Black America and School Choice: Charting a New Course

Yale Law Journal

Volumn 106, Issue 8, 1997, Pages 2375-2409

  Barnes, Robin D ^a  

^a NONE

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[No Author keywords available]

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EID: 0347568772     PISSN: 00440094     EISSN: None     Source Type: Journal    
DOI: 10.2307/797223     Document Type: Article

References (267)

1. There is little consensus about the role of public education in the United States. Some view the teaching of civic responsibility as the primary goal of education. See, e.g., Sheff v. O'Neill, 678 A.2d 1267, 1285 (Conn. 1996) ("'[S]chools are an important socializing institution, imparting those shared values through which social order and stability are maintained.'") (quoting Plyler v. Doe, 457 U.S. 202, 222 n.20 (1982)); James A. Peyser, School Choice: When, Not If, 35 B.C. L. REV. 619, 623 (1994) (stating that original goals of public schools and compulsory education were to unify American society around common set of civic virtues and moral values). Others see a need to prepare future generations to regain a competitive edge in the global economy. See, e.g., U.S. DEP'T OF EDUCATION, NATIONAL COMM'N ON EXCELLENCE IN EDUCATION, A NATION AT RISK: THE IMPERATIVE FOR EDUCATIONAL REFORM 5 (1983) ("Our once unchallenged preeminence in commerce, industry, science and technological innovation is being overtaken by competitors throughout the world."); Anthony D. Demma, Jr., Comment, Educational Accountability in Florida: Meaningful Reform or Marginal Tinkering?, 19 FLA. ST. U. L. REV. 1145, 1148 (1992) (stating that National Commission's findings "point to the development of a serious competitive disadvantage").
2. There is little consensus about the role of public education in the United States. Some view the teaching of civic responsibility as the primary goal of education. See, e.g., Sheff v. O'Neill, 678 A.2d 1267, 1285 (Conn. 1996) ("'[S]chools are an important socializing institution, imparting those shared values through which social order and stability are maintained.'") (quoting Plyler v. Doe, 457 U.S. 202, 222 n.20 (1982)); James A. Peyser, School Choice: When, Not If, 35 B.C. L. REV. 619, 623 (1994) (stating that original goals of public schools and compulsory education were to unify American society around common set of civic virtues and moral values). Others see a need to prepare future generations to regain a competitive edge in the global economy. See, e.g., U.S. DEP'T OF EDUCATION, NATIONAL COMM'N ON EXCELLENCE IN EDUCATION, A NATION AT RISK: THE IMPERATIVE FOR EDUCATIONAL REFORM 5 (1983) ("Our once unchallenged preeminence in commerce, industry, science and technological innovation is being overtaken by competitors throughout the world."); Anthony D. Demma, Jr., Comment, Educational Accountability in Florida: Meaningful Reform or Marginal Tinkering?, 19 FLA. ST. U. L. REV. 1145, 1148 (1992) (stating that National Commission's findings "point to the development of a serious competitive disadvantage").
3. There is little consensus about the role of public education in the United States. Some view the teaching of civic responsibility as the primary goal of education. See, e.g., Sheff v. O'Neill, 678 A.2d 1267, 1285 (Conn. 1996) ("'[S]chools are an important socializing institution, imparting those shared values through which social order and stability are maintained.'") (quoting Plyler v. Doe, 457 U.S. 202, 222 n.20 (1982)); James A. Peyser, School Choice: When, Not If, 35 B.C. L. REV. 619, 623 (1994) (stating that original goals of public schools and compulsory education were to unify American society around common set of civic virtues and moral values). Others see a need to prepare future generations to regain a competitive edge in the global economy. See, e.g., U.S. DEP'T OF EDUCATION, NATIONAL COMM'N ON EXCELLENCE IN EDUCATION, A NATION AT RISK: THE IMPERATIVE FOR EDUCATIONAL REFORM 5 (1983) ("Our once unchallenged preeminence in commerce, industry, science and technological innovation is being overtaken by competitors throughout the world."); Anthony D. Demma, Jr., Comment, Educational Accountability in Florida: Meaningful Reform or Marginal Tinkering?, 19 FLA. ST. U. L. REV. 1145, 1148 (1992) (stating that National Commission's findings "point to the development of a serious competitive disadvantage").
4. See Stuart Biegel, School Choice Policy and Title VI: Maximizing Equal Access For K-12 Students in a Substantially Deregulated Educational Environment, 46 HASTINGS L.J. 1533, 1583 (1995) (stating that parents are "now demanding greater accountability from their schools").
5. See Helaine Greenfeld, Note, Some Constitutional Problems with the Resegregation of Public Schools, 80 GEO. L.J. 363, 365-66 (1991) (stating that members of African-American community and those long associated with civil rights movement have "desire to find solutions to the problems in their neighborhoods and in their cities. . . . Without serious attention to the increasing problems of minority groups, and particularly minority children, we risk losing any chance to reverse the damaging trend."); see also Robert L. Carter, Public School Desegregation: A Contemporary Analysis, 37 ST. LOUIS L.J. 885 (1993) ("I am deeply troubled by recent Supreme Court decisions which ignore the tremendous racial imbalances in our public schools and express a zeal to declare an end to federal court supervision over school desegregation. The Supreme Court's eagerness to proclaim 'Victory!' against govemmentally created segregation is woefully premature.").
6. See Helaine Greenfeld, Note, Some Constitutional Problems with the Resegregation of Public Schools, 80 GEO. L.J. 363, 365-66 (1991) (stating that members of African-American community and those long associated with civil rights movement have "desire to find solutions to the problems in their neighborhoods and in their cities. . . . Without serious attention to the increasing problems of minority groups, and particularly minority children, we risk losing any chance to reverse the damaging trend."); see also Robert L. Carter, Public School Desegregation: A Contemporary Analysis, 37 ST. LOUIS L.J. 885 (1993) ("I am deeply troubled by recent Supreme Court decisions which ignore the tremendous racial imbalances in our public schools and express a zeal to declare an end to federal court supervision over school desegregation. The Supreme Court's eagerness to proclaim 'Victory!' against govemmentally created segregation is woefully premature.").
7. See, e.g., JOHN E. CHUBB & TERRY M. MOE, POLITICS, MARKETS AND AMERICA'S SCHOOLS 6-11 (1990); Note, The Limits of Choice: School Choice Reform and State Constitutional Guarantees of Educational Quality, 109 HARV. L. REV. 2002 (1996).
8. See, e.g., JOHN E. CHUBB & TERRY M. MOE, POLITICS, MARKETS AND AMERICA'S SCHOOLS 6-11 (1990); Note, The Limits of Choice: School Choice Reform and State Constitutional Guarantees of Educational Quality, 109 HARV. L. REV. 2002 (1996).
9. See Hon. Gerald W. Heaney, Busing, Timetables, Goals, and Ratios: Touchstones of Equal Opportunity, 69 MINN. L. REV. 735, 752 & n.111 (1985) (citing study conducted by United State Department of the Interior).
10. Id. at 752 (quoting national study).
11. See id. at 761-63 (describing origins of legal battle).
12. See Angelia Dickens, Revisiting Brown v. Board of Education: How Tracking Has Resegregated America's Public Schools, 29 COLUM. J.L. & SOC. PROBS. 469, 474 (1996) (stating that "a large majority of African-American students are denied the best education their school systems have to offer"); Gary Orfield, Metropolitan School Desegregation: Impacts on Metropolitan Society, 80 MINN. L. REV. 825, 837 (1996) (stating that "the most privileged children receive the best education").
13. See Angelia Dickens, Revisiting Brown v. Board of Education: How Tracking Has Resegregated America's Public Schools, 29 COLUM. J.L. & SOC. PROBS. 469, 474 (1996) (stating that "a large majority of African-American students are denied the best education their school systems have to offer"); Gary Orfield, Metropolitan School Desegregation: Impacts on Metropolitan Society, 80 MINN. L. REV. 825, 837 (1996) (stating that "the most privileged children receive the best education").
14. Cf. Dorothy A. Brown, The Invisibility Factor: The Limits of Public Choice Theory and Public Institutions, 74 WASH. U. L.Q. 179, 222 (1996) (stating that whiteness assures inner-city whites that their children are "not receiving the worst education"); Amy J. Schmitz, Note, Providing an Escape for Inner-City Children: Creating a Federal Remedy for Educational Ills of Poor Urban Schools, 78 MINN. L. REV. 1639, 1643 n.33 (1994) (concluding that children "starting life in most adverse conditions, who have most need for quality education, receive worst education") (citing NATIONAL COMM'N ON CHILDREN, BEYOND RHETORIC: A NEW AMERICAN AGENDA FOR CHILDREN AND FAMILIES 181-84 (1991)).
15. Cf. Dorothy A. Brown, The Invisibility Factor: The Limits of Public Choice Theory and Public Institutions, 74 WASH. U. L.Q. 179, 222 (1996) (stating that whiteness assures inner-city whites that their children are "not receiving the worst education"); Amy J. Schmitz, Note, Providing an Escape for Inner-City Children: Creating a Federal Remedy for Educational Ills of Poor Urban Schools, 78 MINN. L. REV. 1639, 1643 n.33 (1994) (concluding that children "starting life in most adverse conditions, who have most need for quality education, receive worst education") (citing NATIONAL COMM'N ON CHILDREN, BEYOND RHETORIC: A NEW AMERICAN AGENDA FOR CHILDREN AND FAMILIES 181-84 (1991)).
16. Cf. Dorothy A. Brown, The Invisibility Factor: The Limits of Public Choice Theory and Public Institutions, 74 WASH. U. L.Q. 179, 222 (1996) (stating that whiteness assures inner-city whites that their children are "not receiving the worst education"); Amy J. Schmitz, Note, Providing an Escape for Inner-City Children: Creating a Federal Remedy for Educational Ills of Poor Urban Schools, 78 MINN. L. REV. 1639, 1643 n.33 (1994) (concluding that children "starting life in most adverse conditions, who have most need for quality education, receive worst education") (citing NATIONAL COMM'N ON CHILDREN, BEYOND RHETORIC: A NEW AMERICAN AGENDA FOR CHILDREN AND FAMILIES 181-84 (1991)).
17. PETER W. COOKSON, JR., SCHOOL CHOICE: THE STRUGGLE FOR THE SOUL OF AMERICAN EDUCATION 2 (1994); see also Susan P. Leviton & Matthew H. Joseph, An Adequate Education for All Maryland's Children: Morally Right, Economically Necessary, and Constitutionally Required, 52 MD. L. REV. 1137, 1142 (1993) ("'[T]o those who need the best our education system has to offer, we give the least. The least well-trained teachers. The lowest-level curriculum. The oldest books. The least instructional time. Our lowest expectations. Less, indeed, of everything that we believe makes a difference.'") ( quoting The Commission on Chapter 1, Making Schools Work for Children in Poverty, EDUC. WK., Jan. 13, 1993, at 46, 47); Schmitz, supra note 9, at 1639 (concluding that "[c]hildren in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community").
18. PETER W. COOKSON, JR., SCHOOL CHOICE: THE STRUGGLE FOR THE SOUL OF AMERICAN EDUCATION 2 (1994); see also Susan P. Leviton & Matthew H. Joseph, An Adequate Education for All Maryland's Children: Morally Right, Economically Necessary, and Constitutionally Required, 52 MD. L. REV. 1137, 1142 (1993) ("'[T]o those who need the best our education system has to offer, we give the least. The least well-trained teachers. The lowest-level curriculum. The oldest books. The least instructional time. Our lowest expectations. Less, indeed, of everything that we believe makes a difference.'") ( quoting The Commission on Chapter 1, Making Schools Work for Children in Poverty, EDUC. WK., Jan. 13, 1993, at 46, 47); Schmitz, supra note 9, at 1639 (concluding that "[c]hildren in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community").
19. PETER W. COOKSON, JR., SCHOOL CHOICE: THE STRUGGLE FOR THE SOUL OF AMERICAN EDUCATION 2 (1994); see also Susan P. Leviton & Matthew H. Joseph, An Adequate Education for All Maryland's Children: Morally Right, Economically Necessary, and Constitutionally Required, 52 MD. L. REV. 1137, 1142 (1993) ("'[T]o those who need the best our education system has to offer, we give the least. The least well-trained teachers. The lowest-level curriculum. The oldest books. The least instructional time. Our lowest expectations. Less, indeed, of everything that we believe makes a difference.'") ( quoting The Commission on Chapter 1, Making Schools Work for Children in Poverty, EDUC. WK., Jan. 13, 1993, at 46, 47); Schmitz, supra note 9, at 1639 (concluding that "[c]hildren in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community").
20. See generally Daniel Gardenswartz, Comment, Public Education: An Inner-City Crisis! Single-Sex Schools: An Inner-City Answer?, 42 EMORY L.J. 591, 600-02 (1993) (describing broken family environments and impact of negative male role models on school performance); Greenfeld, supra note 3, at 363-64 (describing poor academic performance and social dysfunction of black male students); Norman Williams, Jr., Note, Using Discourse Ethics to Provide Equality in Education for African American Children Forty Years After Brown v. Board of Education, 5 B.U. PUB. INT. L.J. 99, 107-09 (1995) (describing statistical differences between academic performance and other indicators among black males and females suggesting that racism has had harsher impact on men). In addition to falling standards and low levels of achievement, a study of Florida schools shows that black students are more likely to be expelled or suspended than white students. Black students often receive harsher punishments than white students for the same behavior; boys are disciplined more than girls; and "poor, black male students were over-represented among students who were disciplined." Diane Rado, Race, Gender Tied to School Discipline, ST. PETERSBURG TIMES, Jan. 20, 1995, at 1B (citing study of discipline in Florida schools). Similar findings were made in DeSoto, Texas, where blacks make up only 35% of the student population, but 64% of the students expelled. See Alexei Barrionuevo, NAACP Says DeSoto Schools Show Bias; Superintendent Vows Inquiry, DALLAS MORNING NEWS, Apr. 26, 1995, at 34A (discussing proposed African-American advisory committee to address discrimination); see also Philip T.K. Daniel & Karen Bond Coriell, Suspension and Expulsion in America's Public Schools: Has Unfairness Resulted from a Narrowing of Due Process?, 13 HAMLINE J. PUB. L. & POL'Y 1, 32-34 (1992) (discussing disparate impact of suspensions and expulsions on minority students); Janet Bingham, Minority Suspensions a Shocker: School Officials Ask Why Rates So High, DENVER POST, Jan. 13, 1996, at 1A (reporting that 59% of black male middle and high school students were suspended in Colorado Springs; statewide, minorities made up 26% of enrollment but 41% of those suspended).
21. See generally Daniel Gardenswartz, Comment, Public Education: An Inner-City Crisis! Single-Sex Schools: An Inner-City Answer?, 42 EMORY L.J. 591, 600-02 (1993) (describing broken family environments and impact of negative male role models on school performance); Greenfeld, supra note 3, at 363-64 (describing poor academic performance and social dysfunction of black male students); Norman Williams, Jr., Note, Using Discourse Ethics to Provide Equality in Education for African American Children Forty Years After Brown v. Board of Education, 5 B.U. PUB. INT. L.J. 99, 107-09 (1995) (describing statistical differences between academic performance and other indicators among black males and females suggesting that racism has had harsher impact on men). In addition to falling standards and low levels of achievement, a study of Florida schools shows that black students are more likely to be expelled or suspended than white students. Black students often receive harsher punishments than white students for the same behavior; boys are disciplined more than girls; and "poor, black male students were over-represented among students who were disciplined." Diane Rado, Race, Gender Tied to School Discipline, ST. PETERSBURG TIMES, Jan. 20, 1995, at 1B (citing study of discipline in Florida schools). Similar findings were made in DeSoto, Texas, where blacks make up only 35% of the student population, but 64% of the students expelled. See Alexei Barrionuevo, NAACP Says DeSoto Schools Show Bias; Superintendent Vows Inquiry, DALLAS MORNING NEWS, Apr. 26, 1995, at 34A (discussing proposed African-American advisory committee to address discrimination); see also Philip T.K. Daniel & Karen Bond Coriell, Suspension and Expulsion in America's Public Schools: Has Unfairness Resulted from a Narrowing of Due Process?, 13 HAMLINE J. PUB. L. & POL'Y 1, 32-34 (1992) (discussing disparate impact of suspensions and expulsions on minority students); Janet Bingham, Minority Suspensions a Shocker: School Officials Ask Why Rates So High, DENVER POST, Jan. 13, 1996, at 1A (reporting that 59% of black male middle and high school students were suspended in Colorado Springs; statewide, minorities made up 26% of enrollment but 41% of those suspended).
22. See generally Daniel Gardenswartz, Comment, Public Education: An Inner-City Crisis! Single-Sex Schools: An Inner-City Answer?, 42 EMORY L.J. 591, 600-02 (1993) (describing broken family environments and impact of negative male role models on school performance); Greenfeld, supra note 3, at 363-64 (describing poor academic performance and social dysfunction of black male students); Norman Williams, Jr., Note, Using Discourse Ethics to Provide Equality in Education for African American Children Forty Years After Brown v. Board of Education, 5 B.U. PUB. INT. L.J. 99, 107-09 (1995) (describing statistical differences between academic performance and other indicators among black males and females suggesting that racism has had harsher impact on men). In addition to falling standards and low levels of achievement, a study of Florida schools shows that black students are more likely to be expelled or suspended than white students. Black students often receive harsher punishments than white students for the same behavior; boys are disciplined more than girls; and "poor, black male students were over-represented among students who were disciplined." Diane Rado, Race, Gender Tied to School Discipline, ST. PETERSBURG TIMES, Jan. 20, 1995, at 1B (citing study of discipline in Florida schools). Similar findings were made in DeSoto, Texas, where blacks make up only 35% of the student population, but 64% of the students expelled. See Alexei Barrionuevo, NAACP Says DeSoto Schools Show Bias; Superintendent Vows Inquiry, DALLAS MORNING NEWS, Apr. 26, 1995, at 34A (discussing proposed African-American advisory committee to address discrimination); see also Philip T.K. Daniel & Karen Bond Coriell, Suspension and Expulsion in America's Public Schools: Has Unfairness Resulted from a Narrowing of Due Process?, 13 HAMLINE J. PUB. L. & POL'Y 1, 32-34 (1992) (discussing disparate impact of suspensions and expulsions on minority students); Janet Bingham, Minority Suspensions a Shocker: School Officials Ask Why Rates So High, DENVER POST, Jan. 13, 1996, at 1A (reporting that 59% of black male middle and high school students were suspended in Colorado Springs; statewide, minorities made up 26% of enrollment but 41% of those suspended).
23. See generally Daniel Gardenswartz, Comment, Public Education: An Inner-City Crisis! Single-Sex Schools: An Inner-City Answer?, 42 EMORY L.J. 591, 600-02 (1993) (describing broken family environments and impact of negative male role models on school performance); Greenfeld, supra note 3, at 363-64 (describing poor academic performance and social dysfunction of black male students); Norman Williams, Jr., Note, Using Discourse Ethics to Provide Equality in Education for African American Children Forty Years After Brown v. Board of Education, 5 B.U. PUB. INT. L.J. 99, 107-09 (1995) (describing statistical differences between academic performance and other indicators among black males and females suggesting that racism has had harsher impact on men). In addition to falling standards and low levels of achievement, a study of Florida schools shows that black students are more likely to be expelled or suspended than white students. Black students often receive harsher punishments than white students for the same behavior; boys are disciplined more than girls; and "poor, black male students were over-represented among students who were disciplined." Diane Rado, Race, Gender Tied to School Discipline, ST. PETERSBURG TIMES, Jan. 20, 1995, at 1B (citing study of discipline in Florida schools). Similar findings were made in DeSoto, Texas, where blacks make up only 35% of the student population, but 64% of the students expelled. See Alexei Barrionuevo, NAACP Says DeSoto Schools Show Bias; Superintendent Vows Inquiry, DALLAS MORNING NEWS, Apr. 26, 1995, at 34A (discussing proposed African-American advisory committee to address discrimination); see also Philip T.K. Daniel & Karen Bond Coriell, Suspension and Expulsion in America's Public Schools: Has Unfairness Resulted from a Narrowing of Due Process?, 13 HAMLINE J. PUB. L. & POL'Y 1, 32-34 (1992) (discussing disparate impact of suspensions and expulsions on minority students); Janet Bingham, Minority Suspensions a Shocker: School Officials Ask Why Rates So High, DENVER POST, Jan. 13, 1996, at 1A (reporting that 59% of black male middle and high school students were suspended in Colorado Springs; statewide, minorities made up 26% of enrollment but 41% of those suspended).
24. See generally Daniel Gardenswartz, Comment, Public Education: An Inner-City Crisis! Single-Sex Schools: An Inner-City Answer?, 42 EMORY L.J. 591, 600-02 (1993) (describing broken family environments and impact of negative male role models on school performance); Greenfeld, supra note 3, at 363-64 (describing poor academic performance and social dysfunction of black male students); Norman Williams, Jr., Note, Using Discourse Ethics to Provide Equality in Education for African American Children Forty Years After Brown v. Board of Education, 5 B.U. PUB. INT. L.J. 99, 107-09 (1995) (describing statistical differences between academic performance and other indicators among black males and females suggesting that racism has had harsher impact on men). In addition to falling standards and low levels of achievement, a study of Florida schools shows that black students are more likely to be expelled or suspended than white students. Black students often receive harsher punishments than white students for the same behavior; boys are disciplined more than girls; and "poor, black male students were over-represented among students who were disciplined." Diane Rado, Race, Gender Tied to School Discipline, ST. PETERSBURG TIMES, Jan. 20, 1995, at 1B (citing study of discipline in Florida schools). Similar findings were made in DeSoto, Texas, where blacks make up only 35% of the student population, but 64% of the students expelled. See Alexei Barrionuevo, NAACP Says DeSoto Schools Show Bias; Superintendent Vows Inquiry, DALLAS MORNING NEWS, Apr. 26, 1995, at 34A (discussing proposed African-American advisory committee to address discrimination); see also Philip T.K. Daniel & Karen Bond Coriell, Suspension and Expulsion in America's Public Schools: Has Unfairness Resulted from a Narrowing of Due Process?, 13 HAMLINE J. PUB. L. & POL'Y 1, 32-34 (1992) (discussing disparate impact of suspensions and expulsions on minority students); Janet Bingham, Minority Suspensions a Shocker: School Officials Ask Why Rates So High, DENVER POST, Jan. 13, 1996, at 1A (reporting that 59% of black male middle and high school students were suspended in Colorado Springs; statewide, minorities made up 26% of enrollment but 41% of those suspended).
25. See generally Daniel Gardenswartz, Comment, Public Education: An Inner-City Crisis! Single-Sex Schools: An Inner-City Answer?, 42 EMORY L.J. 591, 600-02 (1993) (describing broken family environments and impact of negative male role models on school performance); Greenfeld, supra note 3, at 363-64 (describing poor academic performance and social dysfunction of black male students); Norman Williams, Jr., Note, Using Discourse Ethics to Provide Equality in Education for African American Children Forty Years After Brown v. Board of Education, 5 B.U. PUB. INT. L.J. 99, 107-09 (1995) (describing statistical differences between academic performance and other indicators among black males and females suggesting that racism has had harsher impact on men). In addition to falling standards and low levels of achievement, a study of Florida schools shows that black students are more likely to be expelled or suspended than white students. Black students often receive harsher punishments than white students for the same behavior; boys are disciplined more than girls; and "poor, black male students were over-represented among students who were disciplined." Diane Rado, Race, Gender Tied to School Discipline, ST. PETERSBURG TIMES, Jan. 20, 1995, at 1B (citing study of discipline in Florida schools). Similar findings were made in DeSoto, Texas, where blacks make up only 35% of the student population, but 64% of the students expelled. See Alexei Barrionuevo, NAACP Says DeSoto Schools Show Bias; Superintendent Vows Inquiry, DALLAS MORNING NEWS, Apr. 26, 1995, at 34A (discussing proposed African-American advisory committee to address discrimination); see also Philip T.K. Daniel & Karen Bond Coriell, Suspension and Expulsion in America's Public Schools: Has Unfairness Resulted from a Narrowing of Due Process?, 13 HAMLINE J. PUB. L. & POL'Y 1, 32-34 (1992) (discussing disparate impact of suspensions and expulsions on minority students); Janet Bingham, Minority Suspensions a Shocker: School Officials Ask Why Rates So High, DENVER POST, Jan. 13, 1996, at 1A (reporting that 59% of black male middle and high school students were suspended in Colorado Springs; statewide, minorities made up 26% of enrollment but 41% of those suspended).
26. Some programs feature all-male classrooms, others devote entire schools to young men at the elementary and high school levels. The schools are commonly referred to as All Black Male Academies (ABMA), and have been proposed in California, Illinois, Maryland, Minnesota, New York, and Wisconsin. See Greenfeld, supra note 3, at 363; Williams, supra note 11, at 102.
27. See Garrett v. Board of Educ., 775 F. Supp. 1004 (E.D. Mich. 1991).
28. Williams, supra note 11, at 103 (citation omitted).
29. See Greenfeld, supra note 3, at 364 (describing epidemic of drugs, crime, violence, and dysfunctional families).
30. Gardenswartz, supra note 11, at 592 (citations omitted).
31. See id. at 610.
32. See id. at 611.
33. Williams, supra note 11, at 103 (quoting Male Academy Grades K-8: A Demonstration Program for Males At-Risk 13 (Mar 26, 1991) (unpublished study, on file with Detroit Public Schools)).
34. See Garrett v. Board of Educ., 775 F. Supp. 1004, 1006 n.3 (E.D. Mich. 1991) (describing male academy admission program where one-third of applicants admitted were in low need category).
35. See Williams, supra note 11, at 102.
36. See Garrett, 775 F. Supp. at 1014 (holding that program denied equal opportunities to women).
37. See Williams, supra note 11, at 106.
38. Id. at 105 (quoting Brenda J. Gilchrist, Lawsuit Challenges All Male Academies: District Charged with Sex Discrimination, DET. FREE PRESS, Aug. 6, 1991, at 3A).
39. See Garrett, 775 F. Supp. at 1006 n.4 (declining to reach constitutionality of this alternate plan, noting that question was not before court).
40. Gardenswartz, supra note 11, at 610.
41. There are many outstanding single-sex private schools. For example, Miss Porter's School for Girls in Farmington, Connecticut enjoys an excellent reputation. But cf. Bennett L. Saferstein, Revisiting Plessy at the Virginia Military Institute: Reconciling Single-Sex Education with Equal Protection, 54 U. PITT. L. REV. 637, 641 (1993) (criticizing language referring to "respected tradition" of single-sex schooling as illegitimate justification for excluding women from quality education programs).
42. Gardenswartz, supra note 11, at 622; see also Mississippi Univ. for Women v. Hogan, 458 U.S. 718, 724-25 (1982) (holding that classifications must be free from fixed notions concerning gender role and not designed to exclude or protect members of one gender presumed to suffer from inherent handicap or innate inferiority); Vorchheimer v. School Dist., 532 F.2d 880 (3d Cir. 1976) (upholding voluntary program of single-sex high schools in Philadelphia against equal protection challenge).
43. Garrett, 775 F. Supp. at 1014; see also Williams, supra note 11, at 108-09 (describing problems facing urban males and females). The district court judge acknowledged that the "purpose for which the academies came into being" is the status of the black male as an "endangered species." Yet the court remained unconvinced that exclusion of women was substantially related to achievement of the school board's objectives. See Garrett, 775 F. Supp. at 1007.
44. Williams, supra note 11, at 105 (quoting Lawrence C. Patrick, Sr., Detroit Parents Should Have Right to Choose, DET. FREE PRESS, Oct. 29, 1991, at 9A).
45. See Frank J. Macchiarola et al., The Judicial System & Equality in Schooling, 23 FORDHAM URB. L.J. 567, 569 (1996) (stating that one negative consequence of judicial activism is that "an overly active judiciary has suggested that courts have more answers to student success than they actually do").
46. See Deborah E. Beck, Jenkins v. Missouri: School Choice as a Method of Desegregating an Inner-City School District, 81 CAL. L. REV. 1029, 1029 (1993) ("Almost forty years after Brown v. Board of Education mandated school desegregation, thousands of inner-city children continue to attend identifiably one-race schools. For these children, the right to a desegregated education has little meaning."); Marilyn V. Yarbrough, Still Separate and Still Unequal, 36 WM. & MARY L. REV. 685, 688 (1995) (stating that racial segregation has reached highest level since 1968).
47. See Deborah E. Beck, Jenkins v. Missouri: School Choice as a Method of Desegregating an Inner-City School District, 81 CAL. L. REV. 1029, 1029 (1993) ("Almost forty years after Brown v. Board of Education mandated school desegregation, thousands of inner-city children continue to attend identifiably one-race schools. For these children, the right to a desegregated education has little meaning."); Marilyn V. Yarbrough, Still Separate and Still Unequal, 36 WM. & MARY L. REV. 685, 688 (1995) (stating that racial segregation has reached highest level since 1968).
48. See Dickens, supra note 8, at 472-73 (noting that tracking disproportionately places black students in inferior education programs).
49. 347 U.S. 483 (1954).
50. Macchiarola et al., supra note 31, at 585; see also James Traub, Can Separate Be Equal? New Answers to an Old Question About Race and Schools, HARPER'S MAG., June 1994, at 36.
51. See infra Part II.
52. Cf. Derrick Bell, The Dialectics of School Desegregation, 32 ALA. L. REV. 281, 295 (1981) (arguing thai effective integration also requires "blacks and white [to] meet as peers, with each able and willing to recognize the values and contributions of the other and without whites exercising dominance and control in every aspect of the relationship").
53. Book Note, The Desegregation Dilemma, 109 HARV. L. REV. 1144, 1144 (1996) (reviewing DAVID J. ARMOR, FORCED JUSTICE: SCHOOL DESEGREGATION AND THE LAW (1995)).
54. Book Note, The Desegregation Dilemma, 109 HARV. L. REV. 1144, 1144 (1996) (reviewing DAVID J. ARMOR, FORCED JUSTICE: SCHOOL DESEGREGATION AND THE LAW (1995)).
55. See, e.g., STEVEN F. WILSON, REINVENTING THE SCHOOLS: A RADICAL PLAN FOR BOSTON 20 (1992).
56. See Robert A. Frahm, Sergi Shifts Focus from School Choice, HARTFORD COURANT, Jan. 25, 1997, at A1 (noting statement of Connecticut Commissioner of Education Theodore Sergi that "there is not a single city or state in the nation that has succeeded fully both in raising student achievement and eliminating racial segregation").
57. See Brown, supra note 9, at 212-13 (describing impact of public choice and economic theories on legislative action); Angela G. Smith, Public School Choice and Open Enrollment: Implications for Education, Desegregation, and Equity, 74 NEB. L. REV. 255, 281 (1995) (noting that disagreement about role of public education is highlighted by "distinct and different approaches to school choice legislation").
58. See CHUBB & MOE, supra note 4, at 207; see also Note, supra note 4, at 2002 (stating that "a true free market for education, like any other market, requires a threat of failure; otherwise, competition will not push schools to improve the quality of their educational services").
59. See NATIONAL SURVEY AND ANALYSIS OF CHARTER SCHOOL LEGISLATION: A REPORT TO THE CITIZENS OF THE STATE OF CONNECTICUT, at I-1 (Institute for Responsive Education Report, 1996) [hereinafter NATIONAL SURVEY].
60. One court concluded that when a state has "created a dual system," it has a continuing obligation to dismantle it. See, e.g., Jenkins v. Missouri, 593 F. Supp. 1485, 1504 (W.D. Mo. 1984).
61. See, e.g., Griffin v. County Sch. Bd., 377 U.S. 218 (1964) (invalidating Virginia plan that closed public schools, leaving black students without education while providing tuition grants and property tax credits to white students attending private school); Goss v. Board of Educ., 373 U.S. 683 (1963) (invalidating desegregation plan in Tennessee because it perpetuated segregation); Daniel J. McMullen & Irene Hirata McMullen, Stubborn Facts of History - The Vestiges of Past Discrimination in School Desegregation Cases, 44 CASE W. RES. L. REV. 75, 76 (1993) (estimating that hundreds of districts are involved in litigation over desegregation of previously de jure segregated public schools).
62. See Beck, supra note 32, at 1036 (stating that "court's preoccupation with the legal requirement of numerically desegregated schools has caused it to lose sight of a policy concern desegregation was designed to address - improvement of educational opportunity for minority students"); Macchiarola et al., supra note 31, at 568 ("[A]ll too often judicial intervention has shown itself to be inattentive to a philosophy of education and a sense of what school effectiveness is about. For with all of the new judicial activity and with all of the effort to guarantee rights . . . our schools seem to be deteriorating."). Judicial intervention continues to generate a sense of futility. A proposed all-black male school in Detroit was defeated in the face of widespread parental support: "[I]t might be wise to reflect on the relative ease with which self-appointed do-gooders such as the ACLU and NOW, supported by an oppressive federal judiciary are able to undermine, to the detriment of the children, the legal and prudent decisions of elected officials and parents." Williams, supra note 11, at 105. In response to the district court's ruling in the case, the principal at one of the academies remarked that the decision was clearly "'an example of a white federal judge making a decision for the African-American community which he does not live in and which he does not understand.'" Id. at 102 n.25 (quoting Brenda J. Gilchrist, Single-Sex Schools Are Unconstitutional, DET. FREE PRESS, Aug. 16, 1991, at 1A).
63. 593 F. Supp. 1485.
64. See id. at 1488.
65. See, e.g., GERALD N. ROSENBERG, THE HOLLOW HOPE: CAN COURTS BRING ABOUT SOCIAL CHANGE? 79 (1991) ("By 1957, only three years after Brown, at least 136 new laws and state constitutional amendments designed to preserve segregation had been enacted.").
66. See, e.g., Cooper v. Aaron, 358 U.S. 1, 12 (1958) (noting that federal troops accompanied black children in face of hostilities). But see David L. Norman, The Strange Career of the Civil Rights Division's Commitment to Brown, 93 YALE L.J. 983, 984 (1984) ("During the first ten years after Brown, the federal government had a very limited role in furthering school desegregation.").
67. See Aaron v. Cooper, 257 F.2d 33, 35 (8th Cir.), aff'd, 358 U.S. 1 (1958).
68. See U.S. COMM'N ON CIVIL RIGHTS, TWENTY YEARS AFTER BROWN: EQUALITY OF EDUCATIONAL OPPORTUNITY 46 (1975).
69. See Alexander v. Holmes County Bd. of Educ., 396 U.S. 19, 20 (1969) (holding that "the obligation of every school district is to terminate dual school systems at once"); Griffin v. County Sch. Bd., 377 U.S. 218, 232 (1964) (asserting that "relief needs to be quick and effective").
70. See Wendy R. Brown, School Desegregation Litigation: Crossroads or Dead End?, 37 ST. LOUIS U. L.J. 923, 924 (1993) (stating that in struggle for integration, "[l]ives were lost. White segregationists terrorized Black children and their families who sought to enforce the desegregation principle.").
71. Busing: Ford's New Route, NEWSWEEK, May 31, 1976, at 26, 26.
72. Id.
73. ROSENBERG, supra note 49, at 78 (quoting Governor Barnett).
74. See JEROME A. BARRON & C. THOMAS DIENES, CONSTITUTIONAL LAW: PRINCIPLES AND POLICY 622 (1975).
75. Today, after two decades of progress, racial isolation is fast approaching the early 1970s pre-busing level. See James S. Kunen, The End of Integration, A Four Decade Effort Is Being Abandoned, as Exhausted Courts and Frustrated Blacks Dust Offthe Concept of Separate but Equal, TIME, Apr. 29, 1996, at 39; see also Leroy D. Clark, The Future Civil Rights Agenda: Speculation on Litigation, Legislation and Organization, 38 CATH. U. L. REV. 795, 800 (1989) (stating that Milliken v. Bradley, 418 U.S. 717 (1974), assured that white flight would succeed in hindering school desegregation efforts).
76. Today, after two decades of progress, racial isolation is fast approaching the early 1970s pre-busing level. See James S. Kunen, The End of Integration, A Four Decade Effort Is Being Abandoned, as Exhausted Courts and Frustrated Blacks Dust Offthe Concept of Separate but Equal, TIME, Apr. 29, 1996, at 39; see also Leroy D. Clark, The Future Civil Rights Agenda: Speculation on Litigation, Legislation and Organization, 38 CATH. U. L. REV. 795, 800 (1989) (stating that Milliken v. Bradley, 418 U.S. 717 (1974), assured that white flight would succeed in hindering school desegregation efforts).
77. See, e.g., Milliken, 418 U.S. 717 (rejecting interdistrict remedy for desegregation of public schools in Detroit).
78. See id. at 737-53.
79. See Missouri v. Jenkins, 115 S. Ct. 2038 (1995) (holding that district court orders imposing large fiscal burdens in form of salary increases and remedial education programs violated limits of court's discretion); Freeman v. Pitts, 503 U.S. 467, 495-96 (1992) (holding that racial assignments were improper as remedy for demographic changes that are unrelated to prior constitutional violations); Board of Educ. v. Dowell, 498 U.S. 237, 249-50 (1991) (holding that federal court of appeals could not reinstitute desegregation plan merely because some previously integrated schools reverted back to one-race schools once district adopted neighborhood assignment policy); Missouri v. Jenkins, 495 U.S. 33, 50 (1990) (holding that lax increase imposed by district court to fund desegregation plan contravened principles of comity that must govern court's equitable discretion).
80. See Kunen, supra note 59, at 39-40.
81. Urban schools with high concentrations of black and Latino students are traditionally underfunded when local property taxes provide the financial base. See Carter, supra note 3, at 887-88 (describing how tax-based public school funding creates intradistrict inequities); Michael Heise, State Constitutions, School Finance Litigation, and the "Third Wave": From Equity to Adequacy, 68 TEMP. L. REV. 1151, 1151-66 (1995) (describing three different legal approaches to challenging inequities in school finance systems); Peyser, supra note 1, at 625 (stating that in Massachusetts, more than 60% of "K-12 spending is funded by local property taxes. Because wealthier communities have higher property values, their capacity for raising money is much greater than poorer towns and cities."); Joshua Wolf Shenk, Saving Education: The Public Schools' Last Hurrah?, CURRENT, July-Aug. 1996, at 3, 9 (stating that "[t]he 'equalization' movement, which seeks to pool tax money at the state level for more equitable redistribution to schools, is a welcome step toward alleviating often-glaring discrepancies in teacher salaries, school facilities, and supplies"); see also Craig A. Ollenschleger, Another Failing Grade: New Jersey Repeats School Funding Reform, 25 SETON HALL L. REV. 1074, 1078-79 (1995) (noting that states have spent large sums defending school systems in courts). See generally Brown, supra note 9, at 188-202 (discussing evolution of funding reform from 1970s through 1990s).
82. Urban schools with high concentrations of black and Latino students are traditionally underfunded when local property taxes provide the financial base. See Carter, supra note 3, at 887-88 (describing how tax-based public school funding creates intradistrict inequities); Michael Heise, State Constitutions, School Finance Litigation, and the "Third Wave": From Equity to Adequacy, 68 TEMP. L. REV. 1151, 1151-66 (1995) (describing three different legal approaches to challenging inequities in school finance systems); Peyser, supra note 1, at 625 (stating that in Massachusetts, more than 60% of "K-12 spending is funded by local property taxes. Because wealthier communities have higher property values, their capacity for raising money is much greater than poorer towns and cities."); Joshua Wolf Shenk, Saving Education: The Public Schools' Last Hurrah?, CURRENT, July-Aug. 1996, at 3, 9 (stating that "[t]he 'equalization' movement, which seeks to pool tax money at the state level for more equitable redistribution to schools, is a welcome step toward alleviating often-glaring discrepancies in teacher salaries, school facilities, and supplies"); see also Craig A. Ollenschleger, Another Failing Grade: New Jersey Repeats School Funding Reform, 25 SETON HALL L. REV. 1074, 1078-79 (1995) (noting that states have spent large sums defending school systems in courts). See generally Brown, supra note 9, at 188-202 (discussing evolution of funding reform from 1970s through 1990s).
83. Urban schools with high concentrations of black and Latino students are traditionally underfunded when local property taxes provide the financial base. See Carter, supra note 3, at 887-88 (describing how tax-based public school funding creates intradistrict inequities); Michael Heise, State Constitutions, School Finance Litigation, and the "Third Wave": From Equity to Adequacy, 68 TEMP. L. REV. 1151, 1151-66 (1995) (describing three different legal approaches to challenging inequities in school finance systems); Peyser, supra note 1, at 625 (stating that in Massachusetts, more than 60% of "K-12 spending is funded by local property taxes. Because wealthier communities have higher property values, their capacity for raising money is much greater than poorer towns and cities."); Joshua Wolf Shenk, Saving Education: The Public Schools' Last Hurrah?, CURRENT, July-Aug. 1996, at 3, 9 (stating that "[t]he 'equalization' movement, which seeks to pool tax money at the state level for more equitable redistribution to schools, is a welcome step toward alleviating often-glaring discrepancies in teacher salaries, school facilities, and supplies"); see also Craig A. Ollenschleger, Another Failing Grade: New Jersey Repeats School Funding Reform, 25 SETON HALL L. REV. 1074, 1078-79 (1995) (noting that states have spent large sums defending school systems in courts). See generally Brown, supra note 9, at 188-202 (discussing evolution of funding reform from 1970s through 1990s).
84. Despite findings of gross inequality, adequate remedies are almost nonexistent. Technically, the Constitution prohibited qualitative disparity under the separate but equal doctrine. See, e.g., Pitts v. Board of Trustees, 84 F. Supp. 975, 979-82 (E.D. Ark. 1949) (noting need to proceed slowly and with care, court granted defendant school district "reasonable time" to remedy grossly unequal school facilities, including inferior teachers, libraries, transportation arrangements, and lack of running water and toilets).
85. As one commentator has written: One of the primary reasons we insisted at the 1950 NAACP convention that the NAACP only sponsor cases attacking segregation head-on, and not cases seeking only equalization of school facilities, was our belief that integration was crucial to combatting the generally accepted American mainstream notion that black people are educationally inferior to white people. Carter, supra note 3, at 889.
86. In the landmark case overturning the separate but equal doctrine, Chief Justice Warren delivered the opinion of the Court, stating: "To separate them [blacks] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." Brown v. Board of Educ., 347 U.S. 483, 494 (1954).
87. See Clarence Thomas, An Afro-American Perspective: Toward a "Plain Reading" of the Constitution - The Declaration of Independence in Constitutional Interpretation, 1987 HOW. L.J. 691, 699 (citing Plessy v. Ferguson, 163 U.S. 557 (1896)).
88. See id. at 700.
89. 115 S. Ct. 2038 (1995).
90. See id. at 2065 ("Segregation was not unconstitutional because it might have caused psychological feelings of inferiority. . . . Psychological injury or benefit is irrelevant to the question whether state actors have engaged in intentional discrimination - the critical inquiry for ascertaining violations of the Equal Protection Clause.").
91. Id. (quoting United States v. Fordice, 505 U.S. 717, 748 (1992) (citation omitted)); see also James Traub, Ghetto Blasters: The Case for All-Black Schools, NEW REPUBLIC, Apr. 15, 1991, at 21 (discussing benefits of all-black schools).
92. 678 A.2d 1267 (Conn. 1996).
93. See id. at 1270-71.
94. See id. at 1293.
95. The alleged harm to minority plaintiffs was that racial isolation (segregation based upon race and poverty) under a state operated system amounted to unlawful discrimination against them, according to Articles 1 and 8 of the Connecticut Constitution. White suburban children were not declared to have been harmed, although the benefits of an integrated system received judicial notice. See id. at 1285.
96. See id. at 1270-71.
97. See Matthew Daly, Rowland Calls Sheff Ruling 'Easy Way Out'; Governor Says Changes May Not Come for Years, HARTFORD COURANT, July 11, 1996, at A1 (stating Connecticut Governor John Rowland "reiterated his opposition to involuntary busing or an end to local control of schools").
98. Similarly, black parents in DeKalb County, Georgia, who challenged a busing plan were "highly skeptical about measures to reassign students on the basis of race." Robert Anthony Watts, Shattered Dreams and Nagging Doubts: The Declining Support Among Black Parents for School Desegregation, 42 EMORY L.J. 891, 895 (1993). As Doris Wilkinson has noted: At this political moment, integration of the schools has been an abysmal failure. Although this mandated change was a necessary prerequisite for granting access to public accommodations and all other institutions in the United States, in the school setting, it is malfunctioning. . . . The data are sparse and inconsistent on the benefits of busing and school "integration." It is known, however, that African American children are failing, dropping out at alarming rates, and graduating without basic literacy skills. In addition, their developmental and cultural needs are not being met. Doris Y. Wilkinson, Integration Dilemmas in a Racist Culture, 33 SOCIETY 27, 31 (1996).
99. Similarly, black parents in DeKalb County, Georgia, who challenged a busing plan were "highly skeptical about measures to reassign students on the basis of race." Robert Anthony Watts, Shattered Dreams and Nagging Doubts: The Declining Support Among Black Parents for School Desegregation, 42 EMORY L.J. 891, 895 (1993). As Doris Wilkinson has noted: At this political moment, integration of the schools has been an abysmal failure. Although this mandated change was a necessary prerequisite for granting access to public accommodations and all other institutions in the United States, in the school setting, it is malfunctioning. . . . The data are sparse and inconsistent on the benefits of busing and school "integration." It is known, however, that African American children are failing, dropping out at alarming rates, and graduating without basic literacy skills. In addition, their developmental and cultural needs are not being met. Doris Y. Wilkinson, Integration Dilemmas in a Racist Culture, 33 SOCIETY 27, 31 (1996).
100. As Professor Drew Days has argued: For example, schools that served not only as educational institutions but as community centers in predominantly black neighborhoods have been closed; the burden of busing has fallen disproportionately upon black children; black teachers and administrators have been dismissed and demoted disproportionately; and black students have encountered increased disciplinary action in recently desegregated schools. Drew S. Days, III, Brown Blues: Rethinking the Integrative Ideal, 34 WM. & MARY L. REV. 53, 55 (1992).
101. See Wilkinson, supra note 79, at 31 ("Suppressed motivation, low achievement, poor test performance, and attrition rates for these [black] children are major signals of the failure of school integration. Also, in the desegregated schools, racial hostility and 'hate speech' have reached an all-time high. Similarly, violence is a frequent mode of conflict resolution."); see also Williams, supra note 11, at 101 ("From an early age, African-American students must endure psychological and emotional stress in order to enjoy the benefits of predominantly white educational institutions . . . ."); Book Note, supra note 38, at 1145. David Armor's empirical research demonstrates that the claimed benefits of integration for minority children is unsupported. For example, the gains attributed to integration are likely caused by improvements in the educational status of black parents, and desegregation may actually lower black children's self-esteem. According to Armor, none of the studies shows conclusively that racial harmony improves as a result of integration; other achievement-related benefits have also been oversold. See id.
102. See Wilkinson, supra note 79, at 27-28.
103. Id. Wilkinson also quotes a public school teacher of 25 years who attended segregated schools growing up: "The black child has gotten cheated through integration" because "the black child has to prove himself [or herself]. With integration, [we] got more money, better facilities, better textbooks. [But] what is missing is nurturing and the caring. This has had negative effects. Kids who could have been leaders are pretty much ignored. [You] can't ignore somebody and expect them to behave, to fit in." Id. at 29 (alterations in original).
104. See, e.g., Alexei Barrionuevo, First Black Trustee in Lancaster Vows to Press for Change, DALLAS MORNING NEWS, May 15, 1995, at 15A (noting that student population of City of Lancaster is 60% black and Hispanic, while corresponding teacher population is only 8.5% black and Hispanic); Jeffrey Bils, In Suburbs Schools Face Diversity Gap: More Non-White Students, but Few Minority Teachers, CHI. TRIB., Sept. 8, 1996, at 1 (noting that more than 99% of new teachers hired in suburban Chicago schools districts were white); Grace Schneider, Moving in Floyd, Struggling in Clark; Minority-Teacher Hiring Results Mixed, COURIER-J., July 24, 1995, at 1A (stating that local "black parents and community leaders have complained for years that the number of minority teachers and administrators does not come close to mirroring the racial composition of either district"); infra text accompanying note 101.
105. See, e.g., Alexei Barrionuevo, First Black Trustee in Lancaster Vows to Press for Change, DALLAS MORNING NEWS, May 15, 1995, at 15A (noting that student population of City of Lancaster is 60% black and Hispanic, while corresponding teacher population is only 8.5% black and Hispanic); Jeffrey Bils, In Suburbs Schools Face Diversity Gap: More Non-White Students, but Few Minority Teachers, CHI. TRIB., Sept. 8, 1996, at 1 (noting that more than 99% of new teachers hired in suburban Chicago schools districts were white); Grace Schneider, Moving in Floyd, Struggling in Clark; Minority-Teacher Hiring Results Mixed, COURIER-J., July 24, 1995, at 1A (stating that local "black parents and community leaders have complained for years that the number of minority teachers and administrators does not come close to mirroring the racial composition of either district"); infra text accompanying note 101.
106. See, e.g., Alexei Barrionuevo, First Black Trustee in Lancaster Vows to Press for Change, DALLAS MORNING NEWS, May 15, 1995, at 15A (noting that student population of City of Lancaster is 60% black and Hispanic, while corresponding teacher population is only 8.5% black and Hispanic); Jeffrey Bils, In Suburbs Schools Face Diversity Gap: More Non-White Students, but Few Minority Teachers, CHI. TRIB., Sept. 8, 1996, at 1 (noting that more than 99% of new teachers hired in suburban Chicago schools districts were white); Grace Schneider, Moving in Floyd, Struggling in Clark; Minority-Teacher Hiring Results Mixed, COURIER-J., July 24, 1995, at 1A (stating that local "black parents and community leaders have complained for years that the number of minority teachers and administrators does not come close to mirroring the racial composition of either district"); infra text accompanying note 101.
107. Wilkinson, supra note 79, at 31.
108. Gary Orfield & David Thoronson, Dismantling Desegregation: Uncertain Gains, Unexpected Costs, 42 EMORY L.J. 759, 783 (1993).
109. See infra notes 113-52 and accompanying text (discussing incidents of racism affecting low and middle-income blacks).
110. See supra notes 60-62.
111. Macchiarola et al., supra note 31, at 585.
112. But cf. Beck, supra note 32, at 1046 (describing continuing violation of minority children's constitutional right to enroll in desegregated schools at earliest possible time, despite their urgent need).
113. See supra text accompanying notes 14-19.
114. Greenfeld, supra note 3, at 378. For a comprehensive discussion of a long-term project that applied social and behavioral science principles to meet the needs of inner-city children in an educational environment, see JAMES P. COMER, SCHOOL POWER: IMPLICATIONS OF AN INTERVENTION PROJECT 60-75 (1993). See also James P. Comer & Norris M. Haynes, Meeting the Needs of Black Children in Public Schools: A School Reform Challenge, in THE EDUCATION OF AFRICAN-AMERICANS 67-68 (Charles V. Willie et al. eds., 1991) (analyzing school reform research and noting that while prominent models offer some potential benefits in improving achievement among blacks, the "structure of public
115. Greenfeld, supra note 3, at 378. For a comprehensive discussion of a long-term project that applied social and behavioral science principles to meet the needs of inner-city children in an educational environment, see JAMES P. COMER, SCHOOL POWER: IMPLICATIONS OF AN INTERVENTION PROJECT 60-75 (1993). See also James P. Comer & Norris M. Haynes, Meeting the Needs of Black Children in Public Schools: A School Reform Challenge, in THE EDUCATION OF AFRICAN-AMERICANS 67-68 (Charles V. Willie et al. eds., 1991) (analyzing school reform research and noting that while prominent models offer some potential benefits in improving achievement among blacks, the "structure of public education and the philosophies that have guided its development and implementation have neglected to recognize and incorporate salient features of black culture and the black experience in America").
116. See John A. Powell, Living and Learning: Linking Housing and Education, 80 MINN. L. REV. 749, 784-88 (1996). Powell argues that social reasons for seriously pursuing integration originate from ideas of just and participatory society and not merely from the Equal Protection Clause. The results of integrated education are that academic achievement improves for minority students who are bused to white schools, the gap in lest scores narrows, black children educated in integrated schools gain employment and admission to college at higher rates, and the academic achievement of whites either improves or remains stable. See id. at 788-92; see also JoAnn Grozuczak Goedert, Jenkins v. Missouri: The Future of Interdistrict School Desegregation, 76 GEO. L.J. 1867, 1880 (1988) (stating that educational achievement data suggest that "significant benefits . . . arise only when socioeconomic, as well as racial, integration occurs"). But cf. Paul Gewirtz, Choice in the Transition: School Desegregation and the Corrective Ideal, 86 COLUM. L. REV. 728, 776 (1986) (describing primary benefits of integration as preparing nonwhites for "racially diverse world" and giving them access to benefits of white power).
117. See John A. Powell, Living and Learning: Linking Housing and Education, 80 MINN. L. REV. 749, 784-88 (1996). Powell argues that social reasons for seriously pursuing integration originate from ideas of just and participatory society and not merely from the Equal Protection Clause. The results of integrated education are that academic achievement improves for minority students who are bused to white schools, the gap in lest scores narrows, black children educated in integrated schools gain employment and admission to college at higher rates, and the academic achievement of whites either improves or remains stable. See id. at 788-92; see also JoAnn Grozuczak Goedert, Jenkins v. Missouri: The Future of Interdistrict School Desegregation, 76 GEO. L.J. 1867, 1880 (1988) (stating that educational achievement data suggest that "significant benefits . . . arise only when socioeconomic, as well as racial, integration occurs"). But cf. Paul Gewirtz, Choice in the Transition: School Desegregation and the Corrective Ideal, 86 COLUM. L. REV. 728, 776 (1986) (describing primary benefits of integration as preparing nonwhites for "racially diverse world" and giving them access to benefits of white power).
118. See John A. Powell, Living and Learning: Linking Housing and Education, 80 MINN. L. REV. 749, 784-88 (1996). Powell argues that social reasons for seriously pursuing integration originate from ideas of just and participatory society and not merely from the Equal Protection Clause. The results of integrated education are that academic achievement improves for minority students who are bused to white schools, the gap in lest scores narrows, black children educated in integrated schools gain employment and admission to college at higher rates, and the academic achievement of whites either improves or remains stable. See id. at 788-92; see also JoAnn Grozuczak Goedert, Jenkins v. Missouri: The Future of Interdistrict School Desegregation, 76 GEO. L.J. 1867, 1880 (1988) (stating that educational achievement data suggest that "significant benefits . . . arise only when socioeconomic, as well as racial, integration occurs"). But cf. Paul Gewirtz, Choice in the Transition: School Desegregation and the Corrective Ideal, 86 COLUM. L. REV. 728, 776 (1986) (describing primary benefits of integration as preparing nonwhites for "racially diverse world" and giving them access to benefits of white power).
119. Powell, supra note 93, at 787-88.
120. See PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS 188 (1991).
121. Id.
122. Cf. Robin D. Barnes, Blue by Day and White by [K]night: Regulating the Political Affiliations of Law Enforcement and Military Personnel, 81 IOWA L. REV. 1079, 1117-20 (1996) (citing prominent examples of racial violence).
123. See infra notes 111-16 and accompanying text.
124. Rob Hotakainen, State Is Urged to Stem Racism; Multicultural Education Called Key to Diversity, STAR TRIB. (Minneapolis-St. Paul, Minn.), Dec. 25, 1995, at 1B.
125. Id.
126. See id.
127. Many black children attend schools with few or no black teachers. West Hills School, discussed infra, had no black teachers at the middle school level (and only one in the elementary school) before the controversy over Huckleberry Finn. This problem exists in many jurisdictions. The affirmative action committee of the Osceola County Schools in Florida worked for two years on the question of recruiting black and Hispanic teachers and administrators. Their number one recommendation was that the Board of Education hire one full-time minority recruiter whose primary duty would be to seek out talented minority teachers and administrators. When the Board rejected the recommendation, the committee's director reminded the all-white school board: "'Your child[ren] can walk into every school in Osceola County and see their role models. That's not true of every minority student.'" Geoff Clark, School Board Policy Not Racist, but Result Is, ORLANDO SENTINEL, Dec. 18, 1994, at 1.
128. See Hotakainen, supra note 99. For an extended review of the history of racism in Minnesota's school system, see Cheryl W. Heilman, 127 Booker v. Special School District No. 1: A History of School Desegregation in Minneapolis, Minnesota, 12 LAW & INEQ. J. 127 (1993).
129. See Hotakainen, supra note 99.
130. Id.; see also Drew Silvern, Cover-Up Racist Incident Is Denied: Poway Students Appeared in Black Face, SAN DIEGO UNION TRIB., Jan. 12, 1994, at B1 (discussing how principal wrote of racist incident as "poor judgment" on part of California high school students who used invitation to KKK picnic as source for historic skit depicting Klan meeting in which student appeared in blackface). A Minnesota art teacher was not disciplined alter drawing a watermelon and cotton patch on a picture other students had drawn of a biracial student. See James Walsh, Troubleshooter Is Sent to Quell School Tension, STAR TRIB. (Minneapolis-St. Paul, Minn.), Apr. 25, 1992, at 1B.
131. Id.; see also Drew Silvern, Cover-Up Racist Incident Is Denied: Poway Students Appeared in Black Face, SAN DIEGO UNION TRIB., Jan. 12, 1994, at B1 (discussing how principal wrote of racist incident as "poor judgment" on part of California high school students who used invitation to KKK picnic as source for historic skit depicting Klan meeting in which student appeared in blackface). A Minnesota art teacher was not disciplined alter drawing a watermelon and cotton patch on a picture other students had drawn of a biracial student. See James Walsh, Troubleshooter Is Sent to Quell School Tension, STAR TRIB. (Minneapolis-St. Paul, Minn.), Apr. 25, 1992, at 1B.
132. See Hotakainen, supra note 99.
133. See Edward Wagner, Liberal Establishment on Tory Row, NAT'L REV., Dec. 31, 1989, at 19, 19-20 (noting that petition opposed school's application for special permit to conduct elementary school).
134. See id. at 20.
135. Id. at 19.
136. See id. at 20.
137. David Stout, Dismayed Greenwich Confronts a Message of Hate in a Yearbook, N.Y. TIMES, June 15, 1995, at B1 (noting that only three percent of student population is black). An anti-Semitic yearbook incident had occurred in California the year before. A 13-year-old girl was targeted for vilification on her first day of class when she wore a Star of David. She was called a "stupid Jew" in English class, given the Nazi salute in the hallway, and "Jew" was scrawled over her picture in the yearbook. See Catherine Bridge, Educators Battle Rise in Racism, SACRAMENTO BEE, Aug. 25, 1994, at N1.
138. David Stout, Dismayed Greenwich Confronts a Message of Hate in a Yearbook, N.Y. TIMES, June 15, 1995, at B1 (noting that only three percent of student population is black). An anti-Semitic yearbook incident had occurred in California the year before. A 13-year-old girl was targeted for vilification on her first day of class when she wore a Star of David. She was called a "stupid Jew" in English class, given the Nazi salute in the hallway, and "Jew" was scrawled over her picture in the yearbook. See Catherine Bridge, Educators Battle Rise in Racism, SACRAMENTO BEE, Aug. 25, 1994, at N1.
139. One black student at Sheehan High School in Wallingford, Connecticut, has been called "nigger" to his face, has argued with whites over being stereotyped, and has seen the Klan visit the school. See Trevor W. Coleman, Yearbook Incident a Reflection, HARTFORD COURANT, June 25, 1995, at H1. Students around the country have been victimized by racism in recent years. Following a freshman year filled with racist incidents, a 15-year-old returned to a Boston high school during her sophomore year to find a drawing of a burned black man with a gun pointed to his head on a blackboard in her home room Only 60 of the 1200 students at the school are members of a minority group. See Jordana Hart, Bigotry at School Still Felt, BOSTON GLOBE, Dec. 6, 1992, at 1; see also E. Richard Walton, School Woes: Middlebury KKK Posters Latest in Racial Incidents, FLA. TIMES UNION, Mar. 2, 1996, at 1 (referring to incident in which Florida high school student hung five posters featuring white hooded Klansmen recruiting students to KKK); Tawanda D. Williams, North Hills Offers Plan to Combat School Bias, PITT. POST, Apr. 6, 1994, at C5 (discussing how 10 black students at suburban Pennsylvania school with 1026 nonblack students have had racial epithets hurled at them and have been taunted and spat at by group of whites); UPI (Regional News), May 14, 1993, available in LEXIS, Nexis Library, UPI File (discussing situation in which students wore KKK insignia on their clothes and placed "white" and "colored" signs on drinking fountains in central Illinois middle school).
140. One black student at Sheehan High School in Wallingford, Connecticut, has been called "nigger" to his face, has argued with whites over being stereotyped, and has seen the Klan visit the school. See Trevor W. Coleman, Yearbook Incident a Reflection, HARTFORD COURANT, June 25, 1995, at H1. Students around the country have been victimized by racism in recent years. Following a freshman year filled with racist incidents, a 15-year-old returned to a Boston high school during her sophomore year to find a drawing of a burned black man with a gun pointed to his head on a blackboard in her home room Only 60 of the 1200 students at the school are members of a minority group. See Jordana Hart, Bigotry at School Still Felt, BOSTON GLOBE, Dec. 6, 1992, at 1; see also E. Richard Walton, School Woes: Middlebury KKK Posters Latest in Racial Incidents, FLA. TIMES UNION, Mar. 2, 1996, at 1 (referring to incident in which Florida high school student hung five posters featuring white hooded Klansmen recruiting students to KKK); Tawanda D. Williams, North Hills Offers Plan to Combat School Bias, PITT. POST, Apr. 6, 1994, at C5 (discussing how 10 black students at suburban Pennsylvania school with 1026 nonblack students have had racial epithets hurled at them and have been taunted and spat at by group of whites); UPI (Regional News), May 14, 1993, available in LEXIS, Nexis Library, UPI File (discussing situation in which students wore KKK insignia on their clothes and placed "white" and "colored" signs on drinking fountains in central Illinois middle school).
141. One black student at Sheehan High School in Wallingford, Connecticut, has been called "nigger" to his face, has argued with whites over being stereotyped, and has seen the Klan visit the school. See Trevor W. Coleman, Yearbook Incident a Reflection, HARTFORD COURANT, June 25, 1995, at H1. Students around the country have been victimized by racism in recent years. Following a freshman year filled with racist incidents, a 15-year-old returned to a Boston high school during her sophomore year to find a drawing of a burned black man with a gun pointed to his head on a blackboard in her home room Only 60 of the 1200 students at the school are members of a minority group. See Jordana Hart, Bigotry at School Still Felt, BOSTON GLOBE, Dec. 6, 1992, at 1; see also E. Richard Walton, School Woes: Middlebury KKK Posters Latest in Racial Incidents, FLA. TIMES UNION, Mar. 2, 1996, at 1 (referring to incident in which Florida high school student hung five posters featuring white hooded Klansmen recruiting students to KKK); Tawanda D. Williams, North Hills Offers Plan to Combat School Bias, PITT. POST, Apr. 6, 1994, at C5 (discussing how 10 black students at suburban Pennsylvania school with 1026 nonblack students have had racial epithets hurled at them and have been taunted and spat at by group of whites); UPI (Regional News), May 14, 1993, available in LEXIS, Nexis Library, UPI File (discussing situation in which students wore KKK insignia on their clothes and placed "white" and "colored" signs on drinking fountains in central Illinois middle school).
142. One black student at Sheehan High School in Wallingford, Connecticut, has been called "nigger" to his face, has argued with whites over being stereotyped, and has seen the Klan visit the school. See Trevor W. Coleman, Yearbook Incident a Reflection, HARTFORD COURANT, June 25, 1995, at H1. Students around the country have been victimized by racism in recent years. Following a freshman year filled with racist incidents, a 15-year-old returned to a Boston high school during her sophomore year to find a drawing of a burned black man with a gun pointed to his head on a blackboard in her home room Only 60 of the 1200 students at the school are members of a minority group. See Jordana Hart, Bigotry at School Still Felt, BOSTON GLOBE, Dec. 6, 1992, at 1; see also E. Richard Walton, School Woes: Middlebury KKK Posters Latest in Racial Incidents, FLA. TIMES UNION, Mar. 2, 1996, at 1 (referring to incident in which Florida high school student hung five posters featuring white hooded Klansmen recruiting students to KKK); Tawanda D. Williams, North Hills Offers Plan to Combat School Bias, PITT. POST, Apr. 6, 1994, at C5 (discussing how 10 black students at suburban Pennsylvania school with 1026 nonblack students have had racial epithets hurled at them and have been taunted and spat at by group of whites); UPI (Regional News), May 14, 1993, available in LEXIS, Nexis Library, UPI File (discussing situation in which students wore KKK insignia on their clothes and placed "white" and "colored" signs on drinking fountains in central Illinois middle school).
143. One black student at Sheehan High School in Wallingford, Connecticut, has been called "nigger" to his face, has argued with whites over being stereotyped, and has seen the Klan visit the school. See Trevor W. Coleman, Yearbook Incident a Reflection, HARTFORD COURANT, June 25, 1995, at H1. Students around the country have been victimized by racism in recent years. Following a freshman year filled with racist incidents, a 15-year-old returned to a Boston high school during her sophomore year to find a drawing of a burned black man with a gun pointed to his head on a blackboard in her home room Only 60 of the 1200 students at the school are members of a minority group. See Jordana Hart, Bigotry at School Still Felt, BOSTON GLOBE, Dec. 6, 1992, at 1; see also E. Richard Walton, School Woes: Middlebury KKK Posters Latest in Racial Incidents, FLA. TIMES UNION, Mar. 2, 1996, at 1 (referring to incident in which Florida high school student hung five posters featuring white hooded Klansmen recruiting students to KKK); Tawanda D. Williams, North Hills Offers Plan to Combat School Bias, PITT. POST, Apr. 6, 1994, at C5 (discussing how 10 black students at suburban Pennsylvania school with 1026 nonblack students have had racial epithets hurled at them and have been taunted and spat at by group of whites); UPI (Regional News), May 14, 1993, available in LEXIS, Nexis Library, UPI File (discussing situation in which students wore KKK insignia on their clothes and placed "white" and "colored" signs on drinking fountains in central Illinois middle school).
144. See Charles R. Lawrence III, If He Hollers Let Him Go: Regulating Racist Speech on Campus, 1990 DUKE L.J. 431, 459-60 (describing now much of family's anguish came from parents who rushed to defend students, insisting that incident was only joke).
145. See id. at 460.
146. See id.
147. Id. at 460-61.
148. James Forman, Jr., Note, Driving Dixie Down: Removing the Confederate Flag from Southern State Capitols, 101 YALE L.J. 505, 526 (1991). The Confederate flag has long been recognized as a symbol of white racism. See, e.g., Augustus v. School Bd., 507 F.2d 152 (5th Cir. 1975) (holding that school officials could ban use of Confederate flag by individual students at school functions on grounds that flag caused racial tension); Melton v. Young, 465 F.2d 1332 (6th Cir. 1972) (finding no constitutional violation in public school's suspension of student for wearing jacket bearing rebel flag).
149. See J. Harvie Wilkinson III, The Law of Civil Rights and the Dangers of Separatism in Multicultural America, 47 STAN. L. REV. 993, 996 (1995) (describing courage of early black integrationists who braved threat of mob violence to enter Little Rock High School).
150. See Eric L. Wee, Lessons in Tolerance; Brentsville High Plans Multicultural Programs, WASH. POST., Sept. 7, 1995, at V1.
151. Id.
152. See id.
153. See id.; see also Andrea Stone, Past Truths with a Present Spin: Events Are Reshaped with Passage of Time, USA TODAY, May 19, 1995, at 4A (describing Senate rejection of new national history teaching standards for elementary and secondary schools).
154. Karla Schuster, "Huckleberry Finn" Banned from Lessons, NEW HAVEN REG., Mar. 17, 1995, at A11 (discussing controversy over removal of Huckleberry Finn from curriculum).
155. See Karla Schuster, Magnet School Lottery Draws Fire, NEW HAVEN REG., Mar. 10, 1996, at A1.
156. See Statement of Patricia Augustine Reaves, Cochair of West Hills Middle School Parent Advisory Committee and Elementary School Teacher, New Haven Public Schools (Feb. 26, 1997) (on file with the Yale Law Journal) [hereinafter Reaves Statement].
157. Every year the book is taught in thousands of schools across the nation and controversy erupts over its value. See Gerald Graff & James Phelan, How to Deal with the "Huck" Problem, WASH. POST, Aug. 17, 1995, at A29. The general response to problems surrounding the decision to teach the book is to defend it as an American classic. See Jonathan Rabinovitz, Huckleberry Finn Without Fear, N.Y. TIMES, July 25, 1995, at B1 (describing national conference on preparing teachers to teach Huckleberry Finn in 1990s).
158. Every year the book is taught in thousands of schools across the nation and controversy erupts over its value. See Gerald Graff & James Phelan, How to Deal with the "Huck" Problem, WASH. POST, Aug. 17, 1995, at A29. The general response to problems surrounding the decision to teach the book is to defend it as an American classic. See Jonathan Rabinovitz, Huckleberry Finn Without Fear, N.Y. TIMES, July 25, 1995, at B1 (describing national conference on preparing teachers to teach Huckleberry Finn in 1990s).
159. See Allen Carey-Webb, Racism and Huckleberry Finn: Censorship, Dialogue and Change, ENG. J., Nov. 1993, at 24 (describing Twain's fondness for minstrel shows).
160. See id.
161. See Statement of Dr. Norris M. Haynes, Psychologist, Yale Child Study Center (Feb. 27, 1997) (on file with the Yale Law Journal); Statement of Dr. Edward Joyner, Executive Director, Yale Child Study Center (Mar. 3, 1997) (on file with the Yale Law Journal).
162. See Statement of Dr. Norris M. Haynes, Psychologist, Yale Child Study Center (Feb. 27, 1997) (on file with the Yale Law Journal); Statement of Dr. Edward Joyner, Executive Director, Yale Child Study Center (Mar. 3, 1997) (on file with the Yale Law Journal).
163. See, e.g., Carey-Webb, supra note 127, at 27 (relating anecdotes in which college classmates recalled feeling uncomfortable in high school discussions of Huckleberry Finn); cf. Kevin Brown, Do African-Americans Need Immersion Schools?: The Paradoxes Created by Legal Conceptualization of Race and Public Education, 78 IOWA L. REV. 813, 816 (1993) (stating that as 16-year-old high school junior, he saw The Adventures of Huckleberry Finn as "the epitome of a racist novel").
164. See Carey-Webb, supra note 127, at 28 (proposing "principles and caveats" for teaching of Huck Finn).
165. The failure to include works written by educated blacks in the nineteenth century left the students with a false sense of history. For this reason, the sanitized version of the book was no better than the original. Replacing the word "nigger" with "Negro" would not have diminished the reaction of students like Doron Flake, an eighth grader who said to his mother, after a day of reading the book out loud in the class: "'We are the drug dealers, we're the murderers, we're the rapists, we're everything that's negative. Do I have to go to school and be Jim too?'" Susan A. Zavadsky, Mom, Son's Stand on "Huck" Makes ABC News, NEW HAVEN REG., July 28, 1995, at A3. Another commentator has noted that cultural values are transmitted through works such as Huckleberry Finn. Referring to that work, Victor Goode wrote: A basic and historic function of education is the transmitting of normative cultural values. Unfortunately, this acculturation process may be tainted by cultural racism. Cultural racism is expressed through historical myths that romanticize the past. It is also evident in language, symbols, and in the imposition of white ethnocentric standards on other racial groups. Victor Goode, Cultural Racism in Public Education: A Legal Tactic for Black Texans, 33 HOW. L.J. 321, 321 (1990).
166. The failure to include works written by educated blacks in the nineteenth century left the students with a false sense of history. For this reason, the sanitized version of the book was no better than the original. Replacing the word "nigger" with "Negro" would not have diminished the reaction of students like Doron Flake, an eighth grader who said to his mother, after a day of reading the book out loud in the class: "'We are the drug dealers, we're the murderers, we're the rapists, we're everything that's negative. Do I have to go to school and be Jim too?'" Susan A. Zavadsky, Mom, Son's Stand on "Huck" Makes ABC News, NEW HAVEN REG., July 28, 1995, at A3. Another commentator has noted that cultural values are transmitted through works such as Huckleberry Finn. Referring to that work, Victor Goode wrote: A basic and historic function of education is the transmitting of normative cultural values. Unfortunately, this acculturation process may be tainted by cultural racism. Cultural racism is expressed through historical myths that romanticize the past. It is also evident in language, symbols, and in the imposition of white ethnocentric standards on other racial groups. Victor Goode, Cultural Racism in Public Education: A Legal Tactic for Black Texans, 33 HOW. L.J. 321, 321 (1990).
167. See Jimmy-Lee Moore, Why Huckleberry Finn, ADVANCE (New Haven Federation of Teachers, Union Newsletter), Summer 1995, at 3 (describing "malicious malignant cancerous [racism] that has been voraciously feasting upon our society since 1492"). Moore is a teacher in the gifted and talented program at the East Rock Community School. See id.
168. Id.
169. See Schuster, supra note 123.
170. See Reaves Statement, supra note 125.
171. See infra text accompanying notes 145-46. Black students, of course, are not the only minority group to experience humiliating bias. In one episode, after classmates harassed and humiliated a Jewish middle school girl, the girl's grandmother offered to treat the entire eighth grade of her school to a showing of Schindler's List and to have a Holocaust survivor speak with the students. The girl's social studies teacher rejected the offer and said, "'I have to get through the Civil War.'" Bridge, supra note 111.
172. See Homework Assignment Given to Eighth Graders at West Mills Middle School (Mar. 1, 1995) (on file with the Yale Law Journal) (including vocabulary skills exercise containing the following fill-in-the-blank question: "'Don't ever tell me any more that a nigger ain't got any - talent.'").
173. See Reaves Statement, supra note 125.
174. See id.
175. See Letter from Janice K. Romo, Principal of West Hills Middle School, to Parents of School's Students (Mar. 22, 1995) (on file with the Yale Law Journal) (postponing meeting for third time).
176. See Reaves Statement, supra note 125.
177. All three of the teachers hired at the middle school since the incident are African American. See id.
178. Schuster, supra note 123 (quoting Superintendent Reginald Mayo). A letter was sent to the superintendent on March 23, 1995, affirming that racial harmony was not threatened. It reads in pertinent part as follows: We believe that the decision was good for all of the children. Moreover, no one has reported a decrease in harmony among those parents and children who have always maintained racial and ethnic diversity in their social interactions . . . . [As a parent volunteer,] I am at the school every morning for approximately 15-20 minutes, the seventh and eighth graders and parent volunteers wait in the gym until homeroom starts. I am happy to report that the kids are getting along just fine . . . . Memorandum from Robin Barnes to Dr. Reginald Mayo, Superintendent of New Haven Public Schools (Mar. 23, 1995) (on file with the Yale Law Journal).
179. See Jerry Dunklee, Huck Finn Debate Simmers at City School, NEW HAVEN REG., July 19, 1995, at A10.
180. Jane Smiley, Say It Ain't So, Huck: Second Thoughts on Mark Twain's "Masterpiece", HARPER'S MAG., Jan. 1996, at 61, 63.
181. Retaliation included suspensions for minor infractions. Most notably, the eighth grade language arts teacher, who was not at the center of the controversy, engaged in what appeared to be retaliatory behavior against eighth grader Doron Flake, who felt that the book reinforced negative media images of blacks. At the end of the school year, teacher Joy Niziolek left a stack of Huckleberry Finn books on his desk. According to his mother, Doron "moved the books over to the window sill and tried to ignore them and the feelings of discomfort and anxiety they elicited." The assistant principal assured his mother that there was no malicious intent on Niziolek's part, that she "mistakenly" left them there while packing them away. Letter from Marcella Flake to Joy Niziolek 1 (May 25, 1995) (on file with the Yale Law Journal).
182. See Letter from Parents' Group to Dr. Reginald Mayo, Superintendent of New Haven Public Schools 1 (Nov. 18, 1995) (on file with the Yale Law Journal).
183. Id.
184. The Mark Twain House in Hartford hosted a seminar for teachers following the incident at which most of the 31 teachers were from Connecticut, "but none were from New Haven." Robert Frahm, Twain Scholars Defend Huck at Hartford Seminar, HARTFORD COURANT, July 25, 1995, at A1.
185. See Letter from Parents' Group to Dr. Reginald Mayo, supra note 148, at 1.
186. See id. at 2.
187. See Rick Green, Panel Adopts 15 Ideas for Schools Remedy; "Choice" 1 of Desegregation Options, HARTFORD COURANT, Jan. 17, 1997, at A1; Jonathan Rabinovitz, Report Urges School Choice in Connecticut, N.Y. TIMES, Jan. 23, 1997, at B1.
188. See Rick Green, Panel Adopts 15 Ideas for Schools Remedy; "Choice" 1 of Desegregation Options, HARTFORD COURANT, Jan. 17, 1997, at A1; Jonathan Rabinovitz, Report Urges School Choice in Connecticut, N.Y. TIMES, Jan. 23, 1997, at B1.
189. See Rabinovitz, supra note 153.
190. See Alex M. Johnson, Jr., Bid Whist, Tonk & United States v. Fordice: Why Integrationism Fails African-Americans Again, 81 CAL. L. REV. 1401, 1432-55 (1993) (arguing for voluntary nonintegration).
191. For example, in Connecticut, financial incentives are offered to interdistrict state charter schools that have the reduction of racial isolation as one of their objectives. See Memorandum to Potential Charter School Developers from Yvette Melendez Thiesfield, Program Manager, Connecticut Department of Education 1 (Oct. 15, 1996) (on file with the Yale Law Journal). Similarly, the state's new charter school legislation requires that admission to the new state-funded schools be conducted through a lottery system. See An Act Concerning Public Charter Schools § 2, P.A. No. 96-214, 1996 Conn. Legis. Serv. 660-61 (West).
192. For example, in Connecticut, financial incentives are offered to interdistrict state charter schools that have the reduction of racial isolation as one of their objectives. See Memorandum to Potential Charter School Developers from Yvette Melendez Thiesfield, Program Manager, Connecticut Department of Education 1 (Oct. 15, 1996) (on file with the Yale Law Journal). Similarly, the state's new charter school legislation requires that admission to the new state-funded schools be conducted through a lottery system. See An Act Concerning Public Charter Schools § 2, P.A. No. 96-214, 1996 Conn. Legis. Serv. 660-61 (West).
193. See COOKSON, supra note 10, at 35.
194. Shenk, supra note 64, at 3. Other authorities are in substantial agreement. Jaap Scheerens provides a comprehensive evaluation of the most widely cited national and international research on school effectiveness. Scheerens concludes that at the level of school organization, the most important contributing factors in creating schools that work are "pressure for achievement as an explicit choice in school policy, aspects of instructional leadership, recruitment of qualified staff, evaluative potential of the school, financial and material resources of the school, and school climate." JAAP SCHEERENS, EFFECTIVE SCHOOLING: RESEARCH, THEORY, AND PRACTICE 95 (1992).
195. See SCHEERENS, supra note 158, at 17; see also Samuel Krug, Leadership and Culture: A Quantitative Perspective on School Leadership and Instructional Climate, in EDUCATIONAL LEADERSHIP AND SCHOOL CULTURE 163, 169 (Marshall Sashkin & Herbert J. Walberg eds., 1993) (describing importance of principal who defines school's mission, manages curriculum and instruction, supervises teaching, monitors student progress, and promotes instructional climate).
196. See SCHEERENS, supra note 158, at 17.
197. The current problems with accountability in public education can be compared to those in charter schools. Lack of innovation is viewed as a primary detriment to public education. The primary goal of charter school legislation is the encouragement of innovative schools that will eventually lead to widespread education reform. See Ember Reichgott Junge, Charter Schools Will Work Better than Private School Vouchers, STAR TRIB. (Minneapolis-St. Paul, Minn.), Jan. 23, 1996, at 11A (describing Minnesota charter legislation as having produced much innovation in 18 schools in just three years). Charter schools are required to have high academic standards and are expected to outperform their public counterparts. See ABBY R. WEISS, GOING IT ALONE: A STUDY OF MASSACHUSETTS CHARTER SCHOOLS 18 (Institute for Responsive Education Report, 1997) ("One of the major questions that critics and proponents of charter schools will be asking is: What is the effect of these schools on mainstream education?"). The mission must include improved educational outcomes, and failure to achieve these results could result in revocation of the charter. See infra text accompanying note 212. On the other hand, when public schools begin to fail, they often receive more tax dollars rather than face extinction. Because most charter schools are not bound to automatic pay raises or lengthy renewal and tenure contracts for teachers and staff, they can rest assured that teachers and administrators who perform poorly need only be endured until the end of a relatively short contract period. In public education, it amounts to heresy to suggest that tenure and automatic pay raises undermine quality and that the focus should be on rewarding excellence. For example, in 1995, only five out of 900 principals and assistants received negative evaluations in Broward County, Florida. Deficient personnel were often transferred rather than dismissed. See Charlotte Greenbarg, Set Stringent Standards, Then Reward Excellence, SUN-SENTINEL, June 22, 1996, at 11A.
198. The current problems with accountability in public education can be compared to those in charter schools. Lack of innovation is viewed as a primary detriment to public education. The primary goal of charter school legislation is the encouragement of innovative schools that will eventually lead to widespread education reform. See Ember Reichgott Junge, Charter Schools Will Work Better than Private School Vouchers, STAR TRIB. (Minneapolis-St. Paul, Minn.), Jan. 23, 1996, at 11A (describing Minnesota charter legislation as having produced much innovation in 18 schools in just three years). Charter schools are required to have high academic standards and are expected to outperform their public counterparts. See ABBY R. WEISS, GOING IT ALONE: A STUDY OF MASSACHUSETTS CHARTER SCHOOLS 18 (Institute for Responsive Education Report, 1997) ("One of the major questions that critics and proponents of charter schools will be asking is: What is the effect of these schools on mainstream education?"). The mission must include improved educational outcomes, and failure to achieve these results could result in revocation of the charter. See infra text accompanying note 212. On the other hand, when public schools begin to fail, they often receive more tax dollars rather than face extinction. Because most charter schools are not bound to automatic pay raises or lengthy renewal and tenure contracts for teachers and staff, they can rest assured that teachers and administrators who perform poorly need only be endured until the end of a relatively short contract period. In public education, it amounts to heresy to suggest that tenure and automatic pay raises undermine quality and that the focus should be on rewarding excellence. For example, in 1995, only five out of 900 principals and assistants received negative evaluations in Broward County, Florida. Deficient personnel were often transferred rather than dismissed. See Charlotte Greenbarg, Set Stringent Standards, Then Reward Excellence, SUN-SENTINEL, June 22, 1996, at 11A.
199. The current problems with accountability in public education can be compared to those in charter schools. Lack of innovation is viewed as a primary detriment to public education. The primary goal of charter school legislation is the encouragement of innovative schools that will eventually lead to widespread education reform. See Ember Reichgott Junge, Charter Schools Will Work Better than Private School Vouchers, STAR TRIB. (Minneapolis-St. Paul, Minn.), Jan. 23, 1996, at 11A (describing Minnesota charter legislation as having produced much innovation in 18 schools in just three years). Charter schools are required to have high academic standards and are expected to outperform their public counterparts. See ABBY R. WEISS, GOING IT ALONE: A STUDY OF MASSACHUSETTS CHARTER SCHOOLS 18 (Institute for Responsive Education Report, 1997) ("One of the major questions that critics and proponents of charter schools will be asking is: What is the effect of these schools on mainstream education?"). The mission must include improved educational outcomes, and failure to achieve these results could result in revocation of the charter. See infra text accompanying note 212. On the other hand, when public schools begin to fail, they often receive more tax dollars rather than face extinction. Because most charter schools are not bound to automatic pay raises or lengthy renewal and tenure contracts for teachers and staff, they can rest assured that teachers and administrators who perform poorly need only be endured until the end of a relatively short contract period. In public education, it amounts to heresy to suggest that tenure and automatic pay raises undermine quality and that the focus should be on rewarding excellence. For example, in 1995, only five out of 900 principals and assistants received negative evaluations in Broward County, Florida. Deficient personnel were often transferred rather than dismissed. See Charlotte Greenbarg, Set Stringent Standards, Then Reward Excellence, SUN-SENTINEL, June 22, 1996, at 11A.
200. See CHUBB & MOE, supra note 4, at 71 ("[A]cademic achievement is the most common indicator of school performance in education research [and] the measure of effectiveness that school reformers now rely on most."); David A. Squires & Edward T. Joyner, Time and Alignment: Potent Tools for Improving Achievement, in RALLYING THE WHOLE VILLAGE: THE COMER PROCESS FOR REFORMING EDUCATION 98-99 (James P. Comer et al. eds., 1996) [hereinafter RALLYING THE WHOLE VILLAGE] ("Standardized test results receive wide publicity, and the public judges schools partially on the results of these tests."). According to Scheerens, "[i]t is no exaggeration to conclude that in all the theories and models discussed in this chapter [on school effectiveness theory development] proper evaluation emerges as an essential prerequisite to effectiveness, whereas unsound evaluation or no evaluation at all is associated with bad or even perverted organizational functioning." SCHEERENS, supra note 158, at 27; cf. Ernest L. Boyer, Foreword to SCHOOL CHOICE: EXAMINING THE EVIDENCE at xiii (Edith Rasse & Richard Rothstein eds., 1993) (finding that focus on academic achievement emphasizes "private benefits of schooling, and departs sharply from a vast body of work by well-regarded thinkers and writers underscoring the social imperatives of education and recognizing that schools also promote the common good").
201. See CHUBB & MOE, supra note 4, at 71 ("[A]cademic achievement is the most common indicator of school performance in education research [and] the measure of effectiveness that school reformers now rely on most."); David A. Squires & Edward T. Joyner, Time and Alignment: Potent Tools for Improving Achievement, in RALLYING THE WHOLE VILLAGE: THE COMER PROCESS FOR REFORMING EDUCATION 98-99 (James P. Comer et al. eds., 1996) [hereinafter RALLYING THE WHOLE VILLAGE] ("Standardized test results receive wide publicity, and the public judges schools partially on the results of these tests."). According to Scheerens, "[i]t is no exaggeration to conclude that in all the theories and models discussed in this chapter [on school effectiveness theory development] proper evaluation emerges as an essential prerequisite to effectiveness, whereas unsound evaluation or no evaluation at all is associated with bad or even perverted organizational functioning." SCHEERENS, supra note 158, at 27; cf. Ernest L. Boyer, Foreword to SCHOOL CHOICE: EXAMINING THE EVIDENCE at xiii (Edith Rasse & Richard Rothstein eds., 1993) (finding that focus on academic achievement emphasizes "private benefits of schooling, and departs sharply from a vast body of work by well-regarded thinkers and writers underscoring the social imperatives of education and recognizing that schools also promote the common good").
202. See Michael G. Fullan, Staff Development, Innovation, and Institutional Development, in CHANGING SCHOOL CULTURE THROUGH STAFF DEVELOPMENT 3-4 (Bruce Joyner ed., 1990) (concluding that training teachers and fostering their growth and professional development on continuing basis requires "wisdom, skill, and persistence," in addition to overcoming political obstacles associated with "power, bureaucratic positioning, and territoriality"). The most effective innovation requires considerable technical assistance following programmatic change, which substantially increases the level of teacher commitment and practice mastery. See id. at 5. Schools that cannot afford to send instructors to regional or national meetings or fund elaborate in-service training programs often must rely on teacher-led discussions of various teaching models and techniques. Even the cheapest forms of staff training are expensive for schools facing budget cuts. This is largely due to the expense of hiring substitutes to cover the classes of teachers released to participate in the training sessions.
203. The Comer Model focuses upon whole child development and shared governance. See James P. Comer et al., The School Development Program, in RALLYING THE WHOLE VILLAGE, supra note 162, at 1; see also Leviton & Joseph, supra note 10, at 1140 n.19. "Success For All" is a literacy program that includes one-on-one instruction, specialized curricula, and home visits. See Leviton & Joseph, supra note 10, at 1140 n.17. Core Knowledge encourages greater inclusion in our national literate culture by developing a model curriculum and building blocks of knowledge that will prevent the creation of an educational underclass. See E.D. HIRSCH, JR., CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW 139-45 (1987). Accelerated Schools set high standards and provide a challenging curriculum for all children, including those traditionally placed in remedial classes. See Leviton & Joseph, supra note 10, at 1141 n.20.
204. The Comer Model focuses upon whole child development and shared governance. See James P. Comer et al., The School Development Program, in RALLYING THE WHOLE VILLAGE, supra note 162, at 1; see also Leviton & Joseph, supra note 10, at 1140 n.19. "Success For All" is a literacy program that includes one-on-one instruction, specialized curricula, and home visits. See Leviton & Joseph, supra note 10, at 1140 n.17. Core Knowledge encourages greater inclusion in our national literate culture by developing a model curriculum and building blocks of knowledge that will prevent the creation of an educational underclass. See E.D. HIRSCH, JR., CULTURAL LITERACY: WHAT EVERY AMERICAN NEEDS TO KNOW 139-45 (1987). Accelerated Schools set high standards and provide a challenging curriculum for all children, including those traditionally placed in remedial classes. See Leviton & Joseph, supra note 10, at 1141 n.20.
205. See Ron Baker, Parents Must Get Involved for Education to Improve, MORNING CALL (Allentown, Pa.), Nov. 30, 1995, at A21. A report issued in 1995 by several publishing groups found that 60% of American households did not purchase a single book in 1994. See id. A congressional study, entitled Adult Literacy in America, found that nearly half of adults read and write so poorly that they have difficulty holding a job in the modern workplace. See id.
206. See, e.g., Michael J. Stick, Educational Vouchers: A Constitutional Analysis, 28 COLUM. J.L. & SOC. PROBS. 423, 427-29 (1995) (stating that voucher plans provide subsidy for each child for parents to use at school of their choice); Joe Price, Note, Educational Reform: Making the Case for Choice, 3 VA. J. SOC. POL'Y & L. 435, 463-65 (1996) (noting that some plans are restricted to public and private nonsectarian schools, while others include all primary and secondary schools). The primary benefits include increased competition in the education market leading to increased productivity, more educational choices for parents, and reduction in the financial burden of parents who choose to send their children to religious schools. See Price, supra, at 456-48; see also Diane Ravitch, D. C.'s Schools: Under the Gunderson: A Plan for Reforming a System That Seems to Think Poor Kids Can't Learn, WASH. POST, Dec. 10, 1995, at C2 (noting that other voucher plans have been limited to students from low-income families). A major controversy over vouchers is whether they have the effect of advancing religion, when used for parochial schools, in violation of the First Amendment. See William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1880-902 (1994).
207. See, e.g., Michael J. Stick, Educational Vouchers: A Constitutional Analysis, 28 COLUM. J.L. & SOC. PROBS. 423, 427-29 (1995) (stating that voucher plans provide subsidy for each child for parents to use at school of their choice); Joe Price, Note, Educational Reform: Making the Case for Choice, 3 VA. J. SOC. POL'Y & L. 435, 463-65 (1996) (noting that some plans are restricted to public and private nonsectarian schools, while others include all primary and secondary schools). The primary benefits include increased competition in the education market leading to increased productivity, more educational choices for parents, and reduction in the financial burden of parents who choose to send their children to religious schools. See Price, supra, at 456-48; see also Diane Ravitch, D. C.'s Schools: Under the Gunderson: A Plan for Reforming a System That Seems to Think Poor Kids Can't Learn, WASH. POST, Dec. 10, 1995, at C2 (noting that other voucher plans have been limited to students from low-income families). A major controversy over vouchers is whether they have the effect of advancing religion, when used for parochial schools, in violation of the First Amendment. See William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1880-902 (1994).
208. See, e.g., Michael J. Stick, Educational Vouchers: A Constitutional Analysis, 28 COLUM. J.L. & SOC. PROBS. 423, 427-29 (1995) (stating that voucher plans provide subsidy for each child for parents to use at school of their choice); Joe Price, Note, Educational Reform: Making the Case for Choice, 3 VA. J. SOC. POL'Y & L. 435, 463-65 (1996) (noting that some plans are restricted to public and private nonsectarian schools, while others include all primary and secondary schools). The primary benefits include increased competition in the education market leading to increased productivity, more educational choices for parents, and reduction in the financial burden of parents who choose to send their children to religious schools. See Price, supra, at 456-48; see also Diane Ravitch, D. C.'s Schools: Under the Gunderson: A Plan for Reforming a System That Seems to Think Poor Kids Can't Learn, WASH. POST, Dec. 10, 1995, at C2 (noting that other voucher plans have been limited to students from low-income families). A major controversy over vouchers is whether they have the effect of advancing religion, when used for parochial schools, in violation of the First Amendment. See William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1880-902 (1994).
209. See, e.g., Michael J. Stick, Educational Vouchers: A Constitutional Analysis, 28 COLUM. J.L. & SOC. PROBS. 423, 427-29 (1995) (stating that voucher plans provide subsidy for each child for parents to use at school of their choice); Joe Price, Note, Educational Reform: Making the Case for Choice, 3 VA. J. SOC. POL'Y & L. 435, 463-65 (1996) (noting that some plans are restricted to public and private nonsectarian schools, while others include all primary and secondary schools). The primary benefits include increased competition in the education market leading to increased productivity, more educational choices for parents, and reduction in the financial burden of parents who choose to send their children to religious schools. See Price, supra, at 456-48; see also Diane Ravitch, D. C.'s Schools: Under the Gunderson: A Plan for Reforming a System That Seems to Think Poor Kids Can't Learn, WASH. POST, Dec. 10, 1995, at C2 (noting that other voucher plans have been limited to students from low-income families). A major controversy over vouchers is whether they have the effect of advancing religion, when used for parochial schools, in violation of the First Amendment. See William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1880-902 (1994).
210. Cf. Paul E. Peterson et al., School Choice in Milwaukee, PUB. INTEREST, Fall 1996, at 38, 49-56 (arguing that Milwaukee private school choice program has increased student achievement at lower per pupil cost than public schools).
211. See COOKSON, supra note 10, at 14-16.
212. See, e.g., Sandra Evans, Public Schools Sprout Options, Special Programs Offered for Even the Youngest, WASH. POST., Feb. 25, 1996, at A1 (noting that "Fairfax and Arlington schools fill slots for their alternative schools through a lottery"); Howard Libit, Lottery Used to Fill Magnet High Schools; 250 8th Graders Picked from 607 Applicants for High-Tech Program, BALTIMORE SUN, Mar. 6, 1997, at 1B.
213. See, e.g., Sandra Evans, Public Schools Sprout Options, Special Programs Offered for Even the Youngest, WASH. POST., Feb. 25, 1996, at A1 (noting that "Fairfax and Arlington schools fill slots for their alternative schools through a lottery"); Howard Libit, Lottery Used to Fill Magnet High Schools; 250 8th Graders Picked from 607 Applicants for High-Tech Program, BALTIMORE SUN, Mar. 6, 1997, at 1B.
214. Cf. Peyser, supra note 1, at 621 (arguing that choice is becoming more relevant).
215. See COOKSON, supra note 10, at 15.
216. Contending that its sending fees are inflated, one New Jersey school district has supported a bill to lower the fees that "sending districts" must pay to "receiving districts." See Randy Diamond, Sending Districts Press for School Reforms, RECORD (Bergen, N.J.), Sept. 27, 1993, at A3.
217. See Smith, supra note 41, at 267-68.
218. For example, in 1980, St. Louis schools were deemed to exemplify state-ordered segregative measures reaching back to the antebellum period. See Adams v. United States, 620 F.2d 1277, 1288 (8th Cir. 1980). The school district agreed to a settlement plan that allowed blacks to attend magnet schools and that attempted to attract whites from virtually all-white city schools. See Liddell v. Missouri, 731 F.2d 1294, 1309-10 (8th Cir. 1984).
219. But see Beck, supra note 32, at 1035 (noting that in Kansas City "a highly touted and extraordinarily expensive magnet school program . . . failed to lure a significant number of white students"); Kimberly C. West, Note, A Desegregation Tool That Backfired: Magnet Schools and Classroom Segregation, 103 YALE L.J. 2567, 2568-79 (1994) (noting that many magnet schools are segregated by classroom).
220. In Cambridge, Massachusetts, the "idea and ideal of desegregation was at the forefront in developing [the city's] choice plan." As with most other magnet school programs, parents list their first, second, and third choices, and assignments are made based upon preferences and racial balance. See Smith, supra note 41, at 270. Minnesota's open enrollment program allows students in large districts to transfer to the schools of their choice as long as their movement does not upset racial balance. See id. at 274.
221. See Beck, supra note 32, at 1035-36.
222. See Orfield & Thoronson, supra note 86, at 782.
223. See id.
224. See, e.g., Days, supra note 80, at 55-56 (noting that "where magnet schools offering innovative educational programs have replaced formerly all-black facilities, black student enrollment in the special programs has been limited by the need to maintain racial balance").
225. Beck, supra note 32, at 1036.
226. Kunen, supra note 59, at 39.
227. See Beck, supra note 32, at 1036.
228. See Leonard Greene, Ruling Opens Door to Challenges That Could Spell Doom for Blacks, Hispanics, BOSTON HERALD, Aug. 23, 1996, at 4. The girl was from a well-off family that managed to get three of its children into the most prestigious school in Boston. When the third daughter was accepted by the presumptive second-best school in the city, her family went to court and challenged the admissions policy of the first school, arguing that racial quotas resulted in denial of her application in violation of her constitutional rights to equal protection under the law. See id.
229. See supra text accompanying note 23.
230. Joseph P. Viteritti, Stacking the Deck for the Poor: The New Politics of School Choice, BROOKINGS REV., June 22, 1996, at 10-11.
231. See infra notes 201-04 and accompanying text.
232. See CENTER FOR SCH. CHANGE AND THE EDUC. COMM'N OF THE STATES, CHARTER SCHOOLS: WHAT ARE THEY UP TO? A 1995 SURVEY 16 (Education Commission of the States & Center for Social Change, 1995) [hereinafter CHARTER SURVEY] (demonstrating that parents are ranked first, followed by teachers, and interested community members, as most common partners involved in designing nation's charter schools).
233. Charter developers rank their top three reasons for opening a school as follows: (1) quality of teaching and learning; (2) autonomy in running the school according to a certain principles and/or philosophy; and (3) more parental control. See id. at 15; see also WEISS, supra note 161, at 7-8.
234. See CHARTER SURVEY, supra note 188, at 14, 18 (demonstrating wide variety of models for schools and services offered).
235. See id. at 1 ("A charter proposal is written by a team of individuals interested in establishing the new school. Charters have been granted to parents, teachers, community groups and other organizations.").
236. See supra notes 189-90 and accompanying text.
237. See WEISS, supra note 161, at 11 (citing governance issues as greatest challenge facing charter schools).
238. See Ravitch, supra note 166. The schools themselves have been called one of the fastest-growing innovations in education policy. Over 20 states have passed charter legislation. Nationwide, over 200 schools have been granted charters that are designed to operate outside of most rules and regulations. See generally NATIONAL SURVEY, supra note 43, at 1-1 (discussing key questions surrounding charter schools); WEISS, supra note 161, at 6, 7 (discussing benefits of charter schools).
239. Connecticut Dep't of Educ., Charter School Application Form 1996, at 1 (on file with the Yale Law Journal) [hereinafter Charter School Application Form].
240. See Peyser, supra note 1, at 629. School-based or site-based management (SBM) is designed to promote bottom-up change. It empowers teachers to assume responsibilities previously held by school principals or central office administrators. It involves teachers in selecting staff, controlling budgets, developing curriculum and teaching methodologies, and discussing conduct codes and issues of discipline. See generally Colloquy, Site-Based Management: Making It Work, 53 EDUC. LEADERSHIP 4 (Dec. 1995/Jan. 1996).
241. See Thomas R. Guskey & Kent D. Peterson, The Road to Classroom Change, 53 EDUC. LEADERSHIP 10 (Dec. 1995/Jan. 1996).
242. Arthur J. Ellis, Charter Schools Redefining Future of Public Education, ROCKY MTN. NEWS, June 9, 1994, at 50A.
243. See COMER, supra note 92, at 47-54.
244. Angela Smith describes choice advocates as falling within three categories: those interested in educational reform; those who advocate plans to advance social policy, usually racial balance and equality of education opportunity; and those who recognize that broader choice implicitly recognizes the wide ranges of interest and needs among those who otherwise comprise a heterogenous population. See Smith, supra note 41, at 256-57.
245. See NATIONAL SURVEY, supra note 43, at IV (noting that only one-half of states enacting charter laws discuss collective bargaining in their legislation). Many teachers unions oppose charter schools, as well as other choice programs: The loudest critics of choice are the teachers unions and school district administrators, who together with school committees and university education departments comprise the core of the education establishment. The most obvious reason for their resistance to actually implementing parental choice is that they have a vested interest in the status quo. Public school systems have a virtual monopoly on elementary and secondary education in this country, and like all monopolists they want to protect their franchise. Peyser, supra note 1, at 622.
246. See Paul W. Grimes & Charles A. Register, Teachers Union and Black Students' Scores on College Entrance Exams, 30 INDUS. REL. 492, 493 (1991).
247. See Jonathan B. Cleveland, School Choice: American Elementary and Secondary Education Enter the "Adapt or Die" Environment of a Competitive Marketplace, 29 J. MARSHALL L. REV. 75, 95 (1995) (stating that "[s]chool reform re-emerged during the 1980s as an issue demanding national attention"); Michael Heise, Goals 2000: Educate America Act: The Federalisation and Legalization of Educational Policy, 63 FORDHAM L. REV. 345, 363 (1994) (describing "dramatic increase in state educational reform initiatives" in 1980s). Further, Peyser has noted that choice offers the opportunity to help liberate education from the clutches of politics by shifting power to parents and individual schools at the expense of school committees and local school departments. In so doing, schools will be able to establish curricula that develop character and a moral sense, without having to compromise with every disgruntled parent and fearful politician. Rather than take their case to the school committee, parents who do not like the values of a particular school will be able to leave for another school more to their liking. Peyser, supra note 1, at 624-25.
248. See Jonathan B. Cleveland, School Choice: American Elementary and Secondary Education Enter the "Adapt or Die" Environment of a Competitive Marketplace, 29 J. MARSHALL L. REV. 75, 95 (1995) (stating that "[s]chool reform re-emerged during the 1980s as an issue demanding national attention"); Michael Heise, Goals 2000: Educate America Act: The Federalisation and Legalization of Educational Policy, 63 FORDHAM L. REV. 345, 363 (1994) (describing "dramatic increase in state educational reform initiatives" in 1980s). Further, Peyser has noted that choice offers the opportunity to help liberate education from the clutches of politics by shifting power to parents and individual schools at the expense of school committees and local school departments. In so doing, schools will be able to establish curricula that develop character and a moral sense, without having to compromise with every disgruntled parent and fearful politician. Rather than take their case to the school committee, parents who do not like the values of a particular school will be able to leave for another school more to their liking. Peyser, supra note 1, at 624-25.
249. See Introduction to Materials Presented at Charter School Developers Conference, Columbia University Teachers College, Jan. 16-18, 1997, at 21 (on file with the Yale Law Journal).
250. Legislation differs from state to state on the issue of autonomy. In some states, the local school board has some control over granting charters and may be the final or at least negotiating authority for the charter school budget. This is generally thought to be a prescription for disaster. School boards who have long been in charge of public education have a conflict of interest that is difficult to ignore. Research demonstrates that "the needs of teachers and principals for control over their jobs most often take precedence over the needs of individual children and their families, [thus resource allocation has] more to do with the equitability of adult working conditions than with the production of responsive learning environments for children." SCHEERENS, supra note 158, at 17 (internal quotation marks omitted).
251. See, e.g., Conn. Pub Act 96-214 §§ 5(b)-(c), 1996 Conn. Legis. Serv. 660, 663 (West) (amended by Conn. Pub. Act 96-244 §§ 56-57, 1996 Conn. Legis. Serv. 787, 817-18 (West)). One Michigan Court struck down as unconstitutional the state's original charter school legislation, holding that the Michigan State Board of Education had violated a ban on public funding of private schools. See Peter J. Perla, The Colorado Charter Schools Act and the Potential for Unconstitutional Applications Under Article IX, Section 15 of the State Constitution, 67 U. COLO. L. REV. 171, 172 (1996) (noting that subsequent legislation decreased charter school autonomy by subjecting them to greater regulation).
252. See CHARTER SURVEY, supra note 188, at 1.
253. See Charter School Application Form, supra note 195, at 12-18; see also NATIONAL SURVEY, supra note 43, at III-2, III-3.
254. See Charter School Application Form, supra note 195, at 12-18; see also NATIONAL SURVEY, supra note 43, at III-2, III-3.
255. See CHARTER SURVEY, supra note 188, at 1; see also NATIONAL SURVEY, supra note 43, at V-1-V-3
256. See CHARTER SURVEY, supra note 188, at 1; see also NATIONAL SURVEY, supra note 43, at V-1-V-3
257. See generally John E. Cawthome, Charter Schools and School Vouchers: A Measured Approach (1997) (unpublished manuscript, on file with the Yale Law Journal). Cawthorne is the Vice President for Education at the National Urban League. He notes the following problems with Charter schools: They serve only a small number of students, they do not always serve the needs of the parents and community, and some schools are rumored to discourage applications from children with special needs. See id. Similarly, teachers' union officials predict that school choice of the nature envisioned under the charter school movement will ultimately drain public schools of talented students and staff and force them to educate only the kids that no one else wants. See Abramo Ottolenghi, School Choice: Parental Empowerment, or Sabotage of Public Schools?, COLUMBUS DISPATCH, Sept 14, 1994, at 9A. School districts will be left to fight for funds to run costly special needs programs for learning disabled, physically challenged, and emotionally disturbed children. See id. However, there is nothing to preclude the establishment of school choice programs that benefit only a certain class of children. For example, plaintiffs in a class action lawsuit asked the defending school district to make private tuition vouchers available solely to black children who are not receiving the desegregated education to which they are entitled. See Beck, supra note 32, at 1031 (citing Rivarde v. Missouri, 930 F.2d 641 (8th Cir. 1991)). Likewise, one grant program was designed to address the "severe social and economic problems that often follow adolescent pregnancies." William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1877 (1994).
258. See generally John E. Cawthome, Charter Schools and School Vouchers: A Measured Approach (1997) (unpublished manuscript, on file with the Yale Law Journal). Cawthorne is the Vice President for Education at the National Urban League. He notes the following problems with Charter schools: They serve only a small number of students, they do not always serve the needs of the parents and community, and some schools are rumored to discourage applications from children with special needs. See id. Similarly, teachers' union officials predict that school choice of the nature envisioned under the charter school movement will ultimately drain public schools of talented students and staff and force them to educate only the kids that no one else wants. See Abramo Ottolenghi, School Choice: Parental Empowerment, or Sabotage of Public Schools?, COLUMBUS DISPATCH, Sept 14, 1994, at 9A. School districts will be left to fight for funds to run costly special needs programs for learning disabled, physically challenged, and emotionally disturbed children. See id. However, there is nothing to preclude the establishment of school choice programs that benefit only a certain class of children. For example, plaintiffs in a class action lawsuit asked the defending school district to make private tuition vouchers available solely to black children who are not receiving the desegregated education to which they are entitled. See Beck, supra note 32, at 1031 (citing Rivarde v. Missouri, 930 F.2d 641 (8th Cir. 1991)). Likewise, one grant program was designed to address the "severe social and economic problems that often follow adolescent pregnancies." William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1877 (1994).
259. See generally John E. Cawthome, Charter Schools and School Vouchers: A Measured Approach (1997) (unpublished manuscript, on file with the Yale Law Journal). Cawthorne is the Vice President for Education at the National Urban League. He notes the following problems with Charter schools: They serve only a small number of students, they do not always serve the needs of the parents and community, and some schools are rumored to discourage applications from children with special needs. See id. Similarly, teachers' union officials predict that school choice of the nature envisioned under the charter school movement will ultimately drain public schools of talented students and staff and force them to educate only the kids that no one else wants. See Abramo Ottolenghi, School Choice: Parental Empowerment, or Sabotage of Public Schools?, COLUMBUS DISPATCH, Sept 14, 1994, at 9A. School districts will be left to fight for funds to run costly special needs programs for learning disabled, physically challenged, and emotionally disturbed children. See id. However, there is nothing to preclude the establishment of school choice programs that benefit only a certain class of children. For example, plaintiffs in a class action lawsuit asked the defending school district to make private tuition vouchers available solely to black children who are not receiving the desegregated education to which they are entitled. See Beck, supra note 32, at 1031 (citing Rivarde v. Missouri, 930 F.2d 641 (8th Cir. 1991)). Likewise, one grant program was designed to address the "severe social and economic problems that often follow adolescent pregnancies." William D. Anderson, Jr., Note, Religious Groups in the Educational Marketplace: Applying the Establishment Clause to School Privatization Programs, 82 GEO. L.J. 1869, 1877 (1994).
260. See, e.g., Leviton & Joseph, supra note 10, at 1142 (describing failure to implement programs that work).
261. See CHARTER SURVEY, supra note 188, at 1; NATIONAL SURVEY, supra note 43, at III-2-III-14 (describing various charter statutes that condition renewal of charter on reapplication, and provide for denial of renewal for failure to fulfill required conditions, failure to meet educational objectives, failure to observe sound fiscal practices, violations of law, or other good cause).
262. See CHARTER SURVEY, supra note 188, at 1; NATIONAL SURVEY, supra note 43, at III-2-III-14 (describing various charter statutes that condition renewal of charter on reapplication, and provide for denial of renewal for failure to fulfill required conditions, failure to meet educational objectives, failure to observe sound fiscal practices, violations of law, or other good cause).
263. See supra notes 188-93 and accompanying text.
264. WILSON, supra note 39, at 3.
265. Kevin Banasik, Book Review, 31 HARV. J. LEGIS. 519, 523 (1993) (reviewing COOKSON, supra note 10) (summarizing Cookson's argument).
266. See Leviton & Joseph, supra note 10, at 1139-41.
267. WILSON, supra note 39, at 65.