Media and Updates

NESRI STATEMENT ON THE SUPREME COURT'S RULINGS IN SEATTLE AND LOUISVILLE SCHOOL CASES

Statement from NESRI on the Supreme Court's Rulings in Seattle and Louisville School Cases

In its June 28, 2007 decision, the U.S. Supreme Court ruled that the voluntary racial integration plans of the Seattle, Washington and Louisville, Kentucky school systems were unconstitutional because race was used explicitly in determining school placement.  The Court’s ruling undermines the fundamental principles of non-discrimination and equality that are central to the human right to education.

The human rights framework, grounded in the Universal Declaration of Human Rights, requires equality in both access to educational opportunities and in the outcomes of education.  Yet substantial research confirms that African American and Latino youth in poor communities across the country continue to be isolated in schools with the fewest qualified teachers, the most overcrowding, and the lowest graduation rates.  Additionally, structural racism embodied in housing and employment patterns as well as the lack of political will to guarantee a quality education for all children contribute to the segregation and unequal resources in our school systems.

The International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which the U.S. ratified in 1994, charges states to take remedial measures to ensure that racial and ethnic groups are able to fully realize their human rights and fundamental freedoms.  The Court’s decision, which based on the controlling concurrence of Justice Kennedy allows for a stated goal of racial diversity without taking race into account at an individual level, weakens the ability of school districts across the country to meet U.S. obligations under CERD.  Justice Kennedy critiqued deficiencies in the existing programs before the Court, however, any existing deficiencies may (and should) be addressed without narrowing the scope of possible remedies for de facto discrimination.   By this unnecessary narrowing of remedies, the decision effectively thwarts the spirit and objectives of Brown v. Board of Education, which has been employed in social justice movements and heralded by legal regimes around the world.    

Efforts to promote diversity among the student body, as well as diversity among school staff and in the histories, languages and cultures taught in our schools are essential for promoting a quality education for all children.  Educators should have all the tools at their disposal available to meet this crucial social goal.