1AC—Deseg (Primary aff)

1AC—Desegregation

Advantage 1 is Desegregation:

School segregating is rampant—tolerating this just lets racism win—the constitution demands that public institutions comply with the law

Black, 6/6/17 --- Professor of Law, University of South Carolina (Derek, “Education in America Has Deep Flaws—and That's Why Racial Segregation Is on the Rise,”
https://theconversation.com/why-schools-still-cant-put
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will our base fears and racial biases begin to fade into the background.

A retreat of DOJ enforcement has allowed a resurgence in segregation --- federal agencies have a comparative advantage in enforcing regulations and compelling local cooperation

Landsberg, 16 --- Professor Emeritus, Pacific McGeorge School of Law (Brian K., Fall 2016, Duke Journal of Constitutional Law & Public Policy, “LEE V. MACON COUNTY BOARD OF EDUCATION: THE POSSIBILITIES OF FEDERAL ENFORCEMENT OF EQUAL EDUCATIONAL OPPORTUNITY,” 12 Duke J. Const. Law & Pub. Pol'y 1, Lexis-Nexis Academic, JMP) *Note – HEW = United States Department of Health, Education and Welfare**
"There is nothing more difficult to plan, more doubtful of success, nor
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later their cases were sent to the judicial district where they were located.

Desegregation is best way to narrow the achievement gap –

Theoharis 15 – PHD and a chair in the School of Education at Syracuse
(George, 10/23/15, “‘Forced busing’ didn’t fail. Desegregation is the best way to improve our schools.”, https://www.washingtonpost.com/posteverything/wp/2015/10/23/forced-busing-didnt-fail-desegregation-is-the-best-way-to-improve-our-schools/?utm_term=.99e5c334fa60, MW)
Since the Reagan administration’s “A Nation at Risk” report pronounced that schools across
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the back of the education bus, it will always be the back.

Enforcing desegregation in public education will serve as a bridge to link ongoing racial disparities with historic racial discrimination and challenge white supremacy --- advances equality in prisons, mental health facilities, housing authorities, and police departments

Holley-Walker, 12 --- Associate Professor of Law, University of South Carolina School of Law, J.D. from Harvard (Winter 2012, Danielle, Georgia State University Law Review, “A NEW ERA FOR DESEGREGATION,” 28 Ga. St. U.L. Rev. 423, Lexis-Nexis Academic, JMP)
[*443] III. WHY WE NEED A NEW ERA OF DESEGREGATION The
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discrimination and to refocus our education reform on equality as a core value.

Challenging institutional racism is a prior ethical question

Memmi, 2k --- Professor Emeritus of Sociology @ U of Paris, Naiteire (Albert, Racism, Translated by Steve Martinot, p. 163-165)
The struggle against racism will be long, difficult, without intermission, without remission
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. True, it is a wager, but the stakes are irresistible.

U.S. legal changes are modeled by other countries --- civil rights protections in education are critical to overall equality --- they help sustain social movements

Willie, 14 --- professor emeritus at the Harvard Ed School, served as a consultant, expert witness, and court-appointed master in major school desegregation cases in cities such as Boston, Hartford, Dallas, Denver, Houston, Kansas City, Little Rock, Milwaukee, San Jose, Seattle, and St. Louis (6/4/14, Charlies, “Brown at 60 and Milliken at 40,” https://www.gse.harvard.edu/news/ed/14/06/brown-60-milliken-40, accessed on 5/14/17, JMP)
Michelle Obama has reminded us to remember this: "Movements for real and lasting
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that is similar in some ways to the Constitution of theUnited States.

DOJ is critical to advance, monitor and enforce desegregation cases, including those addressing imbalances within schools

Holley-Walker, 12 --- Associate Professor of Law, University of South Carolina School of Law, J.D. from Harvard (Winter 2012, Danielle, Georgia State University Law Review, “A NEW ERA FOR DESEGREGATION,” 28 Ga. St. U.L. Rev. 423, Lexis-Nexis Academic, JMP)
A. The Role of the Federal Government The federal government will likely be the
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districts do not actively seek to have the cases terminated. n84

1AC—Solvency

Plan:

The United States federal government, via Section 5 of the Fourteenth Amendment, should regulate K-12 schools that receive public funding by implementing a law that:

n Requires states to affirmatively further racially integrated education

n Explicitly includes a private right of action for parties to sue for equitable relief if states fail to take measures to affirmatively reduce racial isolation in schools

n Creates clear statutory language that confers rulemaking and regulatory authority to the Department of Education’s Office for Civil Rights or an independent agency directed by a career employee, rather than a political appointee, to provide federal oversight and enforcement

n Authorizes and requires action by the Department of Justice for states that refuse compliance

n Funds deliberations that both document the current racial inequities in educational opportunity and funds research, development, and policy replication to provide useful data that may assist states and localities in fostering racially inclusive educational opportunities

n Preserves and strengthens federal, state, and local efforts to protect equal access to educational opportunities

n Increases school funding for inner-city schools

The plan is a comprehensive mechanism to address racial segregation in public education --- congressional action is critical

Epperson, 12 --- Associate Professor of Law, American University Washington College of Law (Winter 2012, Lia, Harvard Law & Policy Review, “SYMPOSIUM: EDUCATION: EQUALITY OF OPPORTUNITY: Legislating Inclusion,” 6 Harv. L. & Pol'y Rev. 91, Lexis-Nexis Academic, JMP)
III. CURRENT JUDICIAL CONSTRAINTS AND LEGISLATIVE IMPERATIVES
In its examination of Section 5
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Amendment to consciously create a remedy for twenty-first century structural ills.

DeVos defers to Congress and the Courts

Green, 6/17/17 (Erica L., The New York Times, “Education Dept. Plans to Scale Back Its Civil Rights Investigations,” Factiva, JMP) *Note --- Candice E. Jackson, the acting head of the DOE’s office for civil rights**
Since her appointment as the education secretary, Ms. DeVos has come under fire
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so in a neutral, impartial manner and as efficiently as possible.''

We are only responsible for whether the plan itself is a moral action

Harris, 8
**PIA = Principle of Intervening Action
(Alex, J.D. Stanford University, Harvard University Bachelors (magna cum laude), Practicing Appellate and Constitutional Law at Gibson, Dunn & Crutcher LLP, former Adjunct Analyst at The Competitive Enterprise Institute, “Philosopher's Corner: The Principle of Intervening Action”, https://cei.org/blog/philosophers-corner-principle-intervening-action, August 15, 2008, ak.)
Gewirth takes the position that we are solely responsible for the morality of our own
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never be violated for any reason, including preventing future rights-violations.

Focus on high-magnitude impacts causes structural violence

Jackson 12—Director of National Center for Peace and Conflict Studies @ uni of otago; Prof on International Politics @ Aberystwyth Uni, editor-in-chief of Critical Studies on Terrorism (Richard, “The Great Con of National Security,” 8/5/12, https://richardjacksonterrorismblog.wordpress.com/2012/08/05/the-great-con-of-national-security/)//JLE
It may have once been the case that being attacked by another country was a
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terrorism. Somehow, we need to challenge the politicians on this fact.

Federal government has superior research and technical assistance to ensure implementation of reforms

Robinson, 15 --- Professor of Law, University of Richmond School of Law (Kimberly Jenkins Robinson, Washington University Law Review, “DISRUPTING EDUCATION FEDERALISM,” 92 Wash. U. L. Rev. 959, Lexis-Nexis Academic, JMP)
C. Focusing Rigorous Federal Research and Technical Assistance on the Most Effective Approaches for
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its understanding of these issues deepens through the implementation of the research agenda.

States don’t have sufficient capital and resources --- and deference to educational federalism blocks effective reform

Robinson, 15 --- Professor of Law, University of Richmond School of Law (Kimberly Jenkins Robinson, Washington University Law Review, “DISRUPTING EDUCATION FEDERALISM,” 92 Wash. U. L. Rev. 959, Lexis-Nexis Academic, JMP)
Introduction
The United States continues to tolerate a longstanding educational opportunity gap. Today
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a significant contributing factor even if other factors also adversely influenced these reforms.

Only the federal government can ensure local buy-in through use of the bully pulpit and media

Robinson, 16 --- Professor, University of Richmond School of Law (November 2016, Kimberly Jenkins Robinson, Harvard Law Review, “FISHER'S CAUTIONARY TALE AND THE URGENT NEED FOR EQUAL ACCESS TO AN EXCELLENT EDUCATION,” 130 Harv. L. Rev. 185, Lexis-Nexis Academic, JMP)
A. Embracing a Comprehensive Federal Response to the Opportunity and Achievement Gaps
The
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states free to adopt relatively weak academic and teacher-qualification standards. n283

Federal government has a superior ability to ensure effective distribution of financial assistance --- creates necessary visibility

Robinson, 15 --- Professor of Law, University of Richmond School of Law (Kimberly Jenkins Robinson, Washington University Law Review, “DISRUPTING EDUCATION FEDERALISM,” 92 Wash. U. L. Rev. 959, Lexis-Nexis Academic, JMP)
D. Distributing Financial Assistance Focused on Closing Opportunity and Achievement Gaps
The federal
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the full spectrum of opportunity and achievement gaps in elementary and secondary education.

***One-shot policies won’t produce lasting change --- federal equal protection is superior --- has an inherently larger enforcement capacity to ensure continued implementation

Black, 10 --- Associate Professor of Law and Director, Education Rights Center, Howard University School of Law (March 2010, Derek, William and Mary Law Review, “UNLOCKING THE POWER OF STATE CONSTITUTIONS WITH EQUAL PROTECTION: THE FIRST STEP TOWARD EDUCATION AS A FEDERALLY PROTECTED RIGHT,” 51 Wm. & Mary L. Rev. 1343, Lexis-Nexis Academic, JMP)
For these same reasons, federal equal protection has the capacity to produce some results
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. This Article provides a viable strategy to make this federal enforcement possible.

**Integrated environments also improve civic attitudes and foster a larger sense of citizenship

Wells et al 16 – Amy Wells: PHD in Education at Columbia, Lauren: PHD in sociology and education, Diana: PHD candidate in Education at Columbia
(Amy, Lauren Fox, Diana Cordova-cobo, 2/9/16, “How Racially Diverse Schools and Classrooms Can Benefit All Students”, https://tcf.org/content/report/how-racially-diverse-schools-and-classrooms-can-benefit-all-students/, MW)
Increased “Democratic Outcomes,” including Engagement in Political Issues and Participation in Democratic Processes
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Even simply being exposed to diversity can change the way you think.”35

**Public schools are critical to challenge the war on education --- they are the only thing that stand between Trump and democracy’s demise

Whitaker 17 — The University of North Georgia (Westry Whitaker, “The Dying of the Light: The Cause to Illuminate in this State of Fragile Democracy” in Deconstructing the Education-Industrial Complex in the Digital Age, January 2017, accessed 7/1/2017)DGV
Giroux (2015) refers to the fact that our democracy
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The survival of our democracy depends on it.//



1AC - Neolib Bad


Contention 1: Neoliberalism


The status quo is dominated by educational systems that treat students exclusively as stocks for profit extraction---these enclosures drive global militarization, environmental destruction and extinction

Means 17 – PhD, Assistant Professor in the Department of Social and Psychological Foundations of Education at SUNY-Buffalo State College. He is the author of Schooling in the Age of Austerity: Urban Education and the Struggle for Democratic Life (Alexander J, et al, “Educational Commons in Theory and Practice Global Pedagogy and Politics,” Ch 1)BB
The present historical moment is one of profound challenges and contradictions. A consolidation of
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and to one another// (De Lissovoy, 2016; Slater, 2014).

Global dispossession and plundering are approaching absolute breaking point---the future of justice and humanity relies on linking anti-neoliberal movements to educational spheres---reframing education policy discourse away from ‘local choice’ and ‘privatization’ prevents extinction

Lipman 11 - professor of Educational Policy Studies and Director of the Collaborative for Equity and Justice in Education @ UIC (Pauline, “The New Political Economy of Urban Education Neoliberalism, Race, and the Right to the City,” p. 146-167)BB
Based on the hopeful experiences in the shadows of the globalization and neoliberalization of our
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, compel us to imagine a new society//” (p. 9).

Don’t trust impact turns---faith in the ability for capitalism to reinvent itself ethically is bourgeoisie propaganda---socialist education is the only path to liberation

Elmore, 13 - Professor and chairperson in the Department of Professional and Secondary Education at West Chester University, Pennsylvania, teaches courses in critical pedagogy, politics of education, history of education, and philosophy of education. (John M.,“Afterword: Teaching Marx in the Neo-liberal Age,” “Teaching Marx : the socialist challenge / edited by Curry Stephenson Malott, Mike Cole, John M. Elmore, Information Age Publishing N.C, 2013, pp. 365-367, Mirlyn)// DK
and thieves rather than the fellow victims of capitalist exploitation that they are. These
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clear and fundamental ingredient to creating a more egalitarian and socially just world.

Neoliberalism is unsustainable---it is the root cause of inequality and the Eurozone crisis

Fassina 13 – Stefano Fassina is a former Italian Deputy Finance Minister. (“Europe: In need of an alternative to neoliberalism”, November 2013, http://www.progressiveeconomy.eu/content/europe-need-alternative-neoliberalism-en)//jkuffour *ableist language modified
Almost six years after the outbreak of the subprime crisis, the US economy is
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further. Otherwise, "Titanic Europe" hits the iceberg of nationalism.

Plan


The United States federal government should provide an educational commons, in elementary and secondary education, that emphasizes participatory democracy, education for full development, equitably funded free public education and education as a tool for liberation.


Contention 2: Solvency


Only the federal government can stop the onslaught of market forces on schools

Sundquist 17– Professor of Law and Director of Faculty Research and Scholarship @ Albany Law School (Christian, “Positive Education Federalism: The Promise of Equality after the Every Student Succeeds Act”; Winter; Accessed through Hein Online)//pk
III. NEGATIVE FEDERALISM AND THE COMPETITIVE MODEL OF PUBLIC EDUCATION
The lofty social
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again on the path towards achieving equality of educational outcome for all students.

Radical restructuring of federal education policy solves---otherwise the remnants of NCLB, RTT, and Common Core place structural constraints on the potentiality of educational commons

Means 17 – PhD, Assistant Professor in the Department of Social and Psychological Foundations of Education at SUNY-Buffalo State College. He is the author of Schooling in the Age of Austerity: Urban Education and the Struggle for Democratic Life (Alexander J, et al, “Educational Commons in Theory and Practice Global Pedagogy and Politics,” Ch 1)//BB
Whether or not we buy into the idea that new forms of digital technology and
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the same time it recognizes the pedagogical foundation of the common as potentiality.

The 1ac’s commitment to fiat-centered debate enables the commons---revolutionary imagination, with a commitment to the future, clarifies pathways to effectively resist neoliberalism

Haiven 17 – PhD, Canada Research Chair in Culture, Media and Social Justice at Lakehead University in Northwest Ontario and director of the ReImagining Value Action Lab (Max, “Commons as Actuality, Ethos, and Horizon,” in Educational Commons in Theory and Practice Global Pedagogy and Politics, Ch 2)//BB
The horizon of the commons might be said to be three things: First,
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to catalyze and improve our capacity for solidarity and care here and now?

Neoliberal education creates docile students unable to critique---the affirmative is the enabling factor for any critical pedagogy

Chris Gilbert 16 - professor of political science (“ Writing and Restoring Democracy: Empathy, Critique, and the Neoliberal Monoculture,” Section 1)
NEOLIBERAL MONOCULTURE While empathy and critique serve as two of the principal threads supporting the
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and possible. We must look to the ELA classroom to see how.

Political nihilism spreads beyond the classroom – it empowers violent conservatives like Trump – forsaking compromise is a dangerous, academic luxury

Claudio, 16 --- assistant professor of development studies and southeast Asian studies at the Ateneo de Manila University (7/1/2016, Lisandro, “Intellectuals have ushered the world into a dangerous age of political nihilism,” qz.com/721914/intellectuals-have-ushered-the-world-into-a-dangerous-age-of-political-nihilism/)
On the surface, it would seem that intellectuals have nothing to do with the
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us have to figure out what to do with the one we have.

Reject appeals to ‘inevitability’ or ‘alt causes’--- educational practice undergirds capitalist expansion and preclude effective challenges to economic oppression---all revolutionary efforts are doomed to failure.

Malott et al 13. Curry, Dave Hill, and Grant Banfield, Assistant Professor of Educational Foundations at West Chester University of Pennsylvania, Research Professor of Education at Anglia Ruskin University, Chelmsford, England and Visiting Professor at the Universities of Limerick, academic worker who sells his intellectual labour to Flinders University in South Australia, “Neoliberalism, Immiseration Capitalism and the Historical Urgency of a Socialist Education,”)HL
Within this context of growing resistance and rebellion, ideological indoctrination (e.g
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, 2012, 2013; Malott, Cole, & Elmore, 2013).

Anti-neoliberal education is a pre-requisite to effectively challenging structural injustices

Paul Carr et al 16–*Paul Carr is a Assistant Professor in the Beeghly College of Education at Youngstown State UniversityPaul L. Thomas is a Professor of Education Furman University*Julie Gorlewski is Assistant Professor at SUNY New Paltz Brad J. Porfilio is the Director of the Doctorate in Educational (Ed.D.) Leadership for Social Justice at CSU (“Where There Is Democracy, Should There Be Decency? Framing the Context, Notion, and Potential for a More " Decent" Democracy,” Ch 1)//pk
In the current socioeconomic climate marked by "accountability"-based reform, there is
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to action in the name of decency and democracy as basic human rights.

Now is key---neoliberal volatility has provided a window of opportunity for counter-hegemonic education alliances---failure to act ensures a continued assault on public education

Lipman 13 - professor of Educational Policy Studies, University of Illinois at Chicago. Her research focuses on race and class inequality in schools, globalization, and the political economy and racial politics of urban education. Her newest book is The new political economy of urban education: Neoliberalism, race, and the right to the city. She is a director of the Collaborative for Equity and Justice in Education, which does community-collaborative research, and is active in coalitions of teachers and community organizations challenging neoliberal education policies in Chicago (Pauline, “Economic crisis, accountability, and the state’s coercive assault on public education in the USA,” Journal of Education Policy, http://dx.doi.org.proxy.lib.umich.edu/10.1080/02680939.2012.758816)BB
The present social conjuncture is highly volatile,// marked by economic and political crisis,
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with a counter-hegemonic movement and a revitalized liberatory discourse and program.