Still Looking to the Future: Voluntary K-12 School Integration A Manual for Parents, Educators, & Advocates NAACP Legal Defense and Educational Fund, Inc. • The Civil Rights Project/Proyecto Derechos Civiles Still Looking to the Future: Voluntary K-12 School Integration 1 table of contents Introduction 3 Chapter 1 5 A Brief History Of “Court-Ordered” School Desegregation Chapter 2 10 The Resegregation Crisis In Our Schools Chapter 3 16 The Importance Of Integrated Schools And Classrooms Chapter 4 23 The Legal Landscape Governing Voluntary School Integration Chapter 5 34 Common Methods to Promote School Integration Chapter 6 43 Alternative Approaches to Promote Racial Integration: Case Studies Chapter 7 62 Promoting Diversity In Your Schools Conclusion 75 Frequently Asked Questions 76 Additional Resources 80 Addendum: Fact Sheets 87 2 Still Looking to the Future: Voluntary K-12 School Integration We gratefully acknowledge Nicole Dixon, Alex Elson, Smita Ghosh, Alec Karakatsanis, Vanessa Torres Hernandez, Kimberly Liu, Carmina Ocampo, and Morgan Williams for their research and editorial assistance in updating the manual. Written by Anurima Bhargava Erica Frankenberg Chinh Q. Le Design and Layout Kathryn Bowser Funding Ford Foundation Open Society Institute ©2008 The NAACP Legal Defense and Educational Fund, Inc. (LDF) The Civil Rights Project/Proyecto Derechos Civiles To obtain a copy, please contact: LDF Communications Department 99 Hudson Street, Suite 1600 New York, NY 10013 Please e-mail requests for hard copies or CDs of the manual to [email protected] To download a copy, please visit: www.naacpldf.org www.civilrightsproject.ucla.edu Still Looking to the Future: Voluntary K-12 School Integration 3 introduction ince the Supreme Court’s landmark decision avoiding racial isolation in K-12 public schools, but the in Brown v. Board of Education, parents and Court struck down particular aspects of the Seattle and community leaders have repeatedly petitioned Louisville student assignment plans because they were courts throughout the country, demanding that not, in its view, sufficiently well designed to achieve Sthe judiciary give life and meaning to Brown by ordering those goals. Significantly, while the Court placed limits recalcitrant school districts to dismantle their racially on the ability of school districts to take account of race, segregated school systems. In the face of great resistance, it did not—as some reported—rule out any and all and sometimes violence, these leaders valiantly insisted consideration of race in student assignment. In fact, that their children’s schools act to eliminate the stubborn, a majority of Justices explicitly left the window open persistent vestiges of racial discrimination and that we, as for school districts to take race-conscious measures to a country, live up to our nation’s highest ideals of equality promote diversity and avoid racial isolation in schools. for all. While altering the landscape of school integration, the In more recent years, again urged by parents and Seattle/Louisville decision did not provide a clear set of activists, many school districts have recognized the value rules and principles for school districts to follow, and of racial and ethnic diversity and its important influence created some confusion about what school districts and on educating our future citizens. A number of these communities can do to promote integration in their school districts, as a result, have voluntarily adopted schools. policies and student assignment methods designed to promote racial integration in their schools. In other words, In 2005, we issued the first edition of this Manual, more and more school districts are working to further entitled Looking to the Future: Voluntary K-12 School racial diversity not out of legal obligation, but of their Integration. Since the Seattle/Louisville decision, own accord, as a core part of their educational mission. we have received numerous requests for updated They do so in recognition of the critical role of schools information and guidance. This second edition of the in fostering racial and ethnic harmony and strengthening Manual is designed to provide as much information our multiracial democracy. This development is without as we now have, following the Court’s ruling, on what a doubt an encouraging one, as communities across you—parents, students, community activists, school the nation struggle to provide a high quality, inclusive board members, administrators, and attorneys—can education for all children. and should do to promote diversity and avoid racial isolation in your schools. The manual will help you On June 28, 2007, the Supreme Court issued a much navigate the maze of legal, political, and policy issues anticipated and sharply divided 185-page ruling in two that surround your efforts. cases challenging the voluntary integration plans in Seattle, Washington and Louisville, Kentucky. A majority In the following pages, you will find a brief legal history of the Justices recognized the importance of diversity and of what have often been called “court-ordered” school desegregation cases, from Brown through the present. Next, you will learn about the disturbing trend toward school resegregation, as well as its causes, patterns, and staggering impact. 4 Still Looking to the Future: Voluntary K-12 School Integration In the following pages you will Third, we provide examples of find information about the rich, school districts that are trying ever-expanding body of research to promote diversity and avoid regarding the many benefits of racial isolation in schools either racially and ethnically diverse by taking account of factors other schools as well as the harms of than race or by taking race into racially isolated schools. account in a limited manner. With the history, statistics, research Finally, we conclude with some and trends as context, we then turn concrete steps that you can to the practical question of what take to make a difference by you can do to promote integration encouraging the public schools in the schools in your own in your community to promote community. We begin by reviewing racial integration and implement and discussing the Seattle/Louisville policies and practices that foster decision in detail and the legal positive, integrated learning considerations now at work when environments for all students. school districts voluntarily elect to pursue diversity and avoid racial In order to make this Manual isolation in schools. Second, so that reader-friendly, we have you get a sense of how other school deliberately eliminated footnotes, systems have effectively tackled and instead include short “Further the problem, we briefly describe Reading” sections at the end some common methods of student of each chapter, to which you assignment. can refer if you are interested in finding out more information about the topics contained in the chapter. Still Looking to the Future: Voluntary K-12 School Integration 5 CHAPTER 1 a brief history of “court-ordered” school desegregation In this chapter, we discuss the history of court-ordered school desegregation following the historic Brown v. What’s the difference between “court- Board of Education decision. ordered” school desegregation and “voluntary” school integration? number of scholars have called Brown v. Court-ordered school desegregation (sometimes just called school desegregation) refers to the Board of Education the most famous United desegregation efforts that school districts undertake States Supreme Court case in American because they have been ordered or required to do history. Brown overturned the 1896 Plessy v. so by courts. Courts have the authority to order AFerguson decision that deeply entrenched the doctrine desegregation where there has been a history of prior of “separate but equal.” Brown broke the back of racial segregation or discrimination that the U.S. legal apartheid in America’s schools. The decision Constitution or other laws and statutes require school districts to redress. This chapter discusses the history of stated for the first time that racially separate schools court-ordered school desegregation. were “inherently unequal” and did not provide equal educational opportunities to all students, in violation Voluntary school integration (sometimes also called of the Equal Protection guarantees of the Fourteenth voluntary school desegregation) usually refers to Amendment of the U.S. Constitution. the efforts that a school district (or region, or state) might undertake to encourage racial and ethnic diversity in its schools absent a court order requiring Although an enormous legal and moral victory, the it to do so. School districts usually adopt voluntary Brown decision did not require the immediate elimination school integration plans or policies because they of racial segregation in our nation’s public schools. recognize the educational benefits that flow to their In fact, one year later, in a follow-up case popularly students (and, as a result, to their community) from known as Brown II, the Supreme Court allowed the opportunity to learn in diverse classrooms, or to racially segregated school systems to move forward in avoid the harms associated with racially segregated or isolated learning environments. Subsequent chapters dismantling their segregative practices “with all deliberate discuss voluntary school integration, and the reasons speed”—an infamous phrase that, for many years, meant why school districts pursue it, in greater detail. without