Busing Ban

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

PHOTO: RJ Sangosti/The Denver Post
Several districts across the country want to use federal money to pay for school buses as part of their desegregation plans. A federal spending restriction could get in the way.

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.”

Sorting the Students

An Indianapolis private school touted by DeVos is adding 400 more seats

PHOTO: Provided by the Oaks Academy

An Indianapolis private school that is dedicated to promoting racial and economic integration is planning to grow by 50 percent in the coming years.

The growth, which school officials say was made possible by larger-than-expected donations, will set the Oaks Academy up to potentially bring in even more in voucher funding from the state.

The Oaks is a private Christian school with three campuses in the city’s urban core. Leaders plan to expand the school to educate 1,224 students, up from its current enrollment of 815, according to a release.

The school consistently earns top marks from the state because of students’ test scores and, unusually, has a racially and economically diverse student body. Chalkbeat visited the Oaks in 2015 as part of a series that documented how widely segregated Indianapolis schools remain decades after students began being bused to township schools.

The Oaks, which was founded in 1998, was designed to draw middle-class families with options back to the city.

The school’s three campuses are set in low-income, heavily black, urban neighborhoods. But the aim of the school has always been to serve not only the children of those neighborhoods but also families that had migrated to the suburbs, said Andrew Hart, CEO of The Oaks schools.

“The origin of the idea of The Oaks was — ‘Let’s start a school that provides an education of such quality that families will pull their kids up from the finest, most elite private or suburban schools,’ ” said Hart, who started volunteering at the school in its early years. “But also let’s actively serve and reach out to neighborhood children.”

Because the Oaks enrolls a high number of low-income students, it is also one of the largest beneficiaries of Indiana’s voucher program, which gives state money to eligible low-income and middle-class families to pay tuition at private schools.

The school decided to expand after exceeding its fundraising goal of $4 million by $1.5 million, Hart said in a statement last week.

“Originally our plan was to grow to 870, but we were overwhelmed with the support of the community and interest from families,” Hart said. “We are now seeking an additional $2 million in donations to fund infrastructure, hire new teachers and make modest facility improvements to accommodate 1224 students total over the next several years.”

The Oaks has also won praise from U.S. Secretary of Education Betsy DeVos, who mentioned the school in March when asked whether school choice policies should be structured to promote integration.

“I clearly think that having diversity, racial and socioeconomic measure of diversity, is a real benefit in schools,” DeVos said. “I think about a school I visited in Indianapolis, The Oaks school. The mission is to really have a wide range of diversity school economically, racially. And it’s a successful school model.”

change up

Just as Lower East Side integration plan takes off, superintendent who helped craft it steps down

PHOTO: Christina Veiga
Carry Chan, left, will become acting superintendent in District 1 when Daniella Phillips, right, leaves this month to join the central education department.

The longtime superintendent of the Manhattan community district where parents pushed for a plan to desegregate the local schools is stepping down just as the plan gets underway.

After a decade at the helm of District 1, which includes the Lower East Side and East Village, Superintendent Daniella Phillips is leaving to join the central education department, Chalkbeat has learned. During the yearslong campaign for an integration plan, Phillips acted as a liaison between parents and the education department, which finally approved a new admissions system for the district’s elementary schools this fall.

She will be replaced by Carry Chan, who has also played a role in the district’s diversity efforts as the interim head of a new Family Resource Center, an information hub to help district parents sort through their school options. Chan takes over as acting superintendent on Dec. 18.

The leadership change comes at a crucial time for the district, which also includes a portion of Chinatown. Parents are currently applying to elementary schools, marking the first admissions cycle under the new enrollment system. Under the system, schools give certain students admissions priority based on their economic status and other factors, with the goal of every elementary school enrolling share of disadvantaged students similar to the district average.

It will be up to the new superintendent to help schools recruit and welcome a greater mix of families, and to help steer parents towards a wider range of schools. Advocates hope the district can become a model for the city.

“There is a torch that needs to be carried in order to really, fully execute,” said Naomi Peña, president of the district’s parent council. “The next superintendent has to be a champion for the mission and the cause.”

During heated public meetings, Phillips tried to keep the peace while serving as a go-between for frustrated integration advocates and reluctant education department officials. The tensions sometimes boiled over, with advocates directing their anger at Phillips — though they were eventually won-over and endorsed the final integration plan.

In her new role, she will oversee school consolidations as part of the education department’s Office of School Design and Charter Partnerships. In District 1, Phillips helped steer three such mergers, which often involve combining small, low-performing schools with ones that are higher achieving.

“It has been such a joy and privilege to be District 1 superintendent for over 10 years, and I’m excited for this next chapter in the district and my career,” Phillips said in an emailed statement.

Chan is a former principal who launched the School for Global Leaders, a middle school that focuses on community service projects and offers Mandarin classes. Last year, she joined the education department’s Manhattan support center, where she helped schools form partnerships in order to learn from one another.

Since October, Chan has served as the interim director of District 1’s Family Resource Center, which is seen as an integral part of making the new diversity plan work. Families must apply for seats in the district’s elementary schools, which do not have attendance zones like other districts. The family center aims to arm families with more information about their options, in the hopes that they will consider schools they may not have previously.

“I think we’re all really passionate about this plan and we really want this to work,” Chan said. “Communication is the key, and being transparent with how we’re progressing with this work.”