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Unpublished Paper
Article: No Child Left Behind: Why Race-Based Achievement Goals Violate the Equal Protection Clause
ExpressO (2013)
  • Ayriel Bland
Abstract

In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent of Caucasians and 90 percent of Asian American students in the state. My Article argues that race-based achievement goals violate the Equal Protection Clause of the Fourteenth Amendment, even while acknowledging that a compelling state interest may exist in promoting educational proficiency. Besides not being narrowly tailored, race-based achievement goals viewed under the spirit of Brown v. the Board of Education will have detrimental psychological impacts on African and Latin American students based upon the research and studies of preeminent scholars in psychology.

Keywords
  • Due Process Clause,
  • Fourteenth Amendment,
  • Constitutional Law,
  • Education,
  • Children and the law,
  • No Child Left Behind,
  • NCLB,
  • Education Law,
  • Social welfare,
  • juveniles,
  • poitics,
  • race,
  • racial discrimination,
  • states rights,
  • compelling state interest,
  • strict scrutiny
Publication Date
April 30, 2013
Citation Information
Ayriel Bland. "Article: No Child Left Behind: Why Race-Based Achievement Goals Violate the Equal Protection Clause" ExpressO (2013)
Available at: http://works.bepress.com/ayriel_bland/1/