| In 1896, the Plessey v. Ferguson court decision | | | | One key finding of the study is that white |
| established the "separate but equal" doctrine, | | | | students are the most segregated of public school |
| allowing that it was legal and fair to separate | | | | students, attending schools that are at least 80 |
| public school students by race and color as long as | | | | percent white. |
| the education given was "equal". | | | | With the onslaught of school vouchers, charter |
| As history has shown, the education was seldom | | | | and alternative schools, as well as increased |
| fair or equal. Thus, in 1954 the landmark court | | | | immigration into the United States, more and |
| decision of Brown v. Topeka Kansas struck down | | | | more white parents are sending their children |
| the 1896 decision. It outlawed racial segregation of | | | | away from the public school system for their |
| public school students, ushering in the | | | | education; thus, the public schools nationally are |
| desegregation of public school institutions across | | | | now approaching 40 percent minority enrollment - |
| the nation from elementary through college. Public | | | | nearly twice the amount of minority students |
| schools were ordered by federal mandate to use | | | | enrolled in public schools in the 1960s. |
| race to equitably assign children to public schools; | | | | In 1974, the Supreme Court decision of Milliken v. |
| thus, eliminating the segregation that previously | | | | Bradley banned desegregation efforts between |
| was determined by neighborhood residency. | | | | city and suburban areas in metropolitan Detroit - a |
| Today, there are two cases in the U.S. Supreme | | | | third reason for the general public to believe that |
| Court that challenge local public school board | | | | Brown v. Topeka Kansas may be overturned and |
| policies in Louisville and Seattle. The Bush | | | | another key finding of the Harvard study. |
| Administration has publicly agreed with the | | | | Since the Milliken v. Bradley decision, many of the |
| parents, who brought the lawsuits that are in | | | | larger cities have suffered with segregation within |
| favor of desegregating these schools districts. | | | | their urban areas, with mostly minorities populating |
| The lawsuits argue that desegregation policies are | | | | those sections of the cities. For example, 27 of |
| well-intentioned but not constitutional. In order to | | | | the largest urban public school systems serve a |
| be legal, desegregation policies must be based on | | | | fourth of their black and Latino student |
| a "persuasive good reason". The two lawsuits | | | | populations. |
| contend that no persuasive good reason exists in | | | | Fourth reason, the Harvard study also found that |
| the Louisville and Seattle school districts, with the | | | | even in desegregated public school systems in the |
| Louisville brief citing that "a well-intentioned quota | | | | United States, black students are segregated |
| is still a quota". | | | | through student tracking and biased testing. |
| Many are sitting back and watching the outcome | | | | America touts itself as a colorblind society within |
| of these two Supreme Court cases. If the court | | | | this century; yet, many minorities across the |
| decides in favor of the parents, the ruling could | | | | nation continue to experience a lack of quality, |
| possibly affect 400 school districts in 17 states, | | | | educational resources that are enjoyed by most |
| which continue under court-ordered desegregation. | | | | white students. Many federal and state public |
| Why do these parents and those against | | | | school funding formulas ignore the segregation |
| desegregation believe that now is the time to | | | | resource issues, adding to the unequitable and lack |
| overturn Brown v. Topeka Kansas? | | | | of resources for primarily minority public schools. |
| First, the Bush Administration has publicly | | | | Big business, both domestic and abroad, already |
| supported not only these public school cases but | | | | has succeeded to some degree (with government |
| other lawsuits, as well, that seek to eliminate | | | | support) in eroding the democratic right that |
| federal-mandated racial equity in business. | | | | everyone, regardless of race, color, creed or |
| Second, Harvard University's Civil Rights Project | | | | religion, has a right to work. Now, our public school |
| has shown that public schools across America | | | | systems are under attack. If the Supreme Court |
| have been resegregating during this century. | | | | rules in favor of the parents in these two cases, |
| Patterns of segregation exist at all levels of public | | | | we could very well see ourselves back in the |
| education - district, state, regional and national | | | | turbulent times of the 1950s. |
| levels. | | | | |