The Potential impact of Cultural Neutrality on the Future of Public Education

Holmes, Roy H. Rural Sociology: The Farm Family Institution . New York: McGraw-Hill, 1932, pp. 405-6.

Cartter, Alan. "University Teaching and Excellence." In Improving College Teaching, edited by Calvin B. T. Lee. Washington, D. C.: American Council on Education, 1967, p. 160.

Byrd v. Begley, 90 S. W. 2nd. 371 (1936).

Hopkins, John O. Basic Legal Issues in New York State on Teacher Certification. Lincoln, Nebraska: Study Commission on Undergraduate Education and the Education of Teachers (University of Nebraska— Lincoln), 1973, p. 7.

Griggs v. Duke Power Company 401 U. S. 424 (1971).

The EEOC guidelines can be found in the Federal Register 35, no. 149 (August 1, 1970), pp. 12333 ff., or in the Code of Federal Regulations 29 CFR, part 1607. See also Michael J. Malbin, "Employment Report: Proposed Federal Guidelines on Hiring Could Have Far-reaching Impact," in National Journal Reports 5, no. 39 (September 29, 1973): 1429-34.

A memorandum from David Frohnmayer, dated November 8, 1972, p. 2, item 3 states: "The Task Force hopes that its explanation of the Ph.D. in relation to faculty qualifications will serve as a helpful model for similar institutional statements on other degrees that a college or university may wish to claim as BFOQ's [bona fide occupational qualifications]"

Huff, Sheila. "The New Realism in Employment Practices: Implications for Education of Title VII of the Civil Rights Act of 1964." Working Draft. Syracuse, New York: Educational Policy Research Center, Syracuse University Research Corporation, September, 1973.

Griggs v. Duke Power Company 401 U. S. 433 (1971).

Shimberg, Benjamin , Barbara F. Esser , and Daniel H. Kruger. Occupational Licensing Practices and Policies. Washington, D. C.: Public Affairs Press, 1973, p. 202.

Robinson, William. "The Power of Competency-Based Teacher Education: Views of a Civil Rights Lawyer." In The Power of Competency-Based Teacher Education. Report of the Committee on National Program Priorities in Teacher Education , edited by Benjamin Rosner. Boston: Allyn and Bacon, 1972, pp. 278-9.

"Minutes of the Executive Board Meeting." College Composition and Communication 23, no. 3 (October 1972): 325.

Lau v. Nichols 414 U. S. 563 (1974).

U. S. District Court (N. D. California, Civ. No. C-70-627 LHB, May 26, 1970) unreported; for appellate court decision see 483 F 2d 791 (1973). Quoted from memorandum for U. S. as Amicus Curiae in Lau v. Nichols in U. S. Court of Appeals for Ninth Circuit, p. 2.

U. S. v. State of Texas 342 F. Supp. 24 (1971) at 26.

Ibid. at 28.

U. S. Department of Health, Education, and Welfare, U. S. Office of Education. The Education Professions 1968. A Report on the People Who Serve Our Schools and Colleges. Washington, D. C.: U. S. Government Printing Office FS5.258:58032, 1969, p. 42.

Wisconsin v. Yoder 406 U. S. 205 (1972) at 223.

Ibid.

Ibid. at 224.

On the history of the distinction between custom and law, see Paul Vinogradoff, Custom and Right, Cambridge: Harvard Univ. Press, 1925, particularly Chap. 2.

Telefact Foundation in cooperation with the California State Department of Education. El Tratado de Guadalupe Hidalgo, 1848. (no city given) 1968, p. 58.

Ibid., p. 56.

Ibid, p. 108.

U. S. Senate. 1906. "Protest Against Union of Arizona with New Mexico." Document 216, 59th Congress, 1st Session, February 12. In The Excluded Student: Educational Practices Affecting Mexican-Americans in the Southwest. Report III, U. S. Commission on Civil Rights, May 1972, p. 77. See pp. 76ff for a "legal and historical backdrop." The authors of this report assert that "the treaty also guaranteed certain civil, political, and religious rights to the Spanish speaking colonists and attempted to protect their culture and language (p. 76)."

U. S., Constitution, Amend. 9. The invocation of the Ninth Amendment to protect one's right to his or her own language is suggested by Klotz' essay, "The Honest and the Glorious," in El Tratado de Guadalupe Hidalgo, 1848, p. 24; and in Anthony Garvin, "Educational Policy Implications of a Legal Theory of Public v. Private Benefits," Discussion Draft, Syracuse, N. Y.: Educational Policy Research Center (October 1972). Page 16 notes that "the discovery of the ninth amendment by legal theorists could have an enormous impact on educational policy." A list of commentators on the Ninth Amendment follows. Only one wrote after Griswold v. Connecticut: Knowlton H. Kelsey, "The Ninth Amendment of the Federal Constitution" 11 Indiana Law Journal 309 (1936). The others are: Bennett Patterson, The Forgotten Ninth Amendment, Indianapolis: Bobbs-Merrill, 1955; Mitchell Franklin, "The Relation of the Fifth, Ninth and Fourteenth Amendments," 4 Howard Law Journal, 170 (1958); Note, "The Uncertain

Renaissance of the Ninth Amendment," 33 University of Chicago Law Review 814 (1966); Redlich, "Are There Certain Rights ... Retained by the People?" 37 N.Y.U. Law Review 787 (1962); Mitchell Franklin, "The Ninth Amendment as a Civil Law Method and Implications for Republican Form of Government ..." 40 Tulane Law Review 487 (1966).

See Franklin, "The Ninth Amendment as a Civil Law Method...." (Reference 26).

Patterson , The Forgotten Ninth Amendment, p. 51.

Griswold v. Connecticut 381 U. S. 479 at 493.

Miller v. California 93 Sup. Ct. 2607 at 2619.

Patterson , The Forgotten Ninth Amendment, p. 56.

Abington School District v. Schempp 374 U. S. 203 (1963) at 225.

Study Commission on Undergraduate Education and the Education of Teachers. "How Should Schools be Held Accountable?" In Education for 1984 and After, editors Olson, Freeman, and Bow-man. Lincoln, Nebraska: Study Commission (University of Nebraska—Lincoln), 1971 pp. 63-4.

Two-tier or two-step licensing systems of a different sort have also been proposed. See Public Education Association of New York City, "Memorandum Regarding Reform of Personnel Selection Procedures for New York City Public School System by Establishment of a New Two Step Performance Based Certification System," a memorandum prepared at the request of the New York State Assembly Education Committee, September 15, 1973. See also Metropolitan Research Center, "A Possible Reality of High Academic Achievement for the Students of Public Elementary and Junior High Schools of Washington, D. C. (1970)," reprinted in Committee Print, Select Committee on Equal Educational Opportunity, U. S. Senate, 91st Congress, 2nd Session, September 1970; and Peggy R. Sanday, "Cultural and Structural Pluralism in the U. S." Unpublished postion paper prepared for the Committee on Cultural Pluralism of the Study Commission on Undergraduate Education and the Education of Teachers (University of Nebraska— Lincoln).

The efforts of the Special Committee on Youth Education for Citizenship of the American Bar Association should not be overlooked in this connection. This Committee, under the direction of Joel Henning, seeks to foster development and implementation of law-related curricula and teaching practices designed to provide students with intellectual skills and attitudes necessary for responsible and effective citizenship in an American society governed by rule of law.

Hunnicutt v. Burge 356 F. Supp. 1227 (1973).

Ibid. at 1238. For commentary on a similar situation—Black House and Casa de la Raza in the Berkeley Experimental School District—see Susan Frelich Appleton, "Alternative Schools for Minority Students: The Constitution, the Civil Rights Act, and the Berkeley Experiment," 61 California Law Review 858 (1973).

National Society for the Study of Education. "Human Nature and the Scope of Education." In Philosophical Redirection of Educational Research. 71st Yearbook of the National Society for the Study of Education, Part 1, edited by Lawrence G. Thomas. Chicago: National Society for the Study of Education, 1972, p. 301.

Ibid., p. 302.

Ibid., p. 303.