The False Notion of “Race-Neutrality”: How Legal Battles in Higher Education Undermine Racial Equity

Garces, Liliana M.

doi:10.1080/00091383.2020.1732778

Cited by 7 publications

(4 citation statements)

References 5 publications

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“…This study raises important questions about the limitations of compliance culture in higher education and the need for professors, staff, and administration to move beyond compliance to meet the access needs of multiply-marginalized Black and Brown dis/abled students. In much the same way admissions and other institutional policies rest on notions of color-evasiveness and race-neutrality (Garces, 2020; Morfin et al, 2006), DRC and institutional policies and practices need to be scrutinized for the ways in which they perpetuate racist ableism.…”

Section: Discussionmentioning

confidence: 99%

Theorizing Racist Ableism in Higher Education

Mireles

2022

Teachers College Record: The Voice of Scholarship in Education

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Background/Context: Although research on the experiences of multiply-marginalized Black and Brown students with dis/abilities in higher education is limited, this growing body of work indicates that these students navigate racialized perceptions of ability, which impact their experiences on college and university campuses. This research highlights the need for intersectional frameworks that consider students’ multiple identities and the limitations of single-identity–focused frameworks. Purpose/Objective/Research Question/Focus of Study: Centering the counternarratives of 10 Black and Brown undergraduate students with dis/abilities across five college and university campuses, this article uses critical race theory (CRT), disability critical race theory (DisCrit), and racist nativism to develop a conceptual framework of racist ableism. Racist ableism bridges CRT, DisCrit, and racist nativism to describe how particular forms of ableism, informed by racist attitudes and beliefs, oppress and dehumanize Black and Brown people based on actual or perceived (or, inversely, lack of perceived) dis/ability, thereby reinforcing the relationship between whiteness and ability. Research Design: I examined the counternarratives of 10 Black and Brown undergraduate students who identified or have the lived experience of dis/ability. Counternarratives allowed me to center the stories of students. I identify three overarching findings: (1) Black and Brown dis/abled students navigated racialized perceptions of intelligence, productivity, and academic capability; (2) Black and Brown dis/abled students were pathologized as lazy and/or deviant, which minimized or erased their access needs; and (3) Black and Brown dis/abled students resisted racist ableist discourses. Conclusions/Recommendations: The counternarratives of students reveal how racialized perceptions of ability shaped their experiences interacting with staff and their ability to access institutional supports such as accommodations. They also reveal the critical raced-disabled epistemologies of Black and Brown students who identify or have been labeled as dis/abled. Their counternarratives highlight the need for: (1) intersectional frameworks that account for the ways in which racism and ableism are interconnected, and (2) race-conscious policies and practices that consider their multidimensional identities.

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Section: Discussionmentioning

confidence: 99%

Theorizing Racist Ableism in Higher Education

Mireles

2022

Teachers College Record: The Voice of Scholarship in Education

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“…Crawford's (2021) study of marijuana allowance also shows the harms this myth perpetuates with regards to policy implementation, demonstrating how groups experience the benefits and burdens of a purportedly race-neutral policy differently along racial lines (Carter et al, 2017, Garces, 2020Marisco, 2017) The Racist Administrative State Today…”

Section: The Racist History Of the Administrative Statementioning

confidence: 99%

“…Given this history, public administrators have played a “central, though largely unexplored, role in the interpretation and administration of government policies that positioned people outside of the state or maintained their subordinate status on the basis of race” (Alexander & Stivers, 2010, p. 578). Crawford’s (2021) study of marijuana allowance also shows the harms this myth perpetuates with regards to policy implementation, demonstrating how groups experience the benefits and burdens of a purportedly race-neutral policy differently along racial lines (Carter et al, 2017; Garces, 2020; Marsico, 2017).…”

Section: The Racist History Of the Administrative Statementioning

confidence: 99%

Playing Offense: How Athletes are Impacting a Changing Administrative State

Thomas

Daniel

2022

Administration & Society

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The start of the 2020s presents a broken American administrative system plagued by state ineptitude in a time of turmoil and government distrust. In their protests, marginalized citizens have seen their voices amplified by integral parts of their communities for whom they have cheered: Athletes. This Perspective draws attention to the idea of super citizens and their ability to influence policy. We argue that Black athlete activism that centers their social reality and legitimizes Black Lives Matter for broader populations is one example of a punctuated equilibrium that work to achieve administrative state change.

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“…Notably, this is a shift from the Brown approach where SCOTUS explicitly identified racial issues. Scholars have conceptualized "race-neutral" approaches as "race evasive" (Garces, 2020). Race-conscious policies can further racial diversity and are a pressing need amidst a global crisis in which incoming students face exacerbated inequalities.…”

Section: Students From Underresourced Communitiesmentioning

confidence: 99%

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

Muñiz

2021

AERA Open

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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 exposes issues of educational inequity. In this context, policymakers bear the responsibility to adopt policies that promote educational equity. The study brings educational law and policy issues in the COVID-19 context to the fore of the educational equity discourse within the educational research community and has implications for policy and practice as well. The study is of import as educational researchers continue to examine the impact of COVID-19 across numerous social contexts and disciplines.

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The False Notion of “Race-Neutrality”: How Legal Battles in Higher Education Undermine Racial Equity

Cited by 7 publications

References 5 publications

Theorizing Racist Ableism in Higher Education

Theorizing Racist Ableism in Higher Education

Playing Offense: How Athletes are Impacting a Changing Administrative State

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

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