IntroductionLaws denying and limiting the participation of African Americans in educational advancement have represented a complex convergence of deeply held political, economic, and social beliefs in America. From the beginning, American slavery of Africans emerged from the economic need for cheap labor. Slave codes and state statutes such as those of Georgia (Gee & Daniel, 2014) conferred on them the status of'property' to achieve this end, and social attitudes-emerging from a platform of'Manifest Destiny'-rationalized this dehumanization. From this 'foundation' came the Fugitive Slave Act of 1850 and later, Black Codes: laws passed in the southern United States, mostly after the Civil War, mandating the segregation of Blacks in all public places and conveyances (Gossett, 1997; Takaki, 1992; Winthrop, 1968). Such laws prescribed community conduct, protected economic interests, and further inculcated a view of African Americans as being 'inferior' and, thereby, socially undesirable while providing the precursor for racism as experienced in the modem era (Jordan, 1968; Marable, 1983).Moreover, structurally representative of comingling political, economic, and social interests, it was also the case that at the beginning of the 20th century, the infrastructure for a viable system of education for Black children did not yet exist. A lack of school buildings and seating, as well as resources, to accommodate the new influx of students predominated, most acutely in the South, further complicated by political roadblocks and social disinterest on the part of a majority of Whites (Anderson, 1988). Additionally, only long after common schools had been made available for other school children in America, during the first third of the 20th century, did public elementary schools become available for the majority of African American children in the South. At the secondary level this dearth was even more pronounced such that four-year public high schools for White students in Georgia increased from 4 to 122 between 1904-1922 but at that same time Georgia had no four-year public high schools for African American students who constituted 46 percent of the secondary school aged population in the state (Anderson, 1988; see also Trigg, 1934). This lack of access was further compounded by poor quality of schooling in that high schools for Black students, if they existed, did not possess the rigor of curriculum on par with the common schools attended by Whites (Du Bois, 1973).With this in mind, the authors assert that the potency of any remedy for educational disenfranchisement is dependent on its ability to address the political, economic, and social aspects of education for African Americans. In effecting these policies, the awareness must be two-fold: we must ensure that (a) policy formation appropriately reflects African Americans' political, economic and social interests; and (b) the stated goals and delivery mechanisms of any policy are satisfactorily aligned to achieve desired outcomes. When law and policy do not meet these criteria, we must demand redress. This is, in effect, policy pragmatism, emerging from the authors' belief that there exists, despite perverse incentives, linear policy progression (Ball, 1994; Bell, 1992).A review of the judicial history of Brown v. Board of Education (1954) is explored to ascertain its probable impact on the current aggregate population of African Americans students. This analysis is followed by an examination of evolving educational policy efforts, foremost the Elementary Secondary Education Act (ESEA, 1965) which has sought, with much controversy, to fulfill Brown's promise of an equal education. Finally, a plausible 'next step' framework for achieving education equity is suggested, illuminating comprehensive initiatives that have shown potential as effectual remedies, albeit not without remaining challenges.A Brief History of the Road to Brown and its Judicial AftermathThe Black Codes and Jim Crow Laws: Setting the GroundworkIn the immediate aftermath of the Civil War, former slaves found themselves continued victims in the former Confederate states. …
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