This document discusses the concepts of equity and equality in education. It outlines key laws and court cases that established equal protection and banned discrimination in schools. While schools aim to provide equal access to education, some argue true equity is still lacking, as some students have greater access to advanced courses and resources based on factors outside of school. The document also discusses education theorist Reuven Feuerstein and his view that teachers must mediate learning and promote cognitive functions for all students to achieve equity, regardless of their backgrounds and experiences.

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Equity and Equality
Valerie Stephan-LeBoeuf
Concordia University

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The most obvious example of equality in schools, regardless of district, state, or local
school, is the prohibition against discrimination because of race, color, religion, sex, national
origin, age, or disability in educational programs. This federal ban against discrimination is
mandated by Federal Law in Title VI and VII of the Civil Rights Act of 1964; Title IX of the
Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; and the
Americans with Disabilities Act of 1990. (Idaho State Department of Education, 2015).
Although the “equal protection clause” of the 1868 Fourteenth Amendment of the U.S.
Constitution provides that no one shall be deprived of “due process of law” or “equal protection
of the law,” it wasn’t until the landmark 1954-1955 case, Brown vs. Board of Education that
education was established as a right which must be available to all on equal terms, and that
“…the doctrine of ‘separate but equal’ has no place” in the schools. (United States Courts, n.d.).
Within the local schools that my daughters attend, this equal right and equitable right to
an education manifests itself by non-segregation of protected groups, Free and Appropriate
Education (FAPE) for special needs students, and English as a Second Language (ESL)
programs. However, other equitable rights are sometimes compromised as students are often
separated into advance placement courses based on proficiency in subjects; proficiency that may
be the result of opportunities for learning and/or training that those students received outside of
the classroom setting. Other students are excluded from these enhanced courses because of
current testing scores, and they continue their public education without equal access to additional
resources that might enhance their learning abilities as well.
After World War II and while working with children who had survived the Holocaust,
Reuven Feuerstein “noted how parents, siblings, and other significant individuals can impact the
learner from the earliest years, [and] … that many children, denied this interaction [with

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significant individuals because of] poverty, racism, or other negative environmental conditions,
failed to develop their learning capabilities.” (Rodriguez, p. 17, 2006). Feuerstein developed,
what he felt were the “10 criteria of interaction” that are necessary for future student learning.
(Rodriguez, p. 17, 2006). Specifically, Feuerstein’s criteria include “interaction - intentionality
and reciprocity, meaning, transcendence, competence, self-regulation and control of behavior,
sharing behavior, individuation, goal planning, challenge, and self-change.” (Rodriguez, pp. 18-
19, 2006). To promote success in learning for all students, “Feuerstein adapted the inquiry
strategies that he had learned as a child psychologist and teacher” and labeled these strategies as
“mediation.” (Rodriguez, p. 18, 2006). Thus, mediation is the “essential tool” for teachers to
promote the necessary “cognitive functions” for learning. (Rodriguez, p. 18, 2006).
The classroom mediator, the teacher, is responsible for controlling “stimuli that
bombard[s]” students, filters the stimuli, and guides students to “develop their own way of
filtering those stimuli that promote learning from those that distract.” (Rodriguez, p. 17, 2006).
According to Rodriguez, using “tools that challenge the multiple intelligences in a classroom, the
teacher can assess both the knowledge and the students’ ability to use the knowledge in
meaningful ways.” (p. 23, 2006).
To bring equity between students, teachers can “use TESA methods…ask why
questions…[apply equitable distribution and] wait time to all students…” and introduce higher
cognitive learning tools such as “graphic organizers, cooperative learning, hypothesizing, and
summarizing in all content areas on a regular basis.” (Rodriguez, p. 26, 2006).
Using “intentionality,” that is, requiring that the student focus specifically on the task at
hand, the student will respond in a more focused state “called reciprocity.” (Rodriguez, p. 37,
2006). A successful teacher then should work to engage students in the lesson and/or project, and

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“go beyond the specifics of the lesson and make more generalized connections.” (Rodriguez, pp.
38-39, 2006). Using methods such as “checking prior knowledge…structuring the task….looking
back and reflecting…and [finally] bridging forward” the information into other topic areas
and/or life experiences. (Rodriguez, pp. 40-43, 2006). As, “[t]he assimilation of meaning begins
with what we learn as children…mediation of meaning is a necessary and powerful learning tool
for all children who have experienced damage to their cultural roots.” (Rodriguez, p. 60, 2006).
“[T]hinking about thinking” then enables a student to make “connections with higher-order goals
and purposes.” (Rodriguez, pp. 62, 74, 2006).

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References
Idaho State Department of Education. (2015). Special Education Manual. Retrieved from
https://www.sde.idaho.gov/site/special_edu/docs/manual/SPED%20Manual%202015.pdf
Rodriguez, Eleanor R. (2006). What Is It About Me You Can't Teach?: An Instructional Guide
for the Urban Educator, 2nd Edition. [VitalSource Bookshelf version]. Retrieved from
https://mbsdirect.vitalsource.com/#/books/9781483334110
United States Courts. (n.d.). History of Brown v. Board of Education. Retrieved from
http://www.uscourts.gov/educational-resources/get-involved/federal-court-
activities/brown-board-education-re-enactment/history.aspx