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Tipsheet

Defending Education Files Civil Rights Complaint Over Minneapolis Public Schools Race Based Cirriculum

AP Photo/Martha Irvine

On October 17, Defending Education filed a civil rights complaint against Minneapolis Public Schools (MPS) for its race-based curriculum and specifically its "ethnic studies" courses, which not only teach students "race essentialism" but also that "capitalism and Western culture are exploitative and lead to slavery, colonialism, genocide, and white supremacy."

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Sarah Parshall Perry, Vice President and Legal Fellow of Defending Ed issued a statement on the complaint:

With an exercise that mirrors the efforts of 1950's segregationists in the deep south, Minneapolis Public Schools has proven that the racism of old is new again. In a jaw-dropping experiment in race essentialism, South High School in Minneapolis offered classes on the 'lived reality' of black men and women in the US — classes that were open only to black students. It was our work unearthing the syllabuses of these classes that proved MPS is engaging in the kind of school programming that the Supreme Court outlawed in 1954 with its decision in Brown v. Board of Education. The Constitution demands color blindness, as does Title VI of the Civil Rights Act of 1964. MPS seems to have forgotten that, and it's high time they get a much-needed refresher.

In the 80-page complaint, Defending Ed argues that MPS is violating Title VI of the Civil Rights Act, which clearly states that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, orbe subjected to discrimination under any program or activity receiving federal financial assistance."

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You can read the entire complaint here.

Defending Ed found that "MPS actively discriminates against its students based on race. Several MPS high schools prohibit white and Asian students from enrolling in certain courses on black culture. The courses count toward electives requirement, meaning that white and Asian students must choose from a narrower list of class options in order to graduate." The group also says MPS is violating the 14th Amendment, which states "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law."

The 14th Amendment, Defending Ed points out, is the basis of a 1954 Supreme Court ruling that held racial discrimination and segregation of students is unconstitutional. This includes the "creation of or failure to address a racially hostile environment."

On the MPS website, the district defines its ethnic studies program thusly (emphasis added):

Over the last several decades, an abundance of literature on ethnic studies courses has illuminated the positive social and academic outcomes for students.  Research gathered by Sleeter and Zavala (2020) suggests that ethnic studies courses positively impact:

  • high school graduation rates for students of color (Cabrera et al., 2014; Cammarota & Romero, 2009)

  • academic achievement, engagement, and outcomes (Cammarota & Romero, 2009; Dee & Penner, 2017; Duncan, 2012;  Ginwright, 2000, 2004; Kisker et al., 2012; Lipka et al., 2005; Lopez, 2016, 2017; McCarty & Lee, 2014; Sharif Matthews & Lopez, 2018; Wiggan & Watson-Vandiver, 2017) 

  • and student sense of self and identity (Lewis et al., 2012; Thomas et al., 2008; Belgrave et al., 2000; Halagao, 2004, 2010; Vasquez, 2005)

Ethnic Studies courses are one part of our equity work and do not replace efforts to transform all Social Studies courses. The work on all our courses is rooted in ideas of culturally sustaining pedagogy. Ethnic Studies courses are unique in that they are interdisciplinary, co-constructed with students, deeply examine the concept of race as an organizing construct in US society, and students are provided opportunities to examine their own identity.

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In a conversation with PerryTownhall asked why school officials think they can defy the Civil Rights Act and the 14th Amendment.

"That's the $64,000 question," Perry replied. She also pointed out that some of the ethnic studies classes also likely violate Title IX, citing "Culture Queens" and "Culture Kings" classes that are only open to Black female and Black male students, respectively.

"They've forgotten the bulwark of educational jurisprudence," Perry said, "Brown v. Board of Education."

"More reliance on race leads to more segregation," she added.

When asked about the responsiveness of the Office of Civil Rights (OCR), Perry noted the Schumer Shutdown has left things "up in the air" for now, citing furloughs at the DOJ and OCR. She also noted that a backlog from the Biden era means the OCR is taking longer to look at complaints. Despite that, Perry said, "I hope this'll be one of the first things they review once the lights come back on" before noting the fight against such discrimination is like playing "whack-a-mole," because new cases pop up daily.

Perry also emphasized that Defending Education "recognized and filed a complaint" against MPS within 48 hours of learning about the MPS curriculum, well within the OCR's 180-day deadline for filing complaints.

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Defending Education files about 30 complaints per year, and gets results. In February, the organization filed one against Chicago Public Schools (CPS) and their "Black Student Success Plan" program. "District data showed Hispanic students actually performed worse," Perry said. In April, the U.S. Department of Education sent a letter to CPS warning that the program violated federal civil rights law and opened an investigation into the district.

When asked about parent reactions to these complaints, Perry said, "Parents are grateful someone has come to their defense, and they're astonished by what we find."

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