2021
DOI: 10.1177/23328584211054107
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Education Law and Policy in the Time of COVID-19: Using a Legal Framework to Expose Educational Inequity

Abstract: Empirical data show that the COVID-19 pandemic deepened and exacerbated social inequalities, to the detriment of low-income communities of color. Using the law as a conceptual framework and legal research methodology, this study examines education law against the exacerbated social inequalities low-income students of color faced during the pandemic. Considering the bounds of the law against the exacerbated social inequalities surfaces the limitations of the law in a time of large-scale crisis and thereby expos… Show more

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Cited by 6 publications
(4 citation statements)
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“…And while emergency funding (e.g., ESSER) does help, it likely cannot overcome the initial disparities for some districts (as CALL data showed). These organizational disparities in expertise or resources matter because vulnerable student populations have been impacted most during the pandemic ( Belsha et al, 2020 ; Domingue et al, 2022 ; Kuhfeld et al, 2022 ; Jackson et al, 2022 ; Lewis et al, 2022 ; Muñiz, 2021 ; NAE, 2020 ; OECD, 2021 ; Patrick et al, 2021 ). Notwithstanding, it is important to note that both districts have exhibited the same resolve; leaders with whom we spoke have become stalwarts for their respective communities, gracefully inheriting numerous roles and responsibilities.…”
Section: Discussionmentioning
confidence: 99%
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“…And while emergency funding (e.g., ESSER) does help, it likely cannot overcome the initial disparities for some districts (as CALL data showed). These organizational disparities in expertise or resources matter because vulnerable student populations have been impacted most during the pandemic ( Belsha et al, 2020 ; Domingue et al, 2022 ; Kuhfeld et al, 2022 ; Jackson et al, 2022 ; Lewis et al, 2022 ; Muñiz, 2021 ; NAE, 2020 ; OECD, 2021 ; Patrick et al, 2021 ). Notwithstanding, it is important to note that both districts have exhibited the same resolve; leaders with whom we spoke have become stalwarts for their respective communities, gracefully inheriting numerous roles and responsibilities.…”
Section: Discussionmentioning
confidence: 99%
“…Almost immediately, 50 million K-12 students were pulled from their physical classrooms, along with 3.5 million teachers ( National Academy of Education, 2020 ). While districts have returned to in-person instruction ( Grossmann et al, 2021 ), the pandemic has negatively impacted students’ learning opportunities and academic performance, particularly for those traditionally underserved (e.g., Belsha et al, 2020 ; Domingue et al, 2022 ; Jackson et al, 2022 ; Kuhfeld et al, 2022 ; Lewis et al, 2022 ; Muñiz, 2021 ; NAE, 2020 ; OECD, 2021 ; Patrick et al, 2021 ). There has also been increased turnover and burnout among administrators ( DeMatthews, 2021 ; Sawchuck, 2021 ) and teachers ( Bleiberg & Kraft, 2022 ; Kraft et al, 2020 ; Pressley, 2021 ).…”
Section: Introductionmentioning
confidence: 99%
“…COVID-19 is an environmental factor that has led to xenophobia, anti-Asian hate crime and harassment, and racism targeted at AAPI students (Gover et al, 2020). It has also exacerbated the educational inequalities experienced by diverse students, including those on the fringes of society who have intersecting disadvantages and discrimination (Muñiz, 2021). The inequities identified in this study can thus be expected to have worsened during COVID-19, with the possibility that all AAPI students may perceive a lower sense of school belonging, and the diverse groups within them may experience significant intersectional disparities.…”
Section: Limitations and Future Studiesmentioning
confidence: 99%
“…This proposal could be combined with earlier efforts to aid schools, districts, and states committed to school desegregation (Ujifusa, 2020), 23 and could be strengthened through the ESSA reauthorization and linked to other areas like regional metrics and infrastructure funding. As Muniz (2021) pointed out, "because the legal bounds are substantially limited...Recruiting students from ethnoracial minorities for educational programs require additional capacity and targeted efforts" (p. 6).…”
Section: Recommendation 3: Policy Targets For Public Education Systemsmentioning
confidence: 99%