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CQR Racial Diversity in Public Schools Researcher Published by CQ Press, a division of Congressional Quarterly Inc. CQ www.cqresearcher.com Racial Diversity in Public Schools Has the Supreme Court dealt a blow to integration? ifty years after the Supreme Court outlawed racial segregation in public schools, a new ruling has raised doubts about how far local school boards can go to integrate classrooms. The court’s 5-4 ruling in cases Ffrom Seattle and Louisville bars school districts from using race as a factor in individual pupil assignments. Like many other school districts, the two school systems used racial classifications to promote diversity in the face of segregated housing patterns. But parents Deborah Stallworth successfully challenged a race- based school integration plan in Louisville that barred her son, Austin, 15, from argued the plans improperly denied their children their school of attending his neighborhood school and sought to bus him across town. choice because of race. Dissenting justices said the ruling was a setback for racial equality. In a pivotal concurrence, however, Justice I Anthony M. Kennedy said schools still have some leeway to pursue N THIS REPORT S racial diversity. Meanwhile, some experts argue that socioeconomic THE ISSUES ......................747 I integration — bringing low-income and middle-class students to- BACKGROUND ..................754 D gether — is a more effective way to pursue educational equity. CHRONOLOGY ..................755 E AT ISSUE ..........................761 CQ Researcher • Sept. 14, 2007 • www.cqresearcher.com CURRENT SITUATION ..........762 Volume 17, Number 32 • Pages 745-768 OUTLOOK ........................763 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR EXCELLENCE ◆ AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD BIBLIOGRAPHY ..................766 THE NEXT STEP ................767 RACIAL DIVERSITY IN PUBLIC SCHOOLS CQ Researcher Sept. 14, 2007 THE ISSUES Racial Classifications Barred Volume 17, Number 32 749 But Diversity Backed • Should school systems The Supreme Court overturned MANAGING EDITOR: Thomas J. Colin 747 promote racial diversity? plans in Seattle, Louisville. [email protected] • Should school systems ASSISTANT MANAGING EDITOR: Kathy Koch promote socioeconomic Southern Schools Are Least [email protected] 750 Segregated, But Slipping integration? ASSOCIATE EDITOR: Kenneth Jost • Is the focus on diversity Resegregation has been oc- interfering with efforts to curring steadily since 1988. STAFF WRITERS: Marcia Clemmitt, Peter Katel improve education? CONTRIBUTING WRITERS: Rachel S. Cox, 751 White Students Are Isolated Sarah Glazer, Alan Greenblatt, BACKGROUND Segregation remains high. Barbara Mantel, Patrick Marshall, Tom Price, Jennifer Weeks Districts Try Non-Racial The ‘Common School’ DESIGN/PRODUCTION EDITOR: Olu B. Davis 754 752 Approaches to Integration Free, universal public edu- ASSISTANT EDITOR: Darrell Dela Rosa cation has been espoused Socioeconomic status is focus. since the Revolutionary Era. Chronology 755 Key events since 1954. ‘Elusive’ Equality 758 Efforts to desegregate ‘Tracking’ Leads to Racial schools stimulated broader 756 Separation A Division of efforts in late 20th century. But ability grouping has Congressional Quarterly Inc. wide support. SENIOR VICE PRESIDENT/PUBLISHER: ‘Diversity’ Challenged John A. Jenkins 760 Many racial mixing plans More Blacks and Latinos drew challenges. 758 Attend Poorest Schools DIRECTOR, EDITORIAL OPERATIONS: Whites attend richest schools. Ann Davies CONGRESSIONAL QUARTERLY INC. CURRENT SITUATION Do Racial Policies Affect 759 Academic Achievment? CHAIRMAN: Paul C. Tash ‘Resegregation’ Seen Most studies find beneficial VICE CHAIRMAN: Andrew P. Corty 762 effects from integration. Supreme Court nixed race- PRESIDENT/EDITOR IN CHIEF: Robert W. Merry based plans. 761 At Issue Copyright © 2007 CQ Press, a division of Congres- Legal Options Eyed Is racial diversity in the class- sional Quarterly Inc. (CQ). CQ reserves all copyright 763 School boards are bracing room essential to education? and other rights herein, unless previously specified for new legal challenges. in writing. No part of this publication may be re- produced electronically or otherwise, without prior FOR FURTHER RESEARCH written permission. Unauthorized reproduction or UTLOOK transmission of CQ copyrighted material is a violation O For More Information of federal law carrying civil fines of up to $100,000. 765 Organizations to contact. ‘Minimal Impact’? CQ Researcher (ISSN 1056-2036) is printed on acid- 763 Dissenters question Chief Bibliography free paper. Published weekly, except; (March wk. 4) Justice Roberts’ assessment 766 Selected sources used. (June wk. 4) (July wk. 1) (Aug. wk. 2) (Aug. wk. 3) of Louisville, Seattle plans. (Nov. wk. 4) (Dec. wk. 3) and (Dec. wk. 4), by CQ The Next Step Press, a division of Congressional Quarterly Inc. An- 767 Additional articles. nual full-service subscriptions for institutions start at SIDEBARS AND GRAPHICS $667. For pricing, call 1-800-834-9020, ext. 1906. To 767 Citing CQ Researcher purchase a CQ Researcher report in print or elec- The Louisville and Seattle Sample bibliography formats. tronic format (PDF), visit www.cqpress.com or call 748 Racial-Diversity Plans 866-427-7737. Single reports start at $15. Bulk pur- Both used racial classifications. chase discounts and electronic-rights licensing are also available. Periodicals postage paid at Washing- ton, D.C., and additional mailing offices. POSTMAS- TER: Send address changes to CQ Researcher, 1255 22nd St., N.W., Suite 400, Washington, DC 20037. Cover: AP Photo/Brian Bohannon 746 CQ Researcher Racial Diversity in Public Schools BY KENNETH JOST school board on Sept. 10. For the longer term, officials are THE ISSUES trying to find ways to main- annah MacNeal’s tain a measure of racial bal- parents were glad to ance in the 98,000-student H learn of an opening school system under the at the popular magnet ele- Supreme Court decision, which mentary school near their bars the use of racial classifi- upscale neighborhood in east- cations in individual pupil as- ern Louisville, Ky. When they signments but appears to per- applied in mid-August for mit some “race-neutral” policies Hannah to enroll as a fourth- aimed at racial diversity. (See grader at Greathouse/Shryock box, p. 749.) Elementary, however, school “We are going to do our system officials said she could best to achieve it,” says JCPS not be admitted. Superintendent Sheldon The reason: Hannah is Berman. “We are deeply com- white. mitted to retaining the qualities Only six weeks earlier, the of an integrated environment.” U.S. Supreme Court had ruled The court’s June 28 deci- that Jefferson County Public sion dealt a blow to hundreds Schools (JCPS) — which in- of school systems around the cludes Louisville — was vio- S. Warren AP Photo/Ted country that have adopted vol- White enrollment at Seattle’s Ballard High School is lating the Constitution by as- above previous guidelines five years after a racial- untary race-mixing plans after signing students to schools on diversity plan was suspended because of a legal court-ordered desegregation the basis of their race. challenge. The Supreme Court’s June 28 decision plans lapsed in recent years. Hannah’s stepmother, Dana invalidating racial-balance plans in Seattle and Five of the justices — led MacNeal, was surprised and Louisville, Ky., bars school districts from using by Chief Justice John G. race for student-placement decisions but may permit upset when she learned Han- some race-conscious policies to promote diversity. Roberts Jr. — said using racial nah would have been admit- classifications in pupil assign- ted to the school if she had been black. Gordon, who represented the Mac- ments violated the Equal Protection And she was all the more upset when Neals in the latest round in his long- Clause of the 14th Amendment. That JCPS Student Placement Director Pat running battle to overturn Jefferson is the same provision the court cited a Todd insisted on Aug. 14 that the County’s school racial-diversity poli- half-century earlier in the famous Supreme Court ruling allowed the cies. “They have to follow the law.” Brown v. Board of Education (1954) school system to continue maintaining The Supreme Court’s fractured rul- ruling that found racial segregation in separate attendance zones for black and ing struck down pupil-assignment public schools unconstitutional. 3 white students for Greathouse/Shryock policies adopted in 2000 limiting In a strong dissent, the court’s four and two of the system’s other three African-American enrollment at any in- liberal justices — led by Stephen G. magnet elementary schools. dividual school in Jefferson County to Breyer — said the ruling contradicted The school system’s lawyers were between 15 percent and 50 percent previous decisions upholding race- surprised as well to learn of the poli- of the student body. The ruling also based pupil assignments and would cy. After the MacNeals decided to fight rejected the Seattle school system’s use hamper local school boards’ efforts to the decision keeping Hannah in her reg- of race as a “tiebreaker” for assigning prevent “resegregation” in individual ular elementary school, officials agreed students to high schools; the plan had schools. But one of the justices in the to enroll her at Greathouse/Shryock and been suspended in 2002 because of majority — Anthony M. Kennedy — scrap the racially separate boundary the litigation. 2 (See box, p. 748.) joined the liberal minority in endors- zones
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