Grade 8: Module 3B: Unit 1: Lesson 12
End of Unit Assessment: Fishbowl Discussion,
Part 2: Comparing Conflicting Claims about
Plessy v. Ferguson: The Dissenting Opinion
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GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Long-Term Targets Addressed (Based on NYSP12 ELA CCLS)
I can effectively engage in discussions with diverse partners about eighth-grade topics, texts, and issues. (SL.8.1)
I can analyze a case in which two or more texts provide conflicting information on the same topic and identify where the texts disagree on matters of fact or
interpretation. (RI.8.9)
I can cite text-based evidence that provides the strongest support for an analysis of an informational text. (RI.8.1)
Supporting Learning Targets
Ongoing Assessment
• I can participate in a Fishbowl discussion about two different responses to the Plessy v. Ferguson case.
• Mid-Unit 1 Assessment: Fishbowl Speaking Notes: The
Dissenting Opinion (from Lesson 7)
• I can listen to others and build on their ideas during the Fishbowl discussion.
• I can analyze how the authors of the court’s decision and the dissenting opinion on Plessy v. Ferguson
disagree on matters of fact and interpretation.
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Outward Bound, Inc.
• End of Unit 1 Assessment: Fishbowl Discussion, Part 2:
Comparing Conflicting Claims on Plessy v. Ferguson:
The Dissenting Opinion
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 1
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Agenda
Teaching Notes
1. Opening
• This lesson is the second half of a two-day Fishbowl discussion based on the Plessy v. Ferguson case of
1896. The Fishbowl is the End of Unit 1 Assessment and assesses students’ ability to analyze conflicting
claims on the case: the court’s decision and Justice John Marshall Harlan’s dissenting opinion. The
historical content of this discussion builds background knowledge about the legislation that created the
segregated world Carlotta Walls encounters in A Mighty Long Way.
A. Engaging the Reader: Reviewing Discussion Goals
(5 minutes)
2. Work Time
A. End of Unit 1 Assessment: Fishbowl Discussion,
Part 2: Comparing Conflicting Claims on Plessy v.
Ferguson (20 minutes)
B. Fishbowl Debrief (10 minutes)
3. Closing and Assessment
A. Post-Fishbowl Exit Ticket (10 minutes)
4. Homework
A. Read Chapter 6 of A Mighty Long Way and
complete the structured notes.
• In this lesson, students continue to work in the same pairs from the previous lesson. The student
experts on the dissenting opinion sit in the inside circle during this lesson, while the student experts on
the court’s decision sit behind their partners in the outside circle.
• Before the discussion in Lesson 11, students set personal discussion goals using the Fishbowl Discussion
Rubric and the Fishbowl discussion goals. During the Opening of this lesson, students who did not
participate in the first Fishbowl discussion will need review their goals before the Fishbowl begins.
• During the Fishbowl discussion, students in the outside circle take notes on the Fishbowl Listening
Notes: The Dissenting Opinion regarding what they hear and learn during the discussion. After the
discussion, they will share these findings with their partner.
• Students in today’s Fishbowl will need their copy of Plessy v. Ferguson: Key Excerpts from the
Dissenting Opinion and their Fishbowl Speaking Notes: The Dissenting Opinion from previous lessons
for the discussion.
• In advance: Review Fishbowl Discussion protocol (see Appendix).
• Post: Learning targets; Class goal for the Fishbowl (see Opening).
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© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary Learning
Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 2
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Lesson Vocabulary
Materials
• Plessy v. Ferguson Fishbowl Rubric (from Lesson 11; students’ own)
• Plessy v. Ferguson Fishbowl discussion goals (from Lesson 11; students’ own)
• Plessy v. Ferguson: Key Excerpts from the Dissenting Opinion (from Lesson 7; students’ own)
• Mid-Unit 1 Assessment: Fishbowl Speaking Notes: The Dissenting Opinion (with teacher feedback, collected in Lesson 8)
• Fishbowl Listening Notes: The Dissenting Opinion (one per student in outside circle)
• Timer
• Document camera
• Fishbowl Sentence starters (from Lesson 8;)
• End of Unit 1 Assessment: Fishbowl Discussion, Part 2: Comparing Conflicting Claims on Plessy vs. Ferguson: The
Dissenting Opinion (one per student and one to display)
• Mid-Unit 1 Assessment: Fishbowl Speaking Notes: The Dissenting Opinion (from Lesson 7; for teacher reference)
• Plessy v. Ferguson Fishbowl exit ticket (one per student)
• Plessy v. Ferguson Fishbowl exit ticket (for teacher reference)
• A Mighty Long Way Structured Notes, Chapter 6, pages 99–123 (one per student)
• A Mighty Long Way Supported Structured Notes, Chapter 6, pages 99–123 (optional; for students needing extra support)
• A Mighty Long Way Structured Notes Teacher’s Guide, Chapter 6, pages 99–123 (for teacher reference)
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary Learning
Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 3
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Opening
Meeting Students’ Needs
A. Engaging the Reader: Reviewing Discussion Goals (5 minutes)
• Explain that today is the second day of the two-part Fishbowl discussion. Today’s discussion will focus on the dissenting
opinion. Review the goal you set for the class in the previous lesson. Read aloud the goal on the board or document camera:
• Some students will benefit from
having more concrete examples of
discussion goals to choose from.
Consider providing these students
with a list of sample goals for the
discussion and letting them choose
which ones they would like to work
on, rather than having them write
their own goals.
* “I will interact with my peers to build a rich discussion, not just wait for and answer my teacher’s questions.”
• Give students some specific feedback on this goal from the previous lesson’s Fishbowl. Remind them that you are looking
forward to standing back and allowing them to conduct the discussion independently, intervening only to guide them and
keep the conversation going.
• Remind students that in the previous lesson, they determined two or three goals to work toward during the Fishbowl
discussion. Ask students who will be participating in the inside circle of today’s Fishbowl to take out their Plessy v.
Ferguson Fishbowl Rubric and Plessy v. Ferguson Fishbowl discussion goals.
• Give students a few minutes to go over their goals silently, adding to them as necessary.
• Return the Mid-Unit 1 Assessment: Fishbowl Speaking Notes: The Dissenting Opinion.
• Give students several minutes to review your feedback.
• Afterward, tell students they will now transition into the Fishbowl discussion. As needed, review the Fishbowl Discussion
protocol briefly.
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary Learning
Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 4
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Work Time
Meeting Students’ Needs
A. End of Unit 1 Assessment: Fishbowl Discussion, Part 2: Comparing Conflicting Claims on Plessy v.
Ferguson (20 minutes)
• Consider modifying the Fishbowl
sentence starters for struggling
readers or students who need more
processing time. Cut the list down to
three basic sentence starters and
put each one underneath a heading
such as: “When You Agree,” “When
You Disagree,” and “When You
Have a Question.”
• Tell students who will be focusing on the dissenting opinion to bring their copy of Plessy v. Ferguson: Key Excerpts
from the Dissenting Opinion; Fishbowl Speaking Notes: The Dissenting Opinion; and Plessy v. Ferguson
Fishbowl Rubric to their seat in the inside circle. Tell the remaining students to bring their Fishbowl Listening Notes:
The Dissenting Opinion and Plessy v. Ferguson Fishbowl Rubric to their seat behind their partners in the outside circle.
• Explain to students that you will set a timer and ask some questions to get them started in the Fishbowl discussion, but that
they should focus on talking to each other, rather than just answering your questions. Remind them that they can do this by
making eye contact with those in the circle and working to draw others into the discussion. Use a document camera to
display and have students take out their Fishbowl Sentence starters and encourage students to use them throughout
discussion.
• Distribute the End of Unit 1 Assessment: Fishbowl Discussion, Part 2: Comparing Conflicting Claims on
Plessy vs. Ferguson: the Dissenting Opinion to each student and display a copy using a document camera.
• Set the timer for 15 minutes and begin the discussion by asking:
* “From your perspective, what was the gist of this text?”
• After a few students have shared their understanding of the text’s gist, ask:
* “How does the Justice Harlan interpret the 14th Amendment to defend his opinion?”
* “What do you think about Justice Harlan’s interpretation of the 14th Amendment?”
* “What other support does Harlan use to defend his opinion?”
* “How does Harlan’s opinion differ from the court’s decision?”
• Consider preparing students who
need more processing time or who
struggle with speaking in front of
others by giving them a list of the
other perspectives/roles in the
discussion beforehand.
• Use the questions listed as a guide
for the Fishbowl discussion, not as a
script. This allows students to take
charge of the discussion, bringing
up questions and points they deem
important, resulting in a more
authentic discussion
• Encourage all students to respond to the questions.
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© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary Learning
Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 5
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Work Time (continued)
Meeting Students’ Needs
• Choose from the following questions to engage students further in the discussion. If the discussion runs out of steam at any
point, return to this list of questions and ask a new one to keep students thinking:
* “How does Justice Harlan use the 13th Amendment in his argument?”
* “How did the railroad law affect a mixed race individual?”
* “What role did the Plessy v. Ferguson case play in segregation in the United States?”
• Refer to the Fishbowl Speaking Notes: The Dissenting Opinion (Lesson 7; for teacher reference) as needed throughout the
discussion.
B. Fishbowl Debrief (10 minutes)
• Give students in the outside circle 3 minutes to complete their listening notes, and invite students in the inside circle to
complete the self-reflection of the goals on their Fishbowl discussion goals.
• Tell students to meet with their partners. Give them 2 minutes for the person in the outside circle to share reflections on
what they heard/learned during the discussion and 2 minutes for the person in the inside circle to share reflections.
• Cold call two or three students who were in the inside circle during today’s discussion and ask them to share out something
they learned.
• Share with students an important piece of information they should recognize is that Justice Harlan’s dissenting opinion,
which they just discussed, was eventually shared by the United States Supreme Court.
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary Learning
Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 6
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit Assessment:
Fishbowl Discussion, Part 2: Comparing Conflicting
Claims about Plessy v. Ferguson: The Dissenting Opinion
Closing and Assessment
Meeting Students’ Needs
A. Post-Fishbowl Exit Ticket (10 minutes)
• Distribute the Plessy v. Ferguson Fishbowl exit ticket. Review the instructions aloud with students. Explain that the
exit ticket asks them to consider the differences between the two sides of the case, as well as its potential impact on different
people. Invite them to reflect and write silently.
• When students have completed the exit ticket, provide specific, positive feedback on their performance participating in and
listening to the Fishbowl discussion today.
• Collect the exit tickets and use the Plessy v. Ferguson Fishbowl exit ticket (for teacher reference) to support your
assessment of students.
• Distribute A Mighty Long Way structured notes, Chapter 6, pages 99–123 for homework.
Homework
Meeting Students’ Needs
• Read Chapter 6 of A Mighty Long Way and complete the structured notes.
• Provide struggling learners with the
supported structured notes for
additional scaffolding as they read
the memoir.
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary Learning
Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 7
Grade 8: Module 3B: Unit 1: Lesson 12
Supporting Materials
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Exempt third-party content is indicated by the footer: © (name of copyright holder). Used by permission and not subject to Creative Commons license.
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
Fishbowl Listening Notes:
The Dissenting Opinion
Directions: As you listen to the information being shared in the inside circle, answer the following
questions.
What
information is
new to you?
What thinking
is new to you?
What questions
do you have?
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 9
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
End of Unit 1 Assessment: Fishbowl Discussion, Part 2: Comparing Conflicting Claims
on Plessy vs. Ferguson: The Dissenting Opinion
• From your perspective, what was the gist of this text?
•
How does the Justice Harlan interpret the 14th Amendment to defend his opinion?
• What do you think about Justice Harlan’s interpretation of the 14th Amendment?
• What other support does Harlan use to defend his opinion?
• How does Harlan’s opinion differ from the court’s decision?
• How does Justice Harlan use the 13th Amendment in his argument?
• How did the railroad law affect a mixed race individual?
• What role did the Plessy v. Ferguson case play in segregation in the United States?
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 10
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
Plessy v. Ferguson Fishbowl Exit Ticket
1. Varying Claims
What are the overall
differences in the arguments
made by the court and
Justice Harlan? Use the best
evidence to support your
answer.
2. Varying Perspectives
Select one of the following
and write a
response about how the law
would affect the individual
and situation you choose:
A black man or woman using
a drinking fountain
A white restaurant customer
A mixed race bus passenger
Use evidence
from the texts and
common sense to support
your answer.
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 11
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
Plessy v. Ferguson Fishbowl Exit Ticket
(For Teacher Reference)
1. Varying Claims
What are the overall
differences in the arguments
made by the court and
Justice Harlan? Use the best
evidence to support your
answer.
2. Varying Perspectives
Select one of the following
and write a
response about how the law
would affect the individual
and situation you choose.
A black man or woman using
a drinking fountain
A white restaurant customer
A mixed race bus passenger
The overall differences in the two perspectives in this case
are the interpretation of the Constitution and each side’s
opinion about the intended affect of the law. The court
decided that separating blacks and whites does not violate
the rights of black Americans afforded by the Constitution
and that the intention of the law is to maintain social
norms. The dissenting opinion states that the law does
violate the rights of black Americans because it gives them a
“badge” of being less than whites. Harlan argues that the
intention of the law is to divide black Americans and take
away their rights.
This law would most likely affect a mixed race bus
passenger negatively. Any person appearing black
according his or her features and skin color would be
required to sit in a separate area of the bus. The worst part
is that determining the person’s race would be up to a bus
driver. I imagine it being an uncomfortable and maddening
experience for someone to make a judgment about your
race based only on your looks. A bus driver would have no
way of knowing someone’s racial or cultural background,
and could easily make mistakes. These frustrating mistakes
would affect mixed race passengers by making them feel
uncomfortable and inferior.
Use evidence
from the texts and
common sense to support
your answer.
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© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 12
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
A Mighty Long Way Structured Notes, Chapter 6, Pages 99–123
What is the gist of what you read?
Carlotta writes, “in this battle, the segregationists forced everybody to choose sides. If you weren’t
with them all in the way in words and deeds, there was no middle ground. You were against them.”
She is describing the four groups of people she encountered at Central. How did the battle lines set up
the groups?
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© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 13
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
A Mighty Long Way Structured Notes, Chapter 6, Pages 99–123
Why might the people who could be kind to the black students be able to do so without drawing the
abuse of the tormentors?
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 14
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
A Mighty Long Way Supported Structured Notes, Chapter 6, Pages 99–123
Summary of Chapter 6, pages 99–123
Once inside the walls of Central High, normal high school experiences do not appear for the Little
Rock Nine. They experience constant abuse and harassment—walking on heels, taunting, being
bumped to the floor, spitting, jabbing. The soldiers escorting the students often cannot or do not do
much to protect them from the abuse. Mrs. Bates processes and documents the harassment each
day with the students. Faubus announces that the best thing to happen would be for the black
students to choose to withdraw voluntarily from the school. Minniejean is suspended and then
expelled because she loses her temper and dumps chili on a white student (responding to the abuse
violated a direct rule given by Superintendent Blossom). Bomb scares begin to happen at the
school, and a few times bombs or parts of bombs are found. Carlotta begins to realize that there
are different types of people at the school in terms of how they treat the Little Rock Nine.
Carlotta writes, “in this battle, the segregationists forced everybody to choose sides. If you weren’t
with them all in the way in words and deeds, there was no middle ground. You were against them.”
She is describing the four groups of people she encountered at Central. How did the battle lines set up
the groups?
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 15
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
A Mighty Long Way Supported Structured Notes, Chapter 6, Pages 99–123
Why might the people who could be kind to the black students be able to do so without drawing the
abuse of the tormentors?
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 16
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
A Mighty Long Way Structured Notes , Chapter 6, Pages 99––123
Teacher’s Guide
Summary of Chapter 6, pages 99–123
Once inside the walls of Central High, normal high school experiences do not appear for the Little
Rock Nine. They experience constant abuse and harassment—walking on heels, taunting, being
bumped to the floor, spitting, jabbing. The soldiers escorting the students often cannot or do not do
much to protect them from the abuse. Mrs. Bates processes and documents the harassment each
day with the students. Faubus announces that the best thing to happen would be for the black
students to choose to withdraw voluntarily from the school. Minniejean is suspended and then
expelled because she loses her temper and dumps chili on a white student (responding to the abuse
violated a direct rule given by Superintendent Blossom). Bomb scares begin to happen at the
school, and a few times bombs or parts of bombs are found. Carlotta begins to realize that there
are different types of people at the school in terms of how they treat the Little Rock Nine.
Carlotta writes, “in this battle, the segregationists forced everybody to choose sides. If you weren’t
with them all in the way in words and deeds, there was no middle ground. You were against them.”
She is describing the four groups of people she encountered at Central. How did the battle lines set up
the groups?
The tormentors were obviously aligned with the segregationist groups and probably
reflected the extremist attitudes of their parents and other family members. The
students Carlotta describes as sympathetic but not doing anything about the abuse they
witnessed seem to feel conflicted, yet the desire to avoid the abuse of the tormentors
wins out. The students who “chose not to see” were probably also afraid of the
tormentors and so chose to ignore the entire situation. Only a very small number of
people, teachers and students alike, were able to withstand crossing the line into
“enemy territory” by showing actual kindness to the black students.
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 17
GRADE 8: MODULE 3B: UNIT 1: LESSON 12
A Mighty Long Way Structured Notes , Chapter 6, Pages 99––123
Teacher’s Guide
Why might the people who could be kind to the black students be able to do so without drawing the
abuse of the tormentors?
The teacher who “chose to see” Carlotta had been in the Korean War and had probably
seen enough violence in the war. The few examples of those rare students who were
kind were people who were most likely more widely accepted and popular with peers:
the American Bandstand dancer, an upperclassman, and the athletic girl in the gym.
Created by Expeditionary Learning, on behalf of Public Consulting Group, Inc.
© Public Consulting Group, Inc., with a perpetual license granted to Expeditionary
Learning Outward Bound, Inc.
NYS Common Core ELA Curriculum • G8:M3B:U1:L12 • February 2014 • 18