Busing Ban

As school districts push for integration, decades-old federal rule could thwart them

PHOTO: RJ Sangosti/The Denver Post

In Florida, officials plan to use federal money to shuttle students across vast Miami-Dade County to new science-themed magnet programs in a bid to desegregate several schools.

In South Carolina, a tiny district west of Myrtle Beach intends to spend federal funds on free busing for families who enroll at two predominantly black schools, hoping that will draw in white and Hispanic students.

And in New York, state officials want to deploy federal school-improvement money to help integrate struggling schools, believing that may be the secret to their rebirth.

But each of these fledgling integration efforts — and similar ones across the country — could be imperiled by obscure budget provisions written during the anti-busing backlash of the 1970s, which prohibit using federal funding for student transportation aimed at racial desegregation. The rules have been embedded in every education spending bill since at least 1974, as Rep. Bobby Scott of Virginia pointed out in September when he tried unsuccessfully to remove the provisions from the latest appropriations bill.

The rules are “a relic of an ugly history when states and school districts across the nation resisted meaningful integration,” said Scott, the top Democrat on the House education committee, during a floor speech where he called the persistence of the rules “morally reprehensible.”

After Scott’s amendment to eliminate the provisions was blocked, advocates are now working behind the scenes to convince members of the Senate from both parties to strike the rules from the latest spending bill during negotiations. More than 40 integration advocates and experts have signed onto a letter to lawmakers calling for the anti-busing language to be removed, and members of that coalition plan to meet with lawmakers in the coming days.

Advocates are especially worried about funding for magnet programs, like those in Miami and the South Carolina district, which rely on special science or art offerings or rigorous academic courses to draw students of different races into the same school — a choice-based approach that has become the primary way districts now pursue desegregation.

This is the first year districts that receive federal magnet-school grants are allowed to spend some of that money on transportation, after Congress changed the rules as part of its education-law overhaul in 2015. Among the 32 districts that received a total of nearly $92 million in magnet grants this year, at least six plan to use some of that money for transportation, according to their applications.

Now, just as those funds are about to flow to busing — which many families insist upon before they will enroll their children in magnet schools across town — the decades-old spending restriction could cut them off, advocates warn.

That could create a major problem for districts like Miami-Dade County.

It hopes to attract students from across the district to three heavily black and Hispanic schools by launching magnet programs that focus on zoology, cybersecurity, and mobile-app development, according to its application. To pull that off, it requested $245,000 for buses next year since, as the application notes, the “most limiting factor” for many families is “the cost associated with transporting their child to the magnet school.”

The district in Lake City, South Carolina wants to pull new families from different neighborhoods into an elementary school and a middle school that suffer from sagging enrollment and intense poverty. Previous recruitment efforts that didn’t provide transportation amounted to “failed attempts,” the district said in its application.

However, if the anti-busing provisions are not removed from the next federal spending bill, they would cancel out the new rule allowing those districts to spend some of their magnet money on transportation (though districts could still use local funds to fill in the gap). As such, magnet-school representatives are pushing hard for lawmakers to remove the provisions during budget negotiations.

“We’re hoping this doesn’t see the light of day,” said John Laughner, legislative and communications manager at Magnet Schools of America, an association of magnets from across the country. He plans to discuss the issue with lawmakers next week.

Beyond magnet schools, other desegregation efforts could be undercut by the anti-busing provision, which was included in a spending bill for fiscal year 2018 that the House approved and one the Senate has yet to vote on.

At least one state — New York — listed socioeconomic and racial integration among the ways it could intervene in low-performing schools under the new federal education law. In addition, New York officials announced a grant program this week where up to 30 districts will receive federal money to develop integration plans.

Advocates fear the anti-busing rule could disrupt any of those plans that require transportation and aim to reduce racial segregation. (New York education officials said they did not want to speculate on the impact of a spending bill that hasn’t been approved.)

A Democratic Congressional aide who has studied the issue said the provision could even block federal funding for planning or public outreach around desegregation programs that involve busing, not just busing itself.

Either way, advocates say the provision could dissuade districts from using the new education law, the Every Student Succeeds Act, to pursue integration — even though research suggests that student achievement on tests and other measures improve when they attend less segregated schools.

“We shouldn’t have this,” said Philip Tegeler, a member of the National Coalition on School Diversity, which is leading the charge to remove the restriction. He added that the provision stemmed from mandatory desegregation busing of an earlier era: “It’s clearly an anachronism that doesn’t really fit any more with what states and districts are doing voluntarily.”

A U.S. education department spokeswoman said Secretary Betsy DeVos would be bound to enforce any funding prohibitions that Congress approves, though she noted that state and local funds are not subject to the same restrictions.

Negotiators from the House and Senate must still agree on a single spending bill, which would go before the full Congress for a vote. Until then, lawmakers have voted to temporarily extend 2017 spending levels through December. It’s possible Congress will pass another extension then, meaning a final deal — and a decision on the anti-busing language — may not arrive until early next year.

In the meantime, advocates are pressing lawmakers like Sen. Lamar Alexander, the Republican chairman of the Senate education committee who helped craft ESSA, with the argument that the anti-busing provision limits the flexibility and local control the law was meant to provide districts.

Margaret Atkinson, a spokeswoman for the senator, would not say whether he is open to removing the provision, but said he would continue working to ensure ESSA “is implemented as Congress intended.”

The anti-busing language — found in two sections of the current appropriation bills — prohibits using federal funds for transportation “to overcome racial imbalance” or “to carry out a plan of racial desegregation,” or forcing students to attend any school other than the one closest to home. (A separate education law contains a similar restriction, but ESSA exempted magnet schools from it.) The provisions emerged in the early 1970s, just after the Supreme Court ruled that busing students to schools outside their own racially isolated neighborhoods was an appropriate tool for school desegregation.

At the time, many white parents raged against what they called “forced busing.” In response, the U.S. House of Representatives passed at least one law annually from 1966 to 1977 meant to curb school integration, according to historian Jason Sokol, and in 1974 the full Congress voted in favor of an anti-busing amendment to an education bill. The restrictions in the current spending bills appear to have originated around the same time.

The attacks on busing reflect how crucial free transportation is to school desegregation, said Erica Frankenberg, a professor at Pennsylvania State University who studies segregation. Busing was included in guidelines outlining how districts should comply with desegregation requirements in the 1964 Civil Rights Act, and later upheld by the Supreme Court, she pointed out.

More recently, studies have shown that non-white parents are more likely to opt into magnet schools when they provide transportation, and that magnets that don’t offer busing are more likely to enroll students of a single race, Frankenberg said. Yet, many politicians remain reluctant to endorse busing for desegregation — which may reflect a deeper ambivalence, she added.

Resistance to busing, she said, “is a very politically acceptable way to be opposed to integration.”

counterpoint

Some Asian American groups have backed the SHSAT, but this one says the exam should go

PHOTO: Alex Zimmerman
Stuyvesant High School is one of the city's most sought-after specialized high schools.

In the fight to integrate New York City’s coveted specialized high schools, one source of opposition has stood out.

Asian parents and alumni have waved signs at City Hall, heckled education leaders at town halls, and marched in protest of Mayor Bill de Blasio’s plan to eliminate the test that serves as the sole entrance criteria for the elite schools.

That’s why it’s noteworthy that the Coalition for Asian American Children and Families is calling for the test to be nixed in favor of an admissions system that weighs multiple factors, releasing a report on Tuesday that attempts to bring nuance to a debate that has often played out in sound bites.

“We believe that current admissions processes to specialized high schools contribute to the problems of segregation and inequity in NYC public schools,” the advocacy organization’s report notes.

Specialized high schools enroll a disproportionate share of Asian students. Many have argued that the mayor’s plan, which aims to enroll more black and Hispanic students in the schools, pits one community of color against others. Only about 10 percent of specialized high school students are black or Hispanic, even though those students comprise about 70 percent of enrollment citywide.

The Coalition’s report offers a counter-narrative to the debate, highlighting that many Asian organizations have long called for admissions changes at the specialized high schools and arguing that Asian students would benefit from an overhaul.

But the organization stops short of endorsing de Blasio’s proposal, blasting his administration for failing to include the Asian community in its development or rollout. (One of the coalition’s co-directors is a mayoral appointee to the citywide Panel for Educational Policy.)  

“We remain highly critical of the processes that he and the Department of Education have taken in crafting and releasing those proposals to the public,” the report says.

An education department spokesman said the city looks forward to working with the coalition to eliminate the test, and said the city is presenting its plan to every community school district.

The report comes as parents are considering suing over the city’s diversity efforts and supporters of the test have hired a lobbyist to fight the potential changes.

The coalition’s stance also highlights the steep challenge de Blasio faces as he gears up to lobby state lawmakers to scrap the entrance exam, which is currently required by state law. Though Democrats managed to gain control of the Senate in the latest election, the issue doesn’t have a clear party line — and some of the mayor’s natural allies have expressed doubt, or even backed away from the mayor’s proposal.

Read the full report here

By the numbers

Enrollment is up in Tennessee’s largest school district for second straight year

PHOTO: Laura Faith Kebede/Chalkbeat

After several years of steady decline, Shelby County Schools is continuing an upward trend in student enrollment.

About 111,600 students attend schools in Tennessee’s largest district, up about 2 percent from last year and higher than projected enrollment, according to district numbers.

That includes about 15,300 students enrolled in charter schools overseen by the local district, who now make up about 13.5 percent, a slight uptick from last year.

The increase could signal a growing trust in public school options in Memphis and that recruitment and early registration efforts are continuing to pay off. Last year was the first year the Memphis district gained students since six suburbs exited the district to create their own school systems with about 34,000 students.

However, enrollment in the state’s district for low-performing schools dipped for the second year in a row to 10,622 students. The Achievement School District, which mostly operates in Memphis, has lost about 2,000 students since 2016 as schools have closed and money for school improvement efforts has dropped off.

Note: The numbers are taken from each district’s attendance on the 20th day of school, which leaders use to determine any staffing adjustments to match a school’s student population.

Sharon Griffin, the Achievement School District’s chief, told Chalkbeat that she focused her efforts this semester on restarting the district’s relationship with the neighborhoods its serves, and that she is hopeful to see gains in enrollment throughout the year.

“Most of our schools have met their projected enrollment, but we have one or two elementaries that are struggling,” Griffin said. “Part of that is due to the fact that new charter schools and options that have opened up in neighborhoods we’re in, where there’s not enough kids in the neighborhood.”

Five charters schools opened this year as five others — a mix of district-run and charter schools — closed.

Notably, Shelby County Schools’ charter sector is growing faster than the district. The number of Memphis students attending charter schools overseen by the district increased 5.8 percent this year, while enrollment in district-run schools increased about 2 percent. Shelby County Schools did not provide a statement or an official for comment.

Nationally, the average charter school enrollment has increased from 1 to 6 percent of students between 2000 and 2015, according to federal data. That year, Tennessee charter schools enrolled 3 percent of students.

In response, the local district has looked to charter schools for recruitment strategies in an increasingly competitive environment. Over the summer, Shelby County Schools doubled down on recruitment and registration efforts by sending officials to grocery stores, libraries, summer camps, the Memphis Zoo and community centers — and has even hosted block parties throughout the city. The district also opened its online application two months earlier than last year to encourage parents to register sooner.

Those efforts resulted in 70 percent of expected students to register for school two weeks before school, which was double from the previous year.