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State Court School Desegregation Cases: the New Frontier State Court School Desegregation Cases: The New Frontier 2020 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? 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CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE STATE COURT DESEGREGATION: THE NEW FRONTIER Daniel R. Shulman Minneapolis, Minnesota WHAT HAPPENED TO BROWN? • What Brown said: separate is not equal; “all deliberate speed” • Brown worked, achievement gap halved—Rucker Johnson, Sean Ritter • De jure v. de facto • Is there a difference—”The Color of Law,” Richard Rothstein • Milliken v. Bradley, 418 U.S. 717 (1974) • How do you prove intent? • From Reagan to Trump: the federal judiciary, Is separate now equal? 2 SEGREGATION IN MINNESOTA • Highly segregated—huge gaps between Blacks and Whites • 11th largest educational achievement gap • 9th largest earning disparities • Sixth largest employment disparities • Second largest poverty & home ownership gaps https://www.nytimes.com/2020/06/03/opinion/george-floyd-minneapolis- segregation.html?searchResultPosition=1 3 NEW YORK TIMES JUNE 3, 2020 • “Today, Minnesota has some of the largest black-white welfare gaps in the nation, in education, income and employment. The state has America’s 11th-largest educational achievement gap, ninth largest earning disparities, sixth largest employment disparities and the second largest gaps in poverty and homeownership.” • “Segregated cities are more likely to produce racism not just within the police force but throughout any political or civic institution with power.” https://www.nytimes.com/2020/06/03/opinion/george-floyd-minneapolis- segregation.html?searchResultPosition=1 4 WASHINGTON POST 6-5-20 • The Twin Cities’ numbers tell the story. The black poverty rate is five times higher than for white residents. A quarter of black residents own their homes compared with three- quarters of whites. Only 57 percent of black students in Minneapolis and 70 percent of black students in St. Paul complete high school in four years, compared with around 85 percent of their white peers. Black youth represent 11 percent of the under-18 population but more than 30 percent of those detained in the juvenile justice system. https://www.washingtonpost.com/opinions/2020/06/04/its-hard-hear-minnesota-nice- without-undertones-irony- despair/?utm_campaign=wp_todays_headlines&utm_medium=email&utm_source=newslet ter&wpisrc=nl_headlines 5 FAILURE TO ACHIEVE RACIAL PROGRESS • 2016 WalletHub Report on States’ Racial Progress: Minnesota rankings: overall 51; gap in median annual income, 50; gap in home ownership rate, 50; gap in poverty rate, 49; gap in residents with at least H.S. diploma, 51; racial progress, 50 • 2020 WalletHub States with the Most Racial Progress: Minnesota rankings: racial integration, 45; median annual income gap, 49; home ownership gap, 48; poverty rate gap, 48; high school diploma gap, 50; racial progress, 45 • https://wallethub.com/edu/states-with-the-most-and-least-racial-progress/18428/ 6 BOOKER V. SPECIAL SCHOOL DISTRICT 1 • Booker v. SPECIAL SCHOOL DIST. NO. 1, MINNEAPOLIS, MINN., 351 F. S u p p. 799 (D. Minn. 1972) • Filed 1971, claiming deliberate segregation Minneapolis public schools • “The record clearly indicates that the defendant has been aware of the existence of residential segregation, and the discrimination which underlies it.” • As result of the actions of the defendant set out above and the wide-spread racial segregation in housing within the District, the public school students of Special School District # 1 have been segregated on account of race • Busing within city ordered to desegregate 7 THE SUCCESS OF BOOKER • https://www.nytimes.com/2020/06/03/opinion/george-floyd-minneapolis- segregation.html?searchResultPosition=1 • Severe segregation in the Twin Cities region is a relatively recent phenomenon. In the 1960s and 1970s, the Minneapolis region was one of the most racially integrated in the nation. • “carefully designed ‘fair share’ program that required all municipalities within the region to develop affordable housing within their borders, preventing suburbs from effectively barring low-income residents…” • “Minneapolis also operated an aggressive school desegregation plan.” • 1978: MDE deseg. rule: State can regulate de facto segregation • By early 1980’s, no racially identifiable schools 8 MINNEAPOLIS RESEGREGATES I • Based on State Bd of Ed assurance, Court dissolves Booker injunction—6/8/83 • Minneapolis demographics shift; 1988, 45% students of color, rising • April ‘89: Legislature creates Deseg Policy Forum; DPF task force urges inter-district deseg to remedy de facto segregation—creates & proposes new deseg rule in ’94 • New proposed rule gets legislative OK to go to formal rule-making • PROCESS HIJACKED BY THE RIGHT—more to come 9 MINNEAPOLIS RESEGREGATES II • But beginning in the 1990s, Minneapolis and St. Paul began abandoning the integration model under pressure from parents and political groups that argued that there was “no compelling government interest in K-12 education absent intentional discrimination.” Instead, the schools moved to a system based on open
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