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.”

pick a school

Denver touts record participation in school choice process

PHOTO: Kevin J. Beaty/Denverite
Students at McAuliffe International School. The school was among the most-requested this year. (Kevin J. Beaty/Denverite)

Even as more Denver families participated in the annual public school lottery this year, about four out of five still got into a first-choice school, district officials announced Thursday.

More than 27,000 families submitted school choices, up 17 percent from last year. Officials attributed the big jump to several factors, including additional help the district provided to families to fill out the choice forms, which were online-only this year.

The window of time families had to submit choices was also pushed back from January to February, which gave families more time to tour schools and rank their top five choices.

Match rates – or the percentage of incoming elementary, middle, and high school students who got into their first-choice schools – dipped slightly from 82 percent last year to 81 percent this year. Brian Eschbacher, the district’s executive director of enrollment and planning services, said that’s not bad given that nearly 4,000 more families participated this year.

Deputy Superintendent Susana Cordova said officials are “thrilled” with the record participation. The district received its first choice form at 12:02 a.m. on February 1, just two minutes after the window opened, she asid. The window closed February 28, and families found out last week which schools their children got into.

The reasons families participate in the lottery vary. Some want to send their children to charter schools or to district-run schools outside their neighborhood because they believe those schools are better. Others may be looking for a certain type of program, such as dual-language instruction.

This is the seventh year the 92,600-student district has used a single form that asks families to list their top five school choices. Those choices can be district-run or charter schools.

In part for making it relatively easy for parents to navigate the lottery, Denver has been named the best large school district in the country for choice by the Washington, D.C.-based Brookings Institution think tank for two years in a row.

The district especially encourages families with children entering the so-called “transition grades” of preschool, kindergarten, sixth grade, and ninth grade to submit choice forms.

This year, the biggest increase in participation came at the preschool level, with 777 more families requesting to enroll in preschool programs, a 17 percent increase from last year. The second-biggest increase was at the high school level, with 359 more families participating.

The most-requested high school was the city’s biggest, East High School in east-central Denver. East is one of several more affluent Denver schools participating in a pilot program that gives preference to students from low-income families who want to choice into the school.

Last year, the pilot program resulted in every eighth-grader from a low-income family who applied for a spot in East’s freshman class getting in. Results from this year are not yet available for East and the other schools participating in the program, Eschbacher said.

The most-requested middle school was McAuliffe International School in northeast Denver. The most-requested elementary school was Swigert International School, which is also located in the northeast and follows the same International Baccalaureate curriculum as McAuliffe.

Shutting down

Two charter schools led by former Mayor Willie Herenton will close

PHOTO: The Commercial Appeal
Willie Herenton

A former superintendent who now leads six charter schools told Shelby County Schools he will close both of his network’s high schools this summer.

Du Bois High School of Arts and Technology and Du Bois High School of Leadership and Public Policy were already in danger of losing their charters because of poor academic performance. The charter network is led by former mayor and Memphis City Schools superintendent Willie Herenton.

In a letter to parents, Herenton said the decision was based on a shortage of “highly qualified” teachers. The letter was provided to Chalkbeat by Lemichael Wilson, who has three sons enrolled in the charter network.

“The market for securing the caliber of high school educators that meet these qualifications is very competitive and has made it increasingly challenging for us to compete as we would like,” the letter said, referring to meeting requirements such as proper certification for classes students need to graduate.

Wilson described the rate of teacher turnover at the arts and technology school as “ridiculous.” He recalled that in one year, his son had multiple teachers for a single class.

“I chose Du Bois because of the reputation of Dr. Herenton being with Memphis City Schools as superintendent and thought that the school would have an educational focus that was stronger than what it was — that the governance of the school would be better than what it was, and the administration would be better than what it was,” he said.

The decision affects a total of 287 students enrolled at both schools as of Feb. 1, according to Shelby County Schools data. That’s down from 322 students enrolled last year.

The high schools in Whitehaven and Southeast Memphis opened in 2013 and 2014 and are two of six in Herenton’s charter network. All but one of them are in danger of being shut down by the state next year because they rank in the bottom 5 percent of schools with low student test performance in Tennessee.

The arts and technology high school was also one of seven charters under Shelby County Schools that are in danger of closing if they don’t improve within two years, based on the district’s own evaluation. Three of those seven are in Herenton’s network.

Reached by phone, Herenton referred all requests for comment to Shelby County Schools, though the district did not play a role in closing the school this year.

A Shelby County Schools spokeswoman said the district would work with the charter network “to ensure that families are informed of their options” for next school year.

A request for comment from the charter network’s board chairman, Ernest Strickland, was not immediately returned.

The full letter is below: