Opinion
Law & Courts Opinion

Diversity’s Quiet Rebirth

By Susan Eaton — August 18, 2008 4 min read
  • Save to favorites
  • Print

A little more than a year has passed since the U.S. Supreme Court issued a sharply divided, 5-4 decision striking down two school districts’ policies designed to create racially diverse public schools. (“Use of Race Uncertain for Schools,” July 18, 2007; “Districts Face Uncertainty in Maintaining Racially Diverse Schools,” June 28, 2007.) Educators across the nation are still struggling to make sense of the rulings, identify remedies to segregation that are still lawful, and develop fresh approaches to student assignment.

The pundit parade at the time of the ruling predicted an end to the values of social cohesion and integration embodied in the proudest moment in American jurisprudence, the Brown v. Board of Education decision of 1954. But what actually has happened after the so-termed Parents Involved ruling is far more hopeful and affirming of the aspirations manifest in Brown, and the civil rights movement it triggered.

Certainly, some educators, perhaps intimidated by the murkiness of the court’s ban on using race as a singular factor in school assignments, took the course that looked easier in the short term. They abandoned efforts to achieve diversity and reduce segregation. It is still not clear how widespread that abandonment is, however. What is most clear is that many educators and government leaders across the country chose to stay true to what they believe and what experience has taught them: Diversity, while creating challenges, benefits everybody, and segregation still engenders inequality.

Consider Jefferson County, Ky., one of the two districts (Seattle was the other) cited in last year’s decision. Rather than backing away from its commitment to diversity, educators in that Louisville-area system asked experts to help craft policies that consider income, place of residence, and racial or ethnic background in assigning students to schools. “Race,” in this equation, is but one factor in programs and policies that seek to create diverse schools that approximate the larger society. Diversity, though, is maintained, and segregation avoided.

Consider, too, Berkeley, Calif. The district was far ahead of the nation in recognizing that for children of color who reside in disadvantaged neighborhoods, the inherent problem was not their physical separation from white children—although there was plenty of that—but that this isolation segregated them from equal opportunities to learn. In other words, such students were segregated from the opportunities disproportionately abundant in middle-class, largely white communities. And so educators there consider several variables—geographic, racial, linguistic, and economic—in granting school choice.

Consider, as well, the continuing efforts and renewed commitments of several government programs across the country—including those in Boston; Hartford, Conn.; Milwaukee; and Palo Alto, Calif.—that provide families who’d otherwise be assigned to overwhelmed, high-poverty urban schools the choice of attending suburban schools outside established school district lines. Of course, educators moved to adjust their methods of identifying students for participation. But none of the educators moved to shut down their operations in reaction to Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County Board of Education, the cases the Supreme Court decided in its 2007 ruling.

In Massachusetts, for example, state officials, with the support of the state attorney general’s office, affirmed their commitment to the long-running voluntary, urban-to-suburban transfer program known as METCO, which had been created by a group of Boston mothers and socially concerned suburban officials at the height of the civil rights movement. Yes, officials recognized that changes and adjustments for student selection might be appropriate. But there was absolutely no way, they said, that the state would abandon one of the only programs in the Northeast that helps break down the manmade barriers between children of color and white children. Nowadays, surveys show that a vast majority of people favor integrated schools over segregated ones, and think the government should do more to bring them into being.

That’s not to say that racially diverse schools are a realistic option for all districts. In many places, demographics and strict boundary lines take “diversity” off the table. Thus, while Americans expend energy on maintaining diversity where we can, certainly Parents Involved should trigger more action in developing policies and programs that, like desegregation, aspire to connect the unconnected. These include universal preschool and after-school programs that help engage children in community-based projects which provide the types of recreational and intellectual activities that middle-class children take for granted. Such steps also include broadening the curriculum offered in high-poverty schools so children can develop the skills in communications and analytics that experts say are crucial for success in modern society.

Marking the passage of a year since the Supreme Court’s latest decision on race and schools does not mark the anniversary of Brown v. Board of Education’s death. Brown cannot die, because that landmark decision and its American values of opportunity and equality for all are embedded in our collective sense of ourself as a fair and decent nation.

One of the great untold stories of the civil rights movement is of educators on the ground, often in once-segregated school districts such as Louisville’s, who came to see the damage of the “separate but equal” myth and to believe that there could be a better way. The educators who stayed the course then provide a lesson for our increasingly diverse young generation, who can someday lead us to where law and morality intersect—and perhaps again teach the nation’s highest court the difference between right and wrong.

Related Tags:

A version of this article appeared in the August 27, 2008 edition of Education Week

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images