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Quality Education as a Constitutional Right

Creating a Grassroots Movement to Transform Public Schools

Editors: Theresa Perry, Robert P. Moses, Ernesto Cortés Jr., Lisa Delpit, Joan T. Wynne

A passionately argued case for a new civil rights movement—centered on schools

In 2005, famed civil rights leader and education activist Robert Moses invited one hundred prominent African American and Latino intellectuals and activists to meet to discuss a proposal for a campaign to guarantee a quality education for all children as a constitutional right— movement that would “transform current approaches to educational inequity, all of which have failed miserably to yield results for our children.” The response was passionate, and the meeting launched a movement.

This book—emerging directly from that effort—reports on what has happened since and calls for a new scale of organizing, legal initiatives, and public definitions of what a quality education is. Essays include

*Robert Moses’s historically rooted call for citizens, especially young people, to make the demand for quality education
*Ernesto Cortés’s view from decades of work organizing Latino communities in Texas
*Charles Payne’s interview with students from the Baltimore Algebra Project, who organized to make historic demands on their district
*Legal scholar Imani Perry’s nuanced analysis of the prospects of making a case for quality education as a right guaranteed by the Constitution
*Perspectives from scholars Lisa Delpit and Joan T. Wynne, and by teachers Alicia Caroll and Kim Parker, who provide examples of what quality education is, describing its goal, and how to guide practice in the meantime
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“This is a wonderful, energizing tour of the landscape of the struggle for what is truly the new civil rights issue of our times: access to a high-quality public education. To change the nation’s direction will require, as this book argues, a coalition of organizers, young people, legal and educational scholars, teachers, and ordinary citizens. No other democracy in the world allows the inequities that our society allows, inequities that disproportionately affect African Americans, Latinos, and the poor. This is a blueprint, from some of our most visionary leaders in education, for a national movement to create a revolution in the way we think about schools and a map for a new American future. A crucial book.” —Linda Darling-Hammond, professor of education, Stanford University, author of The Flat World and Education: How America’s Commitment to Equity Will Determine Our Future


Review: Harvard Educational Review - June 1, 2011
"Quality Education is much more than an anthology—it is a practical and theoretical foundation for a vital national conversation about what we want for our country and our youth, and how we can get it.”
Review: New England Journal of Higher Education - May 15, 2011
Quality Education as a Constitutional Right offers a provocative look at the continued disconnect between the rhetoric of reform and the facts of the real world…we hear the heartfelt voices of reformers and advocates as well as of young people in underserved communities…The lessons are fresh and compelling and the examples inspired.”
Review: Boston Union Teacher - November 1, 2010
“Moses takes us on a journey that kept me asking the question, When...If not now?...It is a must read for anyone who teaches in urban and under resourced schools as well as for anyone committed to the centuries old battle for justice. I highly recommend it.”
Review: Library Journal - July 1, 2010
“Educators and school administrators will appreciate the perspectives and passionate rhetoric evident throughout this collection.”
From the Introduction by Theresa Perry

It is our hope that this book will be used to provoke discussion and debate in local communities and to support organizers in their efforts to find answers to these questions--what constitutes quality education, and what are the legislative routes towards getting the government to encode quality education as a protected right?

The book begins with an introductory essay by Linda Mizell. We noted that in early days after slavery, African Americans developed a movement to demand that the government protect their right to an education. Mizell provides us with an example of how this occurred in Florida in the early days of emancipation, during Reconstruction, and during the progressive era. According to Mizell, African Americans saw “education as not simply a civil right or even as a human right, but as a divine right. For them, there was little distinction between political work, social uplift work, and education activism--all of it was God’s work. . . . In a very real sense, every African American organization or institution of the period was an educational one--that is, with rare exception, no matter what the organization’s primary purpose, be it social, political, civic, cultural or fraternal, education was central to its mission and its work.” Mizell’s essay challenges us to bring these understandings to our contemporary organizing efforts.

In developing the Algebra Project, Bob envisioned young people as math literacy workers, who, like the SNCC workers of the sixties, would be the shock troops, demanding something of themselves and of the adults working in and making policy for schools and school systems. Charles Payne’s interview of the Baltimore Algebra Project students stands in stark contrast to the popular narrative about young Black youth as a group who don’t value education. The young people talk about their activism, give us details about their campaign for quality education, their sit-ins, mock trial of the state superintendent, and their systematic work with middle school students taking algebra. This was and is Bob Moses’s vision for the Algebra Project, the essence of what he learned from Ella Baker. It would be the youth who would lead the way.

The essays in part II by Jeannie Oakes, Bob Moses, Ernesto Corts, and Imani Perry are designed to help us grapple with the following questions: Can the Constitution guarantee quality education? What are the routes that can lead us in that direction? What is the role of organizers in a legal fight? What coalitions are necessary? How can the fight for quality education be waged at the state, city, and federal levels? What new understanding of the law can be employed that will be likely to succeed at this time, when we have the first African American president in the White House and a Democratic Congress? How might the thirteenth amendment be used to support congressional legislation to encode into law and guarantee quality education?

Part III of this book begins with essays by two exemplary educators, Alicia Carroll, a kindergarten teacher, and Kimberly N. Parker, a high school teacher. These essays, along with essays by Joan T. Wynne and Janice Giles on Bob Moses’s summer math program for high school students, and Lisa Delpit on culturally responsive teaching, should prompt rich conversations and debates about what constitutes quality education. Can we codify a definition of quality? All of the essays in this section are meant to suggest that as we organize to make quality education a constitutionally guaranteed right, we have to be about the business of instantiating excellence in the meantime. The essays provide a starting point for local communities to begin conversations, grounded in practice, about what constitutes quality education. Over the two decades of the school reform movement, foundation money has supported school systems and school reform and policy organizations to discuss, propose, and enact visions of education for Black and Brown communities. It is time for our communities to begin to have these conversations. Tentative and ever-evolving answers to these questions will inform organizing efforts to make quality education a constitutionally guaranteed right.

For those of us committed to transforming sharecropper education to quality education, this is both a complicated and hopeful time. It is complicated because school reform has become a top-down phenomenon. We have seen the increasing disenfranchisement of local communities in decisions about schools and in discussion about the contents of public education. And as the public sphere has become demonized, so have public schools. Bob Moses has opined that we seem content to move students around and create ways for a few kids to get a better education, rather than trying to transform the system as a whole.

It is a hopeful time because there are stirrings of a renewed sense that government must play a role in addressing historic inequities. Youth are organizing, and disenfranchised communities are demanding quality education. While there are over forty state lawsuits related to the equalization of education, we have a better understanding of what has to happen, even if the plaintiffs are victorious, for equity to be actualized in schools.

President Obama’s victory on a campaign of hope opens imaginative possibilities. Imagine if President Obama talked straight to the nation, and specifically to the children and families in urban and rural communities, telling them, “I know I am asking you to pursue excellence in a context of inequities.” What if he said, “I know that in some of your schools you don’t have libraries, auditoriums, gyms, computers. But you still have to work hard and study hard. And I promise you, I will try and make it so that by the end of my second term all children have what they need to achieve in their schools”? What if he said that he was ushering in the next stage of the struggle for quality education? Imagine President Obama convening a working group of educators, youth and adult organizers, legal and educational scholars, charging them with developing an understanding of the resource requirements for an education in the twenty-first century and exploring how to encode these requirements in federal legislation that would make it a right for every child to have access to these resources in his or her school. Or to state it differently, what if he spearheaded the development of legislation that required states to deliver on these requirements with an accompanying authorization for federal funding to assist local and state governmental units meet their legislative responsibilities? When we heard that the money for school construction was being taken out of the stimulus package, many of us were disappointed. However, the real issue is that there is no federal requirement that the state or localities provide a floor of resources for our schools, urban or rural.

We all know that President Obama is the product of a White American mother and a Kenyan father, and that he lived and attended private schools in Indonesia and Hawaii. However, as a young adult, in his search for identity, he chose to identify as African American. He moved to Chicago, where Black means African American, organized on the south side of Chicago in the African American community, married an African American woman, and attended an Afrocentric African American church for close to twenty years. In these environments, he learned and gained facility in the use of Black language and in Black cultural practices, formal and informal, which have been on full display in his speeches and interactions during the campaign and since his election as president. We remember the fist bump that he and his wife, Michelle, shared on stage and his response to the cashier at the restaurant in Washington, D.C, when, after he was asked if he needed change, he said, “We straight.” We recall how in a campaign speech to a largely Black audience, he effectively used words that Spike Lee had attributed to Malcolm in the movie Malcom X. He said, “They’re trying to bamboozle you. It’s the same old okey-doke. Y’all know about okey-doke, right” In speaking about the extravagant lifestyles of bank executives, he excoriated them for living “high on the hog.” In his speeches, he used Black rhetorical style--repetition, rhythm, and actual phrases that are reminiscent of the words of Dr. Martin Luther King Jr.--and the preaching style of Black ministers generally: “They said this day would never come. They said our sights were set too high. They said this country was too divided.” Having located himself inside this tradition, he spoke in a way that had resonance for Black Americans particularly and at the same time spoke to all Americans.

Having chosen an African American identity, President Obama will, we hope, also claim his place in the African American tradition of seeing education as a path to freedom and will use the office of president to support these strivings.

Now is the time for ordinary people to be heard, to demand that the government at all levels (federal, state, and local) guarantee quality education, and for ordinary people to offer robust descriptions of quality education, ones that can be encoded in law and monitored by appropriate governmental agencies as well as an organized and vigilant public.
The Historical and Contemporary Foundations for Robert Mosesís Call to Make Quality Education a Constitutionally Guaranteed Right
Theresa Perry

ìThe Holy Cause of Educationî: Lessons from the History of a Freedom-Loving People
Linda Mizell

Part I Organizing: The Youth Shall Lead the Way

1. Miss Bakerís Grandchildren: An Interview with the Baltimore Algebra Project
Charles M. Payne

Part II Can the Constitution Guarantee Quality Education?

2. Reading, Writing, and Rights: Ruminations on Getting the Law in Line with Educational
Justice Imani Perry

3. Schools That Shock the Conscience: What Williams v. California Reveals about the Struggle for an Education on Equal Terms Fifty Years after Brown
Jeannie Oakes

4. Constitutional Property v. Constitutional People
Robert P. Moses

5. Quality Education as a Civil Right: Reflections
Ernesto CortÈs Jr.

Part III Pursuing Excellence in a Context of Inequities

6. Stepping Stories: Creating an African American Community of Readers
Kimberly N. Parker

7. Is This School?
Alicia Carroll

8. Stories of Collaboration and Research within an Algebra Project Context: Offering Quality Education to Students Pushed to the Bottom of Academic Achievement
Joan T. Wynne and Janice Giles

9. Culturally Responsive Pedagogies: Lessons from Teachers
Lisa Delpit


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Quality Education as a Constitutional Right

ISBN: 978-080703282-4
Publication Date: 8/1/2010
Pages: 232
Size: x Inches (US)
Price:  $20.00
Format: Paperback
Availability: In stock.