CONYERS & SCOTT Introduce Bill to Address Racial Inequities in Public Education

WASHINGTON – TODAY, Committee on Education and the Workforce Ranking Member Bobby Scott (VA-03) and Committee on the Judiciary Ranking Member John Conyers, Jr. (MI-13) introduced the Equity and Inclusion Enforcement Act (EIEA). This legislation would empower parents and communities to address – through robust enforcement – racial inequities, including inequities in access to educational resources, in public education.

Today marks the 63^rd anniversary of the landmark Supreme Court decision in the Brown v. Board of Education case, which struck down lawful school segregation and affirmed that education was a right that “must be made available to all on equal terms.” Last year on the anniversary of Brown, Ranking Members Scott and Conyers unveiled the findings of a Government Accountability Office (GAO) report which found that our nation’s schools are, in fact, re-segregating by race and class.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“Though the Nation can celebrate the progress made over the course of the last 63 years after the Brown v. Board decision, we should acknowledge the long path ahead of us in the battle toward equal education,” said Ranking Member Conyers. “Last year’s GAO report confirmed our fears -- that many of our schools are re-segregating at alarming rates. On this landmark occasion, I’m proud to join Rep. Scott in introducing the Equity and Inclusion Enforcement Act, legislation that will help us on our path to providing equal educational opportunities for all students.”

“On this anniversary of Brown, we are reminded that we have a long way to go to achieve educational equity for all students,” said Ranking Member Scott. “Last year’s GAO report confirmed that increasing segregation along the lines of race and poverty continue to be a driver for inequities in education. The Equity and Inclusion Enforcement Act provides parents and communities with the tools necessary to ensure all children have a chance to succeed, and moves us one step closer to fulfilling the promise of Brown.”

In 1964, Congress passed the Civil Rights Act, a decade after the Brown decision. Title VI of the Act mandates that federal dollars cannot subsidize or support programs or activities that discriminate on the basis of race, color, or national origin. The EIEA would:

• restore a private right of action to file disparate impact claims under Title VI;
• create Title VI monitors to ensure that every school has at least one employee to specifically carry out the responsibilities of the law; and
• create an Assistant Secretary in the Department of Education to coordinate and promote Title VI enforcement of equity and inclusion in education.

Earlier today, a companion bill - the Rebuild America’s Schools Act of 2017 - was introduced to support new investments in school infrastructure to help level the playing field for students in under-resourced communities. 

Organizations supporting the EIEA: NAACP Legal Defense and Education Fund (LDF), Southeast Asia Resource Action Center (SEARAC), the Leadership Conference on Civil and Human Rights, the Advancement Project, NAACP, and Teach Plus.

The Equity and Inclusion Enforcement Act (EIEA): Restoring Private Right of Action to Disparate Impact Clai... by Beverly Tran on Scribd

GAO Report on Disparities and Racial Segregation in K-12 Education by Beverly Tran on Scribd

The Equity and Inclusion Enforcement Act by Beverly Tran on Scribd

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CONYERS, Scott Statement on New Civil Rights Data from Department of Education

WASHINGTON – Today, the U.S. Department of Education's Office for Civil Rights (OCR) unveiled new data from the 2013-2014 school year showing gaps that remain in educational equity and opportunity for students. Education and the Workforce Committee Ranking Member Rep. Bobby Scott (VA-03) and Judiciary Committee Ranking Member Rep. John Conyers, Jr. (MI-13) released the following statement on the release of the new data by OCR:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“The report released today from the Department of Education is a disturbing reminder of what too many families already know, and what was confirmed in the report from the General Accountability Office (GAO) we unveiled last month.  Our nation’s increasingly diverse student population is too often hyper-segregated in K-12 public schools and, sadly, educational opportunity is not available to all students of color on equal terms. This new data, and GAO’s study, are a call to action.

“That is why we introduced H.R.5260, the Equity and Inclusion Enforcement Act. The bill would amend Title VI of the Civil Rights Act to allow individuals to bring suits against school districts that implement practices and policies that have disparate impact based on race, color or nationality. We must honor our obligation to fulfil the promise of Brown v. Board of Education and seize the opportunity presented by the Every Student Succeeds Act to take meaningful and deliberate action – supported by the Federal government – to level the playing field in public K-12 schools.”

REPORT:    2013-14 Civil Rights Data Collection (CRDC)

The Equity and Inclusion Enforcement Act (EIEA): Restoring Private Right of Action to Disparate Impact Clai... by Beverly Tran

Fact Sheet - GAO School Segregation Report

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Conyers: There Is No Excuse for School Segregation

A new report reveals that our public schools are still largely segregated by race and class

By John Conyers, Jr.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

Rather than celebrating the anniversary of the landmark Brown v. Board of Education decision, which ruled that separate but equal treatment in education of blacks and whites was unconstitutional, we are left to ponder why school segregation survived well into the 21st century. This week, a federal judge ordered Cleveland, Miss., to desegregate its middle and high schools, which were running under an unconstitutional system. It has been reported that district officials have argued that desegregating the schools will cause white flight. Sadly, these claims are unsettlingly similar to those heard during the civil-rights era.

Like many in Congress, during educational policy debates, I was concerned that No Child Left Behind’s implementation failed to adequately address disparities in public schools and feared it might actually undermine educational equality. Two years ago, my colleagues Congressman Bobby Scott, former Congressman George Miller and I requested that the Government Accountability Office (GAO) investigate racial and socioeconomic isolation and integration in our secondary schools. The GAO report, released this week, revealed that our public schools are still largely segregated by race and class, and are resegregating at an alarming rate.

The percentage of schools in which 75% of students were both low-income and Hispanic or African American has increased from 9% of all K-12 public schools in 2001 to 16% of all such schools in 2014. Charter schools have seen similarly alarming trends, growing from 3% to 13% segregated by low-income as well as race and ethnicity. In absolute terms, the report shows that more than 20 million students of color now attend racially and socioeconomically isolated public schools, up from under 14 million students in 2001.

The GAO study also found that 61% of all high poverty schools are populated by at least 75% students of color. The report confirms that these high poverty, high minority schools don’t have as many resources as other non-high poverty, high minority schools. Additionally, it found that many students at these schools don’t have access to advanced coursework and are more likely to be suspended or expelled.

Though federal policy was intended to improve outcomes for at-risk students, serious structural barriers exist to achieving equal education for poor and minority students across the Nation. According to the U.S. Department of Education, African-American and Latino students are still less likely than their white or Asian peers to perform on grade level and twice as likely to drop out. Decades of research has shown that segregation negatively impacts student outcomes, with high school dropout rates significantly higher in poor, segregated schools.

Following the release of these findings, Congressman Bobby Scott and I, introduced H.R. 5260, the Equity and Inclusion Enforcement Act. This bill would overrule the 2001 Alexander v. Sandoval ruling, which stripped victims of discrimination of the right to bring disparate impact claims under Title VI of the Civil Rights Act of 1964. The legislation would amend Title VI of the Civil Rights Act of 1964—which bars any entity that receives federal dollars from discriminating on the basis of race, color or national origin—by restoring the right to individual civil court actions in cases involving disparate impact. The bill would also provide federal support to school districts to proactively monitor and ensure compliance with Title VI.

President Barack Obama signed the Every Student Succeeds Act into law last December. This critical legislation reauthorizes the Elementary and Secondary Education Act of 1965 and replaces the No Child Left Behind Act, providing drastic improvements to the challenges the law presented. It is my hope that the implementation of this act will help provide our schools with the long overdue resources they need to improve the quality of education for all students.

This week has proven that a focused effort is needed at the federal, state and local level to uphold the true meaning of Brown. The U.S. Departments of Education and Justice need to use the full extent of their authority to investigate the resegration of local schools and ensure that all children receive access to equal education at all publicly funded schools including both traditional and charter.

We must stop these trends toward resegegation from continuing unabated. Educational apartheid should not be an issue in the 21st century.

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CONYERS, Scott Unveil New GAO Report on Segregation in Public Schools

Washington, D.C. – Committee on the Judiciary Ranking Member John Conyers, Jr. (MI-13) and  Committee on Education and the Workforce Ranking Member Bobby Scott (VA-03) unveiled the findings of a new report by the Government Accountability Office (GAO) on actions needed to reduce racial and socioeconomic segregation, and address disparities in K-12 public schools. Ranking Members Conyers and Scott, along with retired Congressman and former Ranking Member George Miller, first requested this report in May 2014.

Sixty-two years ago, the Supreme Court struck down lawful school segregation in the Brown v. Board of Education decision, stating that “it is doubtful that any child may reasonable be expected to succeed in life if he is denied the opportunity of an education” The decision also affirmed that education was a right that “must be made available to all on equal terms.” GAO gathered data for this report from the Department of Education and confirmed that increasing segregation along the lines of race and poverty continue to be a driver for inequities in education. Despite Brown’s affirmation that “separate educational facilities are inherently unequal,” our system of public education remains largely separate and largely unequal.

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“This GAO report confirms what has long been feared and proves that current barriers against educational equality are eerily similar to those fought during the civil rights movement,” said Rep. John Conyers.“There simply can be no excuse for allowing educational apartheid in the 21st century. Congress and the federal government, as well as state and local agencies, must ensure all children receive access to equal education at all publicly funded schools.”

“Sixty-two years later, here we are in 2016 facing an overwhelming failure to fulfil the promise of Brown in realizing equality in educational opportunity for all students,” said Rep. Bobby Scott. “In May of 2014, I, along with Ranking Member Conyers and former Education and the Workforce Committee Ranking Member George Miller, requested that the GAO examine racial and socioeconomic isolation in K-12 public schools, and the resulting impact on educational equity. The report resulting from this inquiry confirms a growing and persistent body of research. The GAO report confirms that our nation’s schools are, in fact, largely segregated by race and class. What’s more troubling, is that segregation in public K12 schools isn’t getting better; it's getting worse, and getting worse quickly, with more than 20 million students of color now attending racially and socioeconomically isolated public schools. This report is a national call to action, and I intend to ensure Congress is part of the solution.”

“Equal educational opportunity is too critical to our nation’s future to allow persistent disparities adversely affecting minority groups to continue,” stated Thomas A. Saenz, President and General Counsel of MALDEF (Mexican American Legal Defense and Educational Fund).  “Unjustified and significant educational disparities must be challengeable by private individuals; the Department of Education simply cannot provide the consistent and broad enforcement necessary for such a pivotal concern.”

Nearly a half-century of research shows that segregation negatively impacts student outcomes and exacerbates unequal opportunity experienced later in life. GAO data from the Department of Education confirmed that race and poverty continue to be driver for inequities in education and that housing segregation patterns contribute to school segregation.

“This report shines a light on worsening educational inequities that cannot be divorced from our nation's legacy of racial discrimination that has perpetuated racial and socioeconomic isolation,” said NAACP President and Director Counsel Sherrilyn Ifill. “It is our imperative on the 62^nd anniversary of the U.S. Supreme Court’s ruling in Brown v. Board of Education to ask, ‘How will we act to address current disparities like resource inequities and discriminatory discipline practices?’ We must ensure that interventions address the intersectional nature of racial discrimination in areas like housing and economics that impact educational opportunities and outcomes.”

“The findings of GAO confirm what we know to be true: that the promise of Brown remains a promise that has gone largely unfulfilled,” said National Urban League President and CEO Marc H. Morial. “In too many communities, students of color are now more segregated with less access to equitable educational opportunities than in decades prior. Collectively, we can and must do better. This is why the National Urban League and our network of local leaders remains dedicated to partnering with state and school district leaders to seize on the opportunity presented by the Every Student Succeeds Act (ESSA); to turn the ship and reverse the trend of racial and socioeconomic isolation in public K-12 education. I look forward to continued collaboration with Congress to ensure that government at all levels is acting to right this egregious wrong and bring us closer to fulfilling Brown’s promise.”

Reps. Conyers and Scott introduced the Equity and Inclusion Enforcement Act, legislation to empower parents and communities to address – through robust enforcement – racial inequities in public education.

The Equity and Inclusion Enforcement Act (EIEA): Restoring Private Right of Action to Disparate Impact Clai... by Beverly Tran

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Reps. Miller, Conyers, and Scott Honor Brown v. Board Anniversary, Call for Examination of Education Equity Today

UNITED STATES CONGRESS

WASHINGTON—At the 60^th anniversary of the Brown v. Board of Education Supreme Court decision, much more must be done to reduce segregation and increase equity in our school system, say Representatives George Miller, John Conyers, and Bobby Scott.

Today the three members sent a joint letter to the U.S. Government Accountability Office (GAO) to request an examination of current policies in school districts and the impact of such policies on racial and socioeconomic integration and student education outcomes, as well as an analysis of the changes in student racial isolation or integration over time.

In addition, Miller, Conyers, and Scott issued the following statement:  

“Brown v. Board was a historic turning point for our nation, one that reverberated throughout the civil rights movement, our nation’s schools, and our children’s lives. But as we mark this momentous decision sixty years later, we must recognize that there is still more work to be done. Every child in every neighborhood deserves access to a high-quality public education. We know that all children—regardless of their background, their race, or their zip code—can succeed. By continuing to fight for all students to have equal access to excellent teachers, schools, and resources, we can continue to ensure that all students receive the ultimate civil right—a quality education.”

Read the full letter to GAO below.

May 16, 2014

The Honorable Gene L. Dodaro

Comptroller General

U.S. Government Accountability Office

441 G Street, N.W.

Washington, D.C. 20548

Dear Mr. Dorado:

This week marks the 60^th anniversary of the landmark ruling in Brown v. Board of Education in which the United States Supreme Court concluded that “segregation is inherently unequal” and that the prevailing doctrine of separate but equal in the field of education violated the dictates of our Constitution.  Although our nation has made progress toward realizing the promise of Brown; we write out of concern that inequality persists in public education and more must be done to fully realize the promise of Brown.

The population of our nation’s public schools is dramatically different than it was in 1954.  While there has been a steady decrease in the percentage of white students, the presence of Latino students has increased nearly five-fold.  National statistics show that segregation in public schools typically occurs by both race and poverty, with African American and Latino students more likely to be educated in schools with a substantial majority of low-income students. 

Nearly a half-century of research shows that segregation negatively impacts student outcomes and exacerbates unequal opportunity later in life.  Schools that are racially and socioeconomically isolated are related to factors including quality of instruction, teacher turnover, lower-achieving peer groups, facilities disrepair, and outdated learning materials.  High school dropout rates are significantly higher in poor, segregated schools, with most of the roughly 2,000 “dropout factories” doubly segregated by both race and income.  A 2010 research study concluded that a school’s concentration of poverty more strongly influences student academic achievement than the poverty status of the individual student.

Despite 60 years having passed since Brown, African American and Latino students are more likely to be poor, far less likely than their white and Asian peers to perform on grade level, and more than twice as likely to drop out of high school before earning a diploma. As dramatic achievement gaps persist and demographics within communities are changing, there is growing concern that much of the initial progress made toward school integration in the decades immediately following Brown is dissipating and that policy changes are being made within public education  without deliberate consideration for the impact on and effects of racial and socioeconomic isolation.  

Specifically, we respectfully request that the U.S. Government Accountability Office (GAO) carefully examine:

(1)   changes in student racial isolation or integration over time, as measured by concentration (the proportion of students of different races who attend schools that are majority white) and exposure to overall racial composition, experienced by major metropolitan areas due to variables including regional structure (county-wide versus municipal and multi-municipal school districts) and shifts in boundary lines from year to year, including shifts caused by school closures or consolidations, with particular attention to changes over time experienced in suburban school districts;

(2)   implementation of state and local educational agency (LEA) policies that affect attendance areas or admissions, including open enrollment in public charter schools, non-charter schools and magnet schools, within and inter-district enrollment policies, and any impact on socioeconomic and racial concentration (the proportion of students of different races who attend schools that are majority white) and exposure to overall racial composition and income level over time;

(3)   voluntary actions designed to further integration, such as student assignment policies and transfer priorities and policies within or across districts, undertaken by school districts and states, including those in post-unitary status, and any resulting failures or successes that may have policy implications for achieving integration in public schools more broadly;

(4)   impact of racial and socioeconomic isolation in public education, including GAO findings in responses to this inquiry, on student academic achievement, including reading and math proficiency rates, high school graduation rates, high school dropout rates, rates of college enrollment and completion, and postsecondary or postgraduate earnings.

We appreciate your assistance on this issue.  If you have any questions concerning this request, please contact Jacque Chevalier with Committee on Education and the Workforce Democratic staff at (202)225-3725.  Thank you for your consideration.

Sincerely,

GEORGE MILLER

Ranking Member, Committee on Education and the Workforce      

JOHN CONYERS               

Ranking Member, Committee on the Judiciary

ROBERT C. “BOBBY” SCOTT

Member, Committee on Education and the Workforce

Member, Committee on the Judiciary

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