among the several hundred boys who heard Father Bernardine Wiget, a Swiss-born Jesuit and an enthusiastic ultramontane, urge them not to recite Protestant prayers lest they fall into "infidelity and heresy." On Monday, March 14 Shepard again called upon Whall and he again refused. The assistant principal was called. Saying "Here's a boy that refuses to repeat the Ten Commandments, and I will whip him till he yields if that takes the whole forenoon," he beat Whall's hand with a rattan stick for 30 minutes until it was cut and bleeding. The principal then told all boys who intended to refuse to recite the King James version of the commandments to leave the school. One hundred boys left that day. Three hundred left the following day. Some boys reported to school with copies of the Vulgate Commandments that they were willing to recite, but they were refused admittance.[1] The incident attracted intense national interest.[1][2] According to historian John McGreevy of the University of Notre Dame, the incident sparked the creation of Catholic parochial schools both in Boston and nationwide.[1][3] In Boston, St Mary's Parish created a primary school to educate the boys who had withdrawn from the Eliot School. First called St. Mary's Institute, and later named in honor of Father Wiget, the school enrolled 1,150 boys in the 1859-60 school year.[1]

Pierce vs. Society of Sisters

The Pierce vs. Society of Sisters case is an incredibly impactful one on the nature of public vs. private education in the United States - in fact, it could very well be summed up as just that: Public vs. Private Education. The decision of the court in favor of the Society of Sisters is important because it essentially declares Governor Pierce's desire for compulsory public education unconstitutional. It is unconstitutional to eradicate private or religiously based education because a "child is not the mere creature of the state;" simply put, there are certain parental rights over their children's education so deemed by the 14th Amendment. The amendment implicitly declares certain rights to parents and guardians over their children by saying that no state can deprive any person of life, liberty or property; there are parts of a citizen's life that the government cannot interfere with, and the style and breadth of one's education is one of them. No matter how virtuous a Common School is for the public, no person can be compelled by the state to attend; having the option is a necessary public good, but each parent has the right to send their children to a private, religiously affiliated, or non-traditional school.

Who is Jim Thorpe?

Thorpe, whose parents were both half Caucasian, was raised as an American Indian. His accomplishments occurred during a period of severe racial inequality in the United States. It has often been suggested that his medals were stripped because of his ethnicity.[58] While it is difficult to prove this, the public comment at the time largely reflected this view.[59] At the time Thorpe won his gold medals, not all Native Americans were recognized as U.S. citizens. (The U.S. government had wanted them to make concessions to adopt European-American ways to receive such recognition.) Citizenship was not granted to all American Indians until 1924.[60] While Thorpe attended Carlisle, students' ethnicity was used for marketing purposes.[61] The football team was called the Indians. A photograph of Thorpe and the 1911 football team emphasized racial differences among the competing athletes; the inscription on the most important game ball of that season reads, "1911, Indians 18, Harvard 15."[62] Additionally, the school and journalists often categorized sporting competitions as conflicts of Indians against whites; newspaper headings such as "Indians Scalp Army 27-6" or "Jim Thorpe on Rampage" made stereotypical journalistic play of the Indian background of Carlisle's football team.[61] The first notice of Thorpe in the The New York Times was headlined "Indian Thorpe in Olympiad; Redskin from Carlisle Will Strive for Place on American Team."[18] His accomplishments were described in a similar racial context by other newspapers and sportswriters throughout his life.[63]

West Virginia State Board of Education vs. Barnette

West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a decision by the Supreme Court of the United States holding that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school. The Court's 6-3 opinion, delivered by Justice Robert H. Jackson, is remembered for its forceful defense of free speech and constitutional rights generally as being placed "beyond the reach of majorities and officials." It was a significant court victory won by Jehovah's Witnesses, whose religion forbade them from saluting or pledging to symbols, including symbols of political institutions. However, the Court did not address the effect the compelled salutation and recital ruling had upon their particular religious beliefs, but instead ruled that the state did not have the power to compel speech in that manner for anyone. Barnette overruled a 1940 decision on the same issue, Minersville School District v. Gobitis (also involving the children of Jehovah's Witnesses), in which the Court stated that the proper recourse for dissent was to try to change the school policy democratically. However, in overruling Gobitis the Court primarily relied on the Free Speech Clause of the First Amendment rather than the Free Exercise Clause.[1]


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