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Friday, May 1, 2015

Separate, not equal

But segregation is sneaking back in via charter schools. Look at
Connecticut's experience.
Wendy Lecker, a civil rights attorney who lives in Connecticut, writes here about the hypocritical claim by charter schools that they are a part of the civil rights movement of our day. She points out that charter schools in Connecticut are hyper segregated and are setting back the clock on civil rights.

She writes:

Education “reformers” often proclaim they are carrying on the tradition of great civil rights leaders, employing the rhetoric of that movement while in reality pushing measures that exacerbate inequality and impact most harshly on children and communities of color-like school closures, privatization, and over-testing. 

Last week, noted civil rights expert Gary Orfield, of UCLA’s Civil Rights Project, issued a report on Connecticut school integration that included an indictment of the practices of Connecticut’s most-practiced purveyors of civil rights doublespeak — charter schools. The report also called out state officials for their willful blindness to charter school practices.


The report, titled “Connecticut School Integration,” praised the state for some of the strides made in desegregating schools. However, it noted the well-documented “hyper-segregation” of charter schools, which undermines Connecticut’s progress on integration. 

The report further remarked that national education policies, including the expansion of charter schools, ignore race and poverty and have “consistently failed” to meet the goal of improving education for our neediest children.

Connecticut law on segregation is far-reaching. While the federal constitution only prevents intentional segregation, our Supreme Court, in the 1996 decision in Sheff v. O’Neill, prohibited “unorchestrated,” i.e. de facto segregation. Thus, state officials have an affirmative obligation not just to prevent intentional segregation, but to eliminate even unintentional segregation.

Most Connecticut charters are intensely segregated. They routinely fail to serve English Language Learners, students with disabilities and often our most impoverished students.

Yet, as the Civil Rights Project writes, Connecticut state officials have refused to do anything to stem the tide of charter school segregation….

School integration is fundamental to advancing the democratic purpose of education. As the court noted in the Sheff decision: “If children of different races and economic and social groups have no opportunity to know each other and to live together in school, they cannot be expected to gain the understanding and mutual respect necessary for the cohesion of our society.”

Decades of evidence prove that school integration achieves this goal, reducing stereotypes and enabling adults to function successfully in a variety of settings. The benefits of school integration are more lasting and meaningful than the empty pursuit of higher test scores….

In his report, Dr. Orfield exhorts the state to bring charter schools in line with Connecticut’s law and policies against segregation and to ensure that charter operators live up to their “civil rights responsibilities under state and federal law.” 

He even suggests pursuing litigation against charters that receive public funds, yet operate segregated schools in violation of Connecticut law.


Given the unwillingness of state leaders to do anything about charter school segregation, communities may have no choice but to look to the courts. In December, the Delaware ACLU filed a federal complaint against charter school segregation. 

One can only hope that a civil rights organization here will follow the lead of the Delaware ACLU and pursue a real civil rights agenda when it comes to school segregation in Connecticut.