Equity Campaign Says: Ruling on Public School Racial Balance Efforts Is a Setback, but Leaves Some Options
The Campaign for Educational Equity, based at Teachers College,
“While Kennedy’s decision is significant in guarding against a legal precedent that race cannot be considered at all, school officials across the country will be more challenged in their effort to achieve racial integration in practice. This is a setback on the road to a more racially integrated and equal society, but not as bad as it could have been,” said Amy Stuart Wells, Deputy Director of The Campaign and Professor of Sociology and Education at Teachers College. An amicus brief written by Dr. Wells, one of the nation's leading experts on desegregation, was part of the evidence the Court considered in the case.
“By holding that two well-conceived and comprehensive plans for undoing racial isolation in large urban school systems are unconstitutional, a majority of this court has tied the hands of hundreds of locally elected public education officials trying to balance and stabilize their schools,” Wells said. “Such a ruling is clearly out of touch with the values of our increasingly diverse society and the overwhelming evidence of social science research.”
Despite the legal precedent established by the Court in its landmark 1954 decision, Brown v. Board of Education, American schools have steadily re-segregated since the 1980s, as many standing Court orders to districts to integrate were lifted. Today’s decision limits integration efforts even further by making it more difficult for local school officials to devise and implement voluntary – as opposed to court-mandated -- efforts to racially balance their schools.
“Although we strongly disagree with the interpretation of the Fourteenth Amendment adopted by Chief Justice Roberts and three other members of the Court, we are heartened by Justice Kennedy’s concurring decision which leaves the door open for pursuing alternative methods to avoid racial isolation in the public schools,” said Michael A. Rebell, Executive Director of The Campaign for Educational Equity. “Kennedy represented the key swing vote in this 5-4 decision, and that means that his interpretation of the Fourteenth Amendment will be the key precedent in this area.” Justice Kennedy agreed with the Chief Justice and three members of the Court that the particular voluntary desegregation plans in
Enacted in 2001, the
Wells’ brief -- filed through the NAACP Legal Defense and Educational Fund (LDF) and co-signed by Jay Heubert, also of Teachers College; Linda Darling-Hammond, of Stanford University; Jomills Braddock, of the University of Miami; Jeannie Oakes of UCLA, along with Rebell – documents the benefits of integrated schooling, both to graduates themselves and society as a whole. It also chronicles repeated previous rulings of by the Court that support precisely the kinds of integration efforts undertaken by the
Kennedy’s decision, while striking down the
Such measures, Wells notes, are helpful, but are less likely to have kind of comprehensive, systemic impact on racial integration that the
Teachers College’s Campaign for Educational Equity was founded in 2005 to further the College’s commitment to assuring all children access to a more equal and meaningful education. The mission of the Campaign is to study the barriers to greater equality in education and to advocate for policies and practices that assure students from all racial/ethnic and social class backgrounds have equal educational opportunities. Through its research initiative and policy programs, the Campaign is helping to broaden understanding of such opportunities by examining, among other things, the role of community, segregation, and concentrated poverty in the lives of children and in their school experiences.
In November, the Campaign will host a major equity symposium, which will explore the implications of Justice Kennedy’s decision in depth and will consider the broad variety of avenues for helping school districts achieve and maintain racial diversity that are allowed under that ruling. Speakers and presenters will include Legal Defense Fund Director Ted Shaw,
The Symposium will also highlight the research and legal theories that contribute to understanding of Chief Justice Roberts’ decision which, according to Wells, ignores not only solid social science evidence, but also the beliefs of the vast majority of Americans who say that diversity in public education is important for the future of U.S. democracy and America’s standing in a global economy.
“The overwhelming body of evidence shows that integrated education provides benefits not only to minority students, but also majority students and the population at large,” Wells said.
Both Rebell and Wells vowed the The Campaign will work with educators and political leaders to continue to identify constitutionally appropriate methods for helping school districts achieve and maintain public school diversity, since there are strong benefits to the students and society for doing so…
“We stand committed to partnering with local leaders in Louisville, Seattle and other community around the country in pursuit of the crucial goal of diverse, inclusive quality education for all of our children,” said Rebell. “In addition we plan to work with the U.S. Congress to strengthen the No Child Left Behind Act and with state courts which are enforcing educational guarantees in state constitutions to continue to implement the vision of equal educational opportunity which was articulated by the U.S. Supreme Court in Brown.”
To view the full text of the decision or read additional comments by Wells and others reacting to the Supreme Court’s decisions, visit http://scintegration.blogspot.comprevious page