Foundations of Education: Hosier v. Evans (1970) A Legal Challenge to Public Policy

1. Foundations of Education:Hosier v. Evans (1970) A Legal Challenge to Public Policy L. Larsen Edu505 Fall 2013

2. Background to the 1960’s in the VI • The 1960’s saw dramatic economic growth and an influx of immigrants into the VI; • Tourism economy, STX and STT and rise of industry in STX- Hess Oil and Harvey Alumina • Workers from the eastern Caribbean sought employment in the service and industrial sectors. • Rise of legal and illegal immigration in the VI • Caused a drain on an infrastructure that was not fully prepared for an increased in population.

3. Challenges to an Educational System • The position of the Department of Education was that the schools was not adequate to accept a large influx of students due to insufficient supplies, space and other appropriate facilities. • The public school enrollment had increased to by 44% from 1961 to 1968. Rise of private and parochial school in the VI in response to this development. (Baby Boom had just begun)

4. Challenges to an Educational System • Historical Perspective • The policy developed by the VIDE was that children of foreign born parents were not eligible for a public education. • Essentially a version of the States rights argument in context of the American South where states limited where black children could go to school and the quality of Education they received (Brown V Bd. Of Ed (Topeka Kansas) Landmark Supreme Court case challenged the right to an equal education)

5. Challenges to an Educational System • Plessy v Ferguson (1896) established the premise of separate but equal facilities – segregation • Brown V Board of Education 1954 overturned segregation in education • Civil rights movement of the 1960s challenged de-facto segregation especially in the South • Civil Rights Act (1964)

6. Challenges to an Educational System • Back to the story- • Children of Eastern Caribbean nationals or “aliens “ as they were called in the 1960s were denied admittance to public schools in the VI. • The denial was based on a perception and a widely held belief that only US citizens were eligible to attend public schools.

7. Challenges to an Educational System • Almond Hosier • From the Village of Willikies, Antigua had moved to the VI from 1953 and was finally able to move his family with him in the mid 60’s. • After unsuccessful attempts to enroll his children in the public schools Hosier with backing from the VI Community Legal Service filed a suit against the VI government in December 1969.

8. Challenges to an Educational System • According to the complaint, LeverneHosier, the 14 year old daughter of Almond Hosier, was a British citizen legally admitted to the VI and lived with her father. • The suit alleged that the VI code provided for a system of education at public expense and provided for the compulsory school attendance for all children .

9. Challenges to an Educational System • It was believed that as the last appointed governor of the VI Melvin Evans has the responsibility to instruct the VIDE to accept all school age children without prejudice. (Hosier v Evans 1970) • Argument of the plaintiff was that the GVI had violated Section 3 of the revised Organic Act and by extension clauses of the 14th amendment to the US Constitution. The Constitution guarantees due process and equal protection to individuals living in the territory. • The Judge that heard the case was Almeric Christian who made reference to the Brown v Bd. of Ed case and pointed out that alien children were not “non persons” but were in fact persons who fell under the Equal Protection Clause of the 14th amendment. • ( in other words the same tactics that were used to success fully extend basic right to blacks after slavery ended were used to give immigrants from the eastern Caribbean full access to the public school system. Same strategy to give blacks rights after slaver were effectively used in a largely black society to extend civil rights to a segment of that society.

10. Challenges to an Educational System • The aftermath of the Hosier v Evans case estimates suggested that as many as 80% of the public school system were non citizens. • A system that was designed for no more than 12, 000 students had to immediately accommodate more than 15,000. • By 1974 the public school population grew to 23,343 students of which 32.5 % or 7,587 were non citizens. • Considerable impact that resulted in overcrowded schools, split sessions, equipment and supply shortages, low student test scores, low teachers pay, and other systemic challenges. Many of which we have not yet fully recovered from or adjusted to as yet. • This short synopsis demonstrates the importance of knowing your history. • We have a more diversified student population today – when we compare education system of today with that before the 1970s.

11. Challenges to an Educational System • Significance of the Hosier V Evans Case • Very similar to the Brown V Board of Education Case • Clearly demonstrates how the social and political environment can impact public policy, • An example of how public policy and established practices can be effectively challenged through case law and Constitutional law through the affirmation of Civil Rights.

12. Challenges to an Educational System • Questions or Comments???