SEATTLESEATTLE DECISION: DECISION:SCHOOL INTEGRATION SCHOOL INTEGRATION

SURVIVESSURVIVES

WHAT’S NEXT?WHAT’S NEXT?

John C. BrittainJohn C. Brittain

Chief Counsel,Chief Counsel,

Lawyers’ Committee for Civil Rights Under Lawyers’ Committee for Civil Rights Under LawLaw

CAUSE OF ACTIONCAUSE OF ACTION

EQUAL PROTECTION CLAUSEEQUAL PROTECTION CLAUSE

U.S. CONSTITUION-U.S. CONSTITUION-

FOURTEENTH AMENDMENTFOURTEENTH AMENDMENT

RACE DISCRIMINATIONRACE DISCRIMINATIONAGAINSTAGAINST

WHITE STUDENTSWHITE STUDENTS

TWO CASES: ONE DECISIONTWO CASES: ONE DECISION““SeattleSeattle””

TWO CASES: ONE DECISIONTWO CASES: ONE DECISION““SeattleSeattle””

Parents Involved in Parents Involved in Community Schools Community Schools v. Seattle School v. Seattle School District No. 1 District No. 1

(“PICS” or (“PICS” or “Seattle”)“Seattle”)

Meredith v. Meredith v. Jefferson County Jefferson County Board of Board of

EducationEducation (“Jefferson” or (“Jefferson” or

“Louisville”)“Louisville”)

JEFFERSON / LOUISVILLE JEFFERSON / LOUISVILLE Demographics and School Assignment PlanDemographics and School Assignment Plan

97,000 Students 97,000 Students 66% White, 34% Black66% White, 34% Black

Elementary students assigned to schoolsElementary students assigned to schools Transfer plan in zoneTransfer plan in zone – a choice – a choice Goal 15%Goal 15%⇧15%⇩ = balanced ratio ⇧15%⇩ = balanced ratio Black 50% max. and 15% min. in each schoolBlack 50% max. and 15% min. in each school Racial tiebreakerRacial tiebreaker Majority to minorityMajority to minority

SEATTLESEATTLE Demographics and SchoolDemographics and School AssignmentAssignment PlanPlan

50,000 students 50,000 students 39% White, 61% Other39% White, 61% Other

Assigned to neighborhood school Assigned to neighborhood school 10% 10% ⇧or ⇩ ⇧or ⇩ city minority average in each school = city minority average in each school =

Goal/Balanced Ratio Goal/Balanced Ratio (White 31- 51% & Non-White 49% - (White 31- 51% & Non-White 49% - 69%)69%)

Rising 9Rising 9thth graders have choice of high school graders have choice of high school 80-90% received 180-90% received 1stst choice choice 89-97% received 289-97% received 2nd nd choice choice Only 3% Only 3% (~ 300 students)(~ 300 students) of affected by use of race of affected by use of race

Does the US Constitution Does the US Constitution prohibit prohibit schools boards from schools boards from using using race-conscious criteriarace-conscious criteria in in a limited way to achieve racial a limited way to achieve racial diversity and integration in diversity and integration in K-K-12 schools12 schools??

QUESTION QUESTION PRESENTEDPRESENTED

4-1-4 Justices4-1-4 Justices

APPLIED STRICT SCRUTINY TESTAPPLIED STRICT SCRUTINY TEST

“ “Roberts 4”+ Kennedy Roberts 4”+ Kennedy (majority)(majority)

Narrow TailoringNarrow Tailoring Districts did not exhaust race Districts did not exhaust race

neutral meansneutral means = = UNCONSTITUTIONALUNCONSTITUTIONAL

Court Opinion

4-1-4 Justices4-1-4 Justices MORE STRICT SCRUTINYMORE STRICT SCRUTINY

““Roberts 4” Roberts 4” Compelling interestCompelling interest

Use of race only allowed for:Use of race only allowed for: Intentional Discrimination, orIntentional Discrimination, or Higher Education AdmissionsHigher Education Admissions

= Race ought not to apply to K-12 = Race ought not to apply to K-12 school assignment school assignment (unconstitutional)(unconstitutional)

4-1-4 Justices4-1-4 Justices

““Breyer 4” + Kennedy (majority) Breyer 4” + Kennedy (majority) Compelling InterestCompelling Interest

Racial Diversity OK/ConstitutionalRacial Diversity OK/ConstitutionalBut “Breyer 4” and Kennedy have But “Breyer 4” and Kennedy have

separate criteria on how separate criteria on how districts may pursue diversitydistricts may pursue diversity

= = Limited Use of Race in K-12Limited Use of Race in K-12

Court Opinion

Kennedy OpinionKennedy OpinionDiversity GoalDiversity Goal Compelling Compelling InterestInterest Race as a factor Race as a factor ONLY among many ONLY among many factorsfactors No group choiceNo group choice

Narrow TailoringNarrow Tailoring MUST exhaust race-MUST exhaust race-neutral meansneutral means Agrees w/”Roberts Agrees w/”Roberts 4”4”

Does not join either Does not join either side on the use of side on the use of race-conscious race-conscious meansmeansdefines his owndefines his own

= BOTTOM LINE= BOTTOM LINESchool districts MAY School districts MAY pursue racial diversity pursue racial diversity but but use of race use of race LIMITEDLIMITED

SUMMARY OF VOTESSUMMARY OF VOTES

Roberts 4 + Kennedy = Roberts 4 + Kennedy = MajorityMajority Seattle and Louisville Seattle and Louisville

plans unconstitutionalplans unconstitutional

Breyer 4 + Kennedy = MajorityBreyer 4 + Kennedy = MajoritySchool boards may pursue School boards may pursue

diversity with consciousness of diversity with consciousness of race (but limited)race (but limited)

Kennedy’s Guide to Integration Kennedy’s Guide to Integration Plans Plans WITHWITH Consciousness of Consciousness of

RACERACE

1.1. Select sites for new schoolsSelect sites for new schools

2.2. Draw attendance zonesDraw attendance zones

3.3. Resources for special programsResources for special programs

4.4. Recruit students and facultyRecruit students and faculty

5.5. Track enrollment and other Track enrollment and other performance statistics by race performance statistics by race

4-1-4 Justices4-1-4 Justices

““Breyer 4” Breyer 4” Narrowing Narrowing TailoringTailoring

Districts exhausted other means, Districts exhausted other means, so needed to use race in school so needed to use race in school assignmentassignment

= Constitutional= Constitutional

Breyer Dissent-p.68Breyer Dissent-p.68 Racial Isolation: Racial Isolation: De factoDe facto = = De jureDe jure Integration v. ExclusionIntegration v. Exclusion No stigma in choice plansNo stigma in choice plans Seattle and Louisville have history of past Seattle and Louisville have history of past

segregation—need continuing remediessegregation—need continuing remedies State race-based plans at risk (e.g. AR, State race-based plans at risk (e.g. AR,

CT, MA, NJ, pg. 61)CT, MA, NJ, pg. 61) Straying from jurisprudence and spirit of Straying from jurisprudence and spirit of

lawlaw

LEGACY OF LEGACY OF BROWNBROWN

It (Brown) was the promise of true It (Brown) was the promise of true racial equality—not as a matter of racial equality—not as a matter of fine words on paper, but as a fine words on paper, but as a matter in everyday life in the matter in everyday life in the Nation’s cities and schools. -- Nation’s cities and schools. -- Justice BreyerJustice Breyer

Parents Involved in Community Schools, Petitioner v. Seattle School Parents Involved in Community Schools, Petitioner v. Seattle School

District No. 1, et al.; Meredith v. Jefferson County Board of District No. 1, et al.; Meredith v. Jefferson County Board of Education.Education. 551 U.S. ___ (2007) 551 U.S. ___ (2007)

BrownBrown… 53 Years … 53 Years LaterLater

Resegregation prevalentResegregation prevalent Racially isolated schoolsRacially isolated schools Concentrated povertyConcentrated poverty

Integration beneficial, passéIntegration beneficial, passé Non-integration preferredNon-integration preferred Back to separate but equalBack to separate but equal

Urban v. Suburban education Urban v. Suburban education New Jim Crow color lineNew Jim Crow color line Resource and teacher inequalityResource and teacher inequality

BrownBrown… 53 Years Later… 53 Years Later

Emphasis on class more dominant than Emphasis on class more dominant than race.race.

De factoDe facto segregation legal segregation legal (except in CT and NJ state law)(except in CT and NJ state law)

Large achievement gapsLarge achievement gaps

No real remedy for inequalitiesNo real remedy for inequalities

“The problem of the twentieth century is the problem of the color line.”

W.E.B. DuBoisThe Souls of Black Folk, (1903)

Still applies in 21st Century

Moving ForwardMoving Forward

School integration plans with School integration plans with Constitutional musterConstitutional muster

Legislative Fix Legislative Fix – – address address de factode facto education inequalityeducation inequality

Public awareness on value of Public awareness on value of diversity and integrationdiversity and integration

International Convention on the International Convention on the Elimination of Racial Discrimination Elimination of Racial Discrimination (ICERD) — ”(ICERD) — ”Special MeasuresSpecial Measures””

No Child Left Behind ActNo Child Left Behind Act