Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown

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Afrocentric Schools and Their Potential for Improving Black Student Achievement While Upholding Brown Fordham Urban Law Journal Volume 47 Number 4 Symposium: Urban Intelligence and Article 12 the Emerging City 2020 The Path Less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement while Upholding Brown Chaz Rotenberg Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Recommended Citation Chaz Rotenberg, The Path Less Traveled: Afrocentric Schools and Their Potential for Improving Black Student Achievement while Upholding Brown, 47 Fordham Urb. L.J. 1173 (2020). Available at: https://ir.lawnet.fordham.edu/ulj/vol47/iss4/12 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE PATH LESS TRAVELED: AFROCENTRIC SCHOOLS AND THEIR POTENTIAL FOR IMPROVING BLACK STUDENT ACHIEVEMENT WHILE UPHOLDING BROWN Chaz Rotenberg* Introduction ........................................................................................... 1174 I. A History of the Afrocentric School Movement ........................... 1178 A. The Rise, Fall, and Reemergence of Afrocentric Schools Nationwide ............................................................ 1178 i. Other “Centric” Schools ................................................. 1181 ii. Education Inequality in the United States .................. 1182 B. Afrocentric Schools in New York City ............................... 1184 i. Rampant Inequality and Segregation in New York City Schools ................................................................... 1184 ii. The Reemergence of Afrocentric Schools within New York City .............................................................. 1187 II. The Diverse Spectrum of the Afrocentric Schools Debate ........ 1189 A. Proponents of Afrocentric Schools .................................... 1189 B. Opponents of Afrocentric Schools ..................................... 1194 C. Comparing the Legal Arguments of Proponents and Opponents ........................................................................... 1197 i. “Separate Is Inherently Unequal” ................................. 1198 ii. Eliminate Feelings of Inferiority .................................. 1199 III. The Push for an Afrocentric Education Requires New York City to Invest ................................................................................... 1203 A. Policy Benefits and Moral Justifications for Afrocentric Schools ................................................................................. 1204 * J.D., 2021, Fordham University School of Law; B.A., 2015, University of Michigan. Thank you to the editors and staff of the Fordham Urban Law Journal for their patience and dedication. Thank you as well to Professor Aaron Saiger for encouraging me to pursue this topic in his Education Law course, Professor Tanya Hernandez for introducing me to perspectives and sources I had not previously considered, and Natasha Babazadeh for pushing me to think more critically about the Note’s structure and argument. 1173 1174 FORDHAM URB. L.J. [Vol. XLVII B. Resolving the Legal Issues Surrounding Black-Immersion Schools .................................................. 1205 C. Proposals for Advancing Immersion Schools .................... 1207 i. Limited Data Calls for Further Research ..................... 1207 ii. Make Charter Approval Easier for Immersion Schools ........................................................................... 1209 Conclusion ............................................................................................. 1211 INTRODUCTION At Ember Charter School, an Afrocentric lower middle school nestled into Brooklyn’s Bedford-Stuyvesant neighborhood, students develop mental resilience through an African-centered curriculum.1 Children of any race may apply to Ember,2 but currently, of its 523 students, 516 are Black3 or Latinx.4 Ember prides itself on Black leadership and embraces an educational model centered around the experiences of its students, many of whom are at-risk or underserved.5 The curriculum emphasizes that the world existed before 1492 and Christopher Columbus’s conquest and colonization of the Americas, focusing on African culture and history.6 Students frequently attend school trips so that they can connect to their heritage.7 Parents choose Ember because teachers and students physically and culturally resemble their children.8 They say that 1. See Larisa Karr, Re-Emerging Demand Seen for City’s Afrocentric Schools, CITY LIMITS (Feb. 18, 2020), https://citylimits.org/2020/02/18/re-emerging-seen-for-citys-afrocentric-schools/ [https://perma.cc/626E-EXDV]. 2. See Eliza Shapiro, ‘I Love My Skin!’: Why Black Parents Are Turning to Afrocentric Schools, N.Y. TIMES (Jan. 8, 2019), https://www.nytimes.com/2019/01/08/nyregion/afrocentric-schools-segregation-brookl yn.html [https://perma.cc/LF6N-PMAU]. 3. This Note purposefully capitalizes “Black” and “White” when referring to individuals or groups of people. However, it uses lowercase when referencing institutions or concepts, such as “white schools” or “white privilege.” 4. Ember Charter School Enrollment (2018–19), N.Y. STATE DEP’T EDUC., https://data.nysed.gov/enrollment.php?year=2019&instid=800000067236 [https://perma.cc/3BKN-BQFE] (last visited May 31, 2020). 5. Id. 6. See Karr, supra note 1. 7. See id. After returning from a recent six-week trip to South Africa, one 14-year-old Ember student reflected, “It was an opportunity for me to learn more about my history, learn more about the struggles and actually see it for myself.” Id. 8. Ember Charter School receives 500 applications each year for about 90 available seats. See id. 2020] THE PATH LESS TRAVELED 1175 Ember embodies “self-determination” in the neighborhood, unlike many of the local public schools.9 Plenty of Black parents are deeply dissatisfied with New York City’s public schools.10 Public schools in Brooklyn are hemorrhaging students at an alarming rate, along with the per-pupil funding.11 A 20-minute walk from Ember, P.S. 25 Eubie Blake School has only 82 students enrolled, despite its four-story building that has a capacity for about 1000 students.12 At P.S. 5 Dr. Ronald McNair (a 10-minute walk from Ember), they cannot afford to staff its brand-new music program and science lab with full-time teachers.13 Some parents also complain about a lack of discipline and structure in public schools.14 One mother kept her son out of public schools in part because of her experience as a Brooklyn public school student: “Kids used to run amuck . [Y]ou had your teachers who cared. And then you had a lot of teachers who really didn’t care.”15 Black parents’ growing frustration with public education has led them to yearn for alternative solutions.16 There are many reasons why New York public schools have diminished.17 Some parents blame the quality of public schools directly.18 Others attribute the poor performance to the lack of available public resources, which competitive and in some cases “predatory” charter schools tend to monopolize.19 Finally, many parents argue that the rapid gentrification of their historically-Black neighborhoods — specifically, the influx of middle- to upper-class White parents — causes funding and student enrollment to decrease in certain “failing” public schools and increase in other “selective” 9. See Episode 6: Mo’ Charters Mo’ Problems, SCH. COLORS (Nov. 8, 2019) [hereinafter SCHOOL COLORS, Episode 6], https://www.schoolcolorspodcast.com/episodes/episode-6-mo-charters-mo-problems [https://perma.cc/XRK2-TBQY]. 10. See id. 11. See Episode 1: Old School, SCH. COLORS (Sept. 20, 2019) [hereinafter SCHOOL COLORS, Episode 1], https://www.schoolcolorspodcast.com/episodes/episode-1-old-school [https://perma.cc/U8RB-PSN3]. 12. Id. 13. SCHOOL COLORS, Episode 6, supra note 9. 14. See id. 15. Id. 16. See id. 17. See SCHOOL COLORS, Episode 1, supra note 11. 18. See id. 19. SCHOOL COLORS, Episode 6, supra note 9. 1176 FORDHAM URB. L.J. [Vol. XLVII public schools.20 The answer likely lies in some complex combination of all of the above. Nevertheless, Ember and other Afrocentric schools across the city insist that they do not adopt exploitative charter practices. Furthermore, the Afrocentric model avoids the for-profit and punitive disciplinary policies that define many of New York’s other popular charters.21 In fact, during a two-year moratorium of new charter approvals in Bed-Stuy’s School District 16, Ember made strides to develop relationships with the struggling community public schools.22 Despite Ember’s growing popularity among Black parents and students and its rooted connection to the Bed-Stuy community, the school still faces considerable institutional adversity.23 In June 2019, the New York State Department of Education Board of Regents rejected Ember’s plan to expand its program to high school because of its “culturally responsive mission.”24 The Board of Regents approved every other charter renewal and expansion in New York City, and the city even preliminarily authorized Embers’ charter in May 2019.25 Additionally, the Board of Regents rejected Ember’s charter without consulting the school’s parents or students.26 The Board of Regents cites to Ember’s low math test scores (compared to 20. See Episode 7: New Kids on the Block, SCH. COLORS (Nov. 22, 2019), https://www.schoolcolorspodcast.com/episodes/episode-7-new-kids-on-the-block
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