Separate but "equal": banning school desegregation policies.

Separate but "equal": banning school desegregation policies. IN JUNE THE SUPREME COURT RULED 5-4 IN THE cases Parents Involvedin Community Schools v. Seattle School District No. 1 and Meredith v.Jefferson County Board of Education Meredith v. Jefferson County Board of Education is a case heard before the United States Supreme Court in December 2006 regarding racial quotas and explicit racial desegregation in public education. The U.S. that race may not be used as acriterion for desegregating schools. Experts fear that the decisionswill make long-established busing programs, magnet schools magnet schooln.A public school offering a specialized curriculum, often with high academic standards, to a student body representing a cross section of the community. , charterschools and other initiatives aimed at increasing student diversity andeducational opportunity unconstitutional. Senior Editor Gary Stager has collected the views of leadingeducators, policy-makers and law experts to begin a dialogue on thesecritical issues. Let us know how this ruling will impact your districtby contacting zminers@edmediagroup.com. Roadblocks to Racial Diversity Michael Casserly Executive Director, Council of the Great CitySchools Today's troubling decision will make it harder for these andother cities to maintain an integrated student body, prevent racialresegregation re��seg��re��ga��tion?n.Renewal of segregation, as in a school system, after a period of desegregation. , improve academic performance, and build a more equitableand competitive America. The ruling now forbids school systems acrossthe nation from using the same strategies that the federal courts onceordered them to implement. The council is heartened that a majority of the court reaffirmsthat there is a compelling interest in achieving diversity in publicschool classrooms, and that race-conscious strategies can be consistentwith the Constitution. As a practical matter, however, the court hasleft school districts across the land with few viable alternatives forusing race in pursuit of that interest. School districts now have evenfewer options to achieve the racial diversity that was possible beforethe decision. Therefore, the council decries the court's ruling in ParentsInvolved in Community Schools v. Seattle School District No. 1 andMeredith v. Jefferson County Board of Education as a deliberate andpronounced step backwards in the nation's long march toward racialequality. And the council views the Bush administration's stance inpromoting this outcome as deplorable de��plor��a��ble?adj.1. Worthy of severe condemnation or reproach: a deplorable act of violence.2. . Entitlement by Color or Citizenship? Jesse L. Jackson Jr. Congressman, Second Congressional District Noun 1. congressional district - a territorial division of a state; entitled to elect one member to the United States House of Representativesdistrict, territorial dominion, territory, dominion - a region marked off for administrative or other purposes ofIllinois In their recent ruling on school racial integration policies, theSupreme Court could have helped clarify when, where and how publicschool systems can use race in determining which students get limitedspots in competitive programs. Instead, they have created much moreconfusion, frustration and anger. I believe history will demonstrate that this court's alleged"colorblind col��or��blindor col��or-blindadj.Partially or totally unable to distinguish certain colors. " approach will bring us back full circle to Plessyv. Ferguson's 1896 principle that "we can have separate butequal" schools, which sustained the opposite result for 58 years. Brown overturned Plessy on both philosophical and practicalgrounds. Philosophically, if schools are truly equal, why should they beseparate? But practically, history has shown that if public schools areseparate they will not be equal. Seattle will perpetuate per��pet��u��ate?tr.v. per��pet��u��at��ed, per��pet��u��at��ing, per��pet��u��ates1. To cause to continue indefinitely; make perpetual.2. and escalate--not alleviate--our currentseparate and unequal American educational system. I'm not naive enough to believe the court is colorblind anymore than I believe it's politically neutral. But I do believe thathow an issue is framed can help us achieve a more equal and justsociety. In terms of framing the issue, is "racial equality"really the American goal? Today's conventional wisdom consistently appeals to racial andgender equality, i.e., affirmative action affirmative action,in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. is necessary because ofhistoric negative action. And that's true, but isn't the realgoal "equality for all citizens" regardless of race,ethnicity, gender, sexual orientation sexual orientationn.The direction of one's sexual interest toward members of the same, opposite, or both sexes, especially a direction seen to be dictated by physiologic rather than sociologic forces. , handicap or religion? Are weentitled to equality and a just society on the basis of color not of the white race; - commonly meaning, esp. in the United States, of negro blood, pure or mixed.See also: Color (or genderor handicap) of on the basis of our U.S. citizenship? If we are entitledto equal rights and protections under the law as citizens, then equalitybased on citizenship--not race, gender, handicap or class--is the realgoal and the better way of framing the issue. In Rodriguez (1973) the Supreme Court ruled that the Constitutiondoes not grant a citizenship right to an education. But if we add aneducation amendment to the U.S. Constitution that guarantees acitizenship right to a public education of equal high quality--whichobligates Congress to structure and fund such a system, forcing thecourts to deal with this specific language--then we will no longer bearguing over the rights of black and brown children, but over the rightof every American student as a citizen to be guaranteed an equal highquality public educational opportunity. Concurring con��cur?intr.v. con��curred, con��cur��ring, con��curs1. To be of the same opinion; agree: concurred on the issue of preventing crime.See Synonyms at assent.2. with the 5-4 decision, Justice Anthony Kennedy This article is about the Associate Justice of the U.S. Supreme Court. For the Maryland senator, see Anthony Kennedy (Maryland). Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. repeatedthe usual rhetoric by saying the nation "has a moral and ethicalobligation to fulfill its historic commitment to creating an integratedsociety that ensures equal opportunity for all its children." I agree with Justice Kennedy's dream, but I wish he'dwake up and join me in making it a reality. The decision he agreed withdoes nothing to get us there. Transferring Up Jonathan Kozol Veteran educator and author This op-ed piece ran inThe New York New York, state, United StatesNew York,Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times in July. The Supreme Court ruling on school integration came as a blow tothose watching the gradual dismantling dis��man��tle?tr.v. dis��man��tled, dis��man��tling, dis��man��tles1. a. To take apart; disassemble; tear down.b. of Brown v. Board of Education Brown v. Board of Education (of Topeka)(1954) U.S. Supreme Court case in which the court ruled unanimously that racial segregation in public schools violated the 14th Amendment to the U.S. Constitution. with despair. There is, however, some cause for hope. In his concurrence CONCURRENCE, French law. The equality of rights, or privilege which several persons-have over the same thing; as, for example, the right which two judgment creditors, Whose judgments were rendered at the same time, have to be paid out of the proceeds of real estate bound by them. Dict. de Jur. h.t. , JusticeAnthony Kennedy opened up a new avenue for educational justice bycontending that other methods of achieving integration--like revisingschool attendance zones--are constitutionally permissible so long asthey do not sort and label individual children by race. Congress has an opportunity to take advantage of the openingcreated by Justice Kennedy later this year when it reauthorizes thefederal No Child Left Behind act The No Child Left Behind Act of 2001 (Public Law 107-110), commonly known as NCLB (IPA: /ˈnɪkəlbiː/), is a United States federal law that was passed in the House of Representatives on May 23, 2001 . The law gives children the right totransfer from a low-performing school to a high-performing school if thelow-performing school has failed to demonstrate adequate improvement twoyears after being warned of its shortcomings A shortcoming is a character flaw.Shortcomings may also be: Shortcomings (SATC episode), an episode of the television series Sex and the City . Unfortunately, the transfer provision has until now been a bust.Less than 3 percent of eligible children have been able to transfer, inpart because of the scarcity of space in high-performing schools withinmost urban districts. Although the law does not prohibit transfersbetween urban and suburban schools, it offers no inducements to thestates to make this possible. Democrats in the Senate should therefore introduce an amendment toauthorize and make easier cross-district transfers--not on aspecifically race-conscious basis, but solely to fulfill the professed pro��fess?v. pro��fessed, pro��fess��ing, pro��fess��esv.tr.1. To affirm openly; declare or claim: "a physics major intention of the law. There is obvious urgency to this. At present, black children aremore segregated in their public schools than at any time since 1968. Inthe inner-city schools I visit, minority children typically represent 95percent to 99 percent of class enrollment. Not surprisingly, minorityparents overwhelmingly support cross-district transfers. Senator Edward M. Kennedy, whose Education Committee will lead theway in reauthorizing the education law, should develop an amendment topromote cross-district transfers. If Mr. Kennedy supported this proposition he could deal a mightyblow to resurgent re��sur��gent?adj.1. Experiencing or tending to bring about renewal or revival.2. Sweeping or surging back again.Adj. 1. racial concentration--without introducing racialterminology into the debate. For this opportunity, one that was perhapsbestowed unintentionally, we have Justice Anthony Kennedy to thank. Views of a veteran Administrator Deborah W. Meier MacArthur Genius, director and adviser to TheForum for Democracy and Education I can understand why many people of color Noun 1. people of color - a race with skin pigmentation different from the white race (especially Blacks)people of colour, colour, colorrace - people who are believed to belong to the same genetic stock; "some biologists doubt that there are important have lost interest in the1954 Supreme Court decision--because more than half a century laterit's never come to pass. Legally enforceable segregation wasstopped, no small thing. But the promise behind the Brown decision wasstymied by a host of other social, political and economic decisions thatundermined the possibility of natural integration. The majority for the next 50 years made decisions that madeintegration in the places where kids spend 13 years learning about theworld they live in highly unlikely. In 1954 suburban housing andtransportation were subsidized sub��si��dize?tr.v. sub��si��dized, sub��si��diz��ing, sub��si��diz��es1. To assist or support with a subsidy.2. To secure the assistance of by granting a subsidy. by the federal government and werebooming. But we made sure it happened in ways to "naturally"reinforce segregation. Families that were economically better off and white chose the easysolution, a trip to the suburbs. For middle-class blacks, there were also choices, especially onceracial restrictions on housing were loosened. And there were not enoughof them to change the character of the all-poor, all-black or Latinoinner-city schools from being at least integrated by class to being allpoor. Martin Luther King Jr. understood this when he decided that he hadto begin to tackle issues of social class and economic justice, notjust race. We cannot fall for the idea that we can only deal with racism as itaffects test scores, h can't all be dumped into the lap of schoolreform. Cheap NCLB-style reforms are not a substitute for theprogressive reforms needed to restore a level playing field See net neutrality. in America. Schools are important. But schools cannot be the entire civilrights movement of our time. Instead we can use them as one among manyopportunities to organize, promote and insist on equity. The achievement gap is a taboo topic in most schools. It'sbarely discussed in the rooms where mostly white adults gather toexamine gap "data." But kids know. I try to imagine discussingwith kids why year after year headlines proclaim them to be losers basedon their race. Shame on us for letting the recent Supreme Court decision happen.It's not bad luck. The court majority results from our politicalrepresentatives--both Republicans and Democrats. We can overcome, butonce again the ball is in the wrong court. Achieving Diversity Without Race John R. Munich Partner withStinson Morrison Hecker, submitted a brief of amicus curiae amicus curiae(Latin: “friend of the court”) One who assists a court by furnishing information or advice regarding questions of law or fact. A person (or other entity, such as a state government) who is not a party to a particular lawsuit but nevertheless has a in theSeattle case on behalf of social scientists concluding that there are noeducational benefits resulting from diversity in the classroom The decision in Parents Involved sends a strong message toeducators that the use of race comes with much risk. Indeed, while theSupreme Court left open the ability to use race as a factor, the courtmade clear that when race is not considered as part of a broaderspectrum but is "determinative standing alone," its use isunconstitutional. The court's decision was informed by two priordecisions: Bakke and Grutter. The Bakke court articulated an understanding of diversity that wasnot based only on ethnicity, but on other elements like foreign travel,the ability to speak other languages, personal adversity, familyhardship, and community service. Applying that reasoning, the Gruttercourt found compelling student body diversity in the context of highereducation higher educationStudy beyond the level of secondary education. Institutions of higher education include not only colleges and universities but also professional schools in such fields as law, theology, medicine, business, music, and art. . By upholding Grutter, the Supreme Court has provided someinsight into the limited way race may be used as one component tofurther diversity--at least in higher education. Although it would appear that the use of race as a factor ratherthan the factor may withstand judicial scrutiny at the K12 level, itsuse opens up educators to claims of unconstitutionality, resultantliability and, at the least, expensive litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.When a person begins a civil lawsuit, the person enters into a process called litigation. . To avoid runningafoul of a��foul of?prep.1. In or into collision, entanglement, or conflict with.2. Up against; in trouble with: ran afoul of the law.the Fourteenth Amendment Fourteenth Amendment,addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections.Section 1Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens , I would suggest educators exploreother options to achieve a diverse student population. For instance,school districts could employ a matrix of indicators, not based on race,but on other characteristics of individuals' lives. A schooldistrict could begin with some of the factors identified in Grutter. It may also be possible to achieve diversity without the use of amatrix of indicators. Rather than adhering to traditional methods fordetermining school attendance zones, boundaries could be drawn toincorporate neighborhoods with different socio-economic characteristics.Changing the district lines could result in a diverse studentenrollment. To the extent that schools seek to promote diversity, theyneed to understand that diversity means more than race and that theyneed to be creative in achieving that goal in light of the ParentsInvolved decision. Culminating Step Pedro Noguera Professor of Education at New York University New York University,mainly in New York City; coeducational; chartered 1831, opened 1832 as the Univ. of the City of New York, renamed 1896. It comprises 13 schools and colleges, maintaining 4 main centers (including the Medical Center) in the city, as well as the ,Executive Director of the Metropolitan Center for Urban Education The recent court ruling marks the return to legally sanctionedsegregation. Actually, to be fair it is not the same as the pre-BrownJim Crow Jim CrowNegro stereotype popularized by 19th-century minstrel shows. [Am. Hist.: Van Doren, 138]See : Bigotry days because the court has not called for schools to besegregated. Rather, the court has disallowed efforts to counter theeffects of racial segregation Noun 1. racial segregation - segregation by racepetty apartheid - racial segregation enforced primarily in public transportation and hotels and restaurants and other public places in residential patterns, which almostalways affect the racial composition of schools. The Supreme Court has gradually undermined every effort to addressracial segregation in public schools through a series of rulings thathave reduced the ability of school districts to utilize race as a meansto ensure equity in access to schools and their academic programs. Thisnew ruling merely represents the culmination of those gradual smallersteps. Those of us who have followed the changes in the direction of thecourt for the last several years recognize that legal remedies A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g. to racialsegregation and the larger issue of educational equity have often hadlimited utility and efficacy. White and middle-class flight from mostlarge American cities have made integration impossible anyway, and inthe inner-ring suburbs where there tends to be the most diversity, themost pressing issues related to racial justice have been tied to"second-generation discrimination," namely,tracking--disproportionate placement of minority students in specialeducation and racial imbalances in disciplinary practices. It is ironic that at a time when the nation claims to be concernedabout closing the "racial achievement gap," we are also lesswilling to address blatant racial injustice in school funding andeducational opportunity.