Race Cannot Be Ignored In Closing The Achievement Gap In Public Education

Narrowing the achievement gap in schools requires acknowledging race, not ignoring it.

September 16, 2007

The achievement gap between African American and Latino students and their white peers is stark and persistent. It has existed for decades, and it’s growing more pronounced. The data refute what would be reassuring explanations. The gaps in reading and math test scores are not due to income disparities, nor are they attributable to parents’ educational levels. The simple fact is that most black and brown children do not do as well in school as most whites.

The data also show, however, that African American and Latino children are excelling in schools scattered throughout California and the nation, suggesting that the achievement gap is not intractable. Rather, there is a profound disconnect between what we say are high expectations for children of color and the quality of education delivered to them in the classroom.

All of which leads to an uncomfortable but important conclusion: If a less-stratified society is desirable, we must be prepared to design educational programs that explicitly take race into account, that address African American and Latino students specifically and that openly recognize that we are not a single society when it comes to the needs of our children.

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National Black Law Students Reject Supreme Court School Case Rationale on Race Plans

June 30, 2007

For Immediate Release:

(WASHINGTON, DC June 28, 2007) — In an unfortunate 5-4 decision, the Supreme Court of the United States struck down the race conscious integration plans of Seattle and Louisville public schools, deeming them unconstitutional. While studies have consistently shown the benefits of racially diverse classrooms in all stages of education, the Supreme Court’s ruling seems counterintuitive considering this nation’s history as well as the growing racial and ethnic composition of our country.

The Supreme Court found the race conscious plans of Seattle and Louisville unconstitutional because they were not narrowly tailored to take race into account to the minimum extent necessary. In both of these school districts, race was used as a tiebreaker in determining which school a student will attend in order to achieve a diverse student population. As we stand here in front of the Supreme Court today, this case reflects a period where the Supreme Court is intellectually dishonest concerning the problems of race in America.

This decision’s message is similar to Plessy v. Ferguson; embarrassing our nation and tacitly ignoring issues of racial injustice in facilities. It is imperative for our generation to mobilize on these issues as we have the unique challenge to discern a less overt and elusive form of Jim Crow’s legacy, said Eddie L. Koen Jr., National Chair of the National Black Law Students Association. With the ongoing attempts by the American Bar Association to modify accreditation evaluations for law schools, in addition to the composition of the Court, we are in danger of witnessing a disparate impact for the enrollment of not only black law students, but K-12 schools all over the country.

The two school districts, Chief Justice Roberts wrote, have failed to provide the necessary support for the proposition that there is no other way than individual racial classifications to avoid racial isolation in their school districts.” Moreover, the way to stop discrimination on the basis of race is to stop discrimination on the basis of race . . . The reasoning applied by the Chief Justice that ignoring race will rectify the issues of unequal access to educational institutions was a unjustifiable deviance from both statistical data on school integration and Supreme Court jurisprudence going back to Brown v. Board of Education. The court ignores issues of de facto segregation and assumes color-blind policies will act as an invisible hand to magically fix the ills of our nation’s history.

Race conscious integration plans have been essential in preventing racial isolation in school districts and providing equal access to educational institutions. Justice Breyer noted in his dissenting opinion that between 1968 and 1980, the number of black children attending a school where minority children constituted more than half the children fell from 77% to 63% (81% to 57% in the south). However, this positive trend has slowly reversed since 2000. Since 2000 the figure has risen from 63% back to 77% (57% to 69% in the south). In light of these figures, the Supreme Court insists on a ruling that will only intensify the problems of racial isolation and equal access to educational institutions.

The Supreme Court’s willingness to find the Seattle and Louisville race conscious integration plans unconstitutional conflicts with decades of equal protection jurisprudence dating back to Brown v. Board of Education. In Brown, the court began remedying minorities lack of an equal opportunity to pursue an education. The decision made by the court to further restrict race conscious integration plans not only inhibits the ability of school districts to provide minorities access to equal educational institutions, it exacerbates the problems of segregation that have unjustifiably inhibited the progression of minorities in American society.

We have witnessed times in the past where the high court has rendered a bad decision. We witnessed Plessy v. Ferguson, where the court’s separate but equal doctrine provided an impetus to further segregation laws. Today, we whole-heartedly agree with Justice Breyer’s dissent, which states in part that, this is a decision that the Court and the Nation will come to regret.

The National Black Law Students Association recognizes the severity of this case and will work to determine the full ramifications of the Supreme Court’s decision. The National Black Law Student Association will continue to serve as advocates for the right of minorities to have equal access to education.

Founded in 1968, the National Black Law Students Association (NBLSA) is a nationwide organization formed to articulate and promote the needs and goals of black law students and effectuates change in the legal community. As the largest student run organization in the country with over 6,000 members, NBLSA includes chapters or affiliates in six different countries including The Bahamas, Nigeria, and South Africa. NBLSA encourages the development of talented, social conscious lawyers of tomorrow.

For more information, Contact Levi Christian Pearson at communications@nblsa.org

Oliver Hill, Esq – Brown v Board Attorney Passes at 100

Civil Rights Attorney Oliver Hill is shown in this Jan. 15, 1999 file photo, in his office in Richmond, Va. Hill, who was at the front of the court fight that led the Supreme Court to end racially segregated schools, died Sunday, Aug. 5, 2007. He was 100. (AP Photo/The Roanoke Times, Eric Brady, File) (Eric Brady – AP)

In 1954, he was part of a series of lawsuits against racially segregated public schools that became the U.S. Supreme Court’s landmark Brown v. Board of Education decision, which changed America’s society by setting the foundation for integrated education.

“He was among the vanguard in seeking equal opportunity for all individuals, and he was steadfast in his commitment to effect change. He will be missed,” said L. Douglas Wilder, who in 1989 became the nation’s first elected black governor and was a confidant of Hill’s. Wilder is now Richmond’s mayor.

In 1940, Hill won his first civil rights case in Virginia, one that required equal pay for black and white teachers. Eight years later, he was the first black elected to Richmond’s City Council since Reconstruction.

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The Congressional Black Caucus Denounces Supreme Court Ruling on Race Plans

	Washington, DC – Today, Congresswoman Carolyn C. Kilpatrick (D-MI), Chairwoman of the Congressional Black Caucus (CBC), released the following statement on the Supreme Court ruling to vacate school desegregation plans in Seattle and Louisville.         “Today, the Supreme Court rejected reason, rationality and respect for all Americans in its decision limiting access to education for all Americans. In rejecting school diversity plans that made race a factor – but not the sole or most important factor – in Louisville and Seattle, the Court tears at the very fabric of unity in our nation. We can, and we must, do better for our children and grandchildren.       As a former teacher, a mother, and a grandmother, I understand the value of education. Access to education is one of our most sacred privileges. Education is the linchpin of achievement, success and stability in our country. If you were not born of privilege, education and hard work can earn you privilege. This heinous ruling not only topples more than half a century of progress achieved under the Brown v. the Topeka, Kansas Board of Education decision, it encourages separation and segregation in private industry and government as well as in education.       We applaud the remarks of Supreme Court Justice Breyer. Justice Breyer, in his dissenting opinion, said that “this is a decision that the Court and the Nation will come to regret.” The Congressional Black Caucus will continue to fight for quality education for all children; will confront the crises posed to us by the Supreme Court ruling, and will continue the legacy established by NAACP attorney and Supreme Court Justice Thurgood Marshall to ensure that all American children attend and receive a quality education.       The Congressional Black Caucus, 42 Members, representing more than 40 million Americans from 26 states, will continue the legacy and ensure fairness, justice and equality for all.”