Diversity and Equal Protection in Education
Essential Question:
Do admission policies designed to promote greater racial diversity violate the principle of equality?
Guiding Questions:
- What admission policies do some schools use to promote greater diversity?
- How have these policies intersected with the Equal Protection Clause of the Constitution?
Objectives:
- Students will understand the Equal Protection Clause of the Constitution
- Students will assess if admission policies designed to promote greater racial diversity violate the Constitution
Materials:
U.S. Constitution (Equal Protection Clause)
S.S.F.A. v. University of North Carolina
Waiting for a ‘Last Word’ on Affirmative Action
Equal Protection Clause Reflection Activity
Anticipate
Have students read the Equal Protection Clause (the last clause of Section 1 of the Fourteenth Amendment). Discuss the meaning of this section of the Constitution and how it upholds the principle of equality.
As an introduction, review the case of S.S.F.A. v. University of North Carolina , a landmark ruling from 2023 on affirmative action. Ensure students understand the concept of affirmative action, and why the Supreme Court ruled it to be unconstitutional.
Engage
Have students read the Waiting for a ‘Last Word’ on Affirmative Action article and answer the following questions.
Comprehension Questions
- Why did families sue Thomas Jefferson High School for Science and Technology? What did they allege the school did that was unfair and unconstitutional?
- List the “race-neutral” strategies that the school implemented to indirectly create greater racial diversity.
Assess and Reflect
To finish the activity, have students split up into groups. They should argue one side of the debate over whether indirectly creating greater racial diversity violates the Equal Protection Clause and then alternate so that everyone gets to argue both sides. Use the Equal Protection Clause Reflection Activity to guide the discussion. After students have debated, have them reflect on the topic and write a paragraph response to the question: Do you believe that strategies to indirectly create greater racial diversity violate the Equal Protection Clause? Why or why not?
Extension:
Think the Vote is an online platform that allows students to engage with each other through civil discourse on controversial topics. This week’s question is: Should Private K-12 Schools and Schools of Higher Education Implement Policies Designed to Increase Racial Diversity? Students selected as having the best answers on each side of the debate will win Amazon gift cards, BRI swag, and be entered to win the $1,000 grand prize. Referring teachers will also win prizes of their own! Be sure to have your students submit their answers by March 14th to be considered for this week’s contest.