School Segregation in the Wake of Brown v. Board

By: Morgan Dreher

edited by: Isabel Gortner and Isabel Niemer

Brown v. Board of Education: the landmark case that ruled “separate but equal” was inherently unequal, and solved school segregation in the United States, right? [1] Not quite. In modern times, about one in five public school students attend “racially isolated” schools and disadvantaged districts receive $4,200 less per student annually than wealthier, neighboring districts. [2] There is no shortage of research demonstrating that racially and economically integrated schools improve the academic and emotional outcomes of students across all backgrounds, [3] so why are Black students today still as segregated as they were in the 1960s? [4]

To understand the issue of modern school segregation, one must first comprehend the enforcement of Brown v. Board, and the subsequent legal proceedings. The public possesses a general understanding of what it means to be “separate” but inherently unequal, [5] but the confusion arises around how this was implemented. While the first decision in the Brown case declared that school segregation violated the Equal Protection Clause of the Fourteenth Amendment, Brown II delegated oversight to the lower courts, to be conducted with “all deliberate speed.” [7] The ambiguous nature of this decision meant states were not under any time constraint to facilitate integration, allowing them to create their own timeline. [8] 

In addition, if segregation was not a direct product of policy, courts had minimal ability to enforce integration. [9] Largely contributing to this limited power was the 1974 case, Milliken v. Bradley. The Supreme Court ruled that if Michigan suburbs contributing to high segregation in Detroit were not actively hurting Detroit students, they could not be held to active desegregation efforts either, further limiting the courts’ capacities to enforce desegregation. [10] In the decision, Justice Thurgood Marshall foresaw that “the very evil that Brown was aimed at will not be cured but will be perpetuated.” [11] In short, the courts began to only consider if the intent was segregation, dismissing other policies and actions creating segregation, [12] and moving further away from their commitment to integration. [13]

Furthermore, housing segregation is so intrinsically tied to school segregation that its history must be mentioned. The practice of “redlining” was a collection of racist housing policies created by the Federal Housing Administration, which categorized people of color as high risk and forced them into segregated neighborhoods. [14] Although the 1986 Fair Housing Act made race-based housing discrimination illegal, the legacy of redlining persists. [15] This has direct implications for school segregation because district zoning maps do not take neighborhood segregation into account when drawing their boundaries. [16] As a result of redlining and the Milliken decision, today’s school segregation pertains more to districts than individual schools. [17] Because school funding is derived from property taxes, entire districts are often disadvantaged, with about one-third less money per student than their wealthier counterparts. [18] 

So, is the current lack of integration caused by legal proceedings or the continued ramifications of housing segregation? The answer is both, with the addition of several external factors. Another commonly cited source of school segregation is district secession, where schools separate from their district with the intent of more concentrated control. [19] These new schools contribute to resegregation because they are often comprised of wealthier white and Asian students, with fewer Hispanic and Black students, and less representation from students of lower socioeconomic status. [20] An additional cause of segregation is a lack of public and political support for integration efforts, such as those involving funding. Although former President Obama allotted federal grants for “Opening Doors, Expanding Opportunities,” intended to fund efforts for public school integration, the Trump administration pulled these grants, moving integration efforts backwards. [21] Other factors include direct opposition to integration and separation of students based on ability and testing, which often involves racial bias. [22][23] Ultimately, because segregation is no longer codified into law after Brown v. Board, racial inequality is reproduced and spread across many systems, [24] and the United States will require comprehensive reform to desegregate fully. [25]

While comprehensive reform is not yet on the table, certain districts and cities can be analyzed as case studies to direct future, widespread efforts. For example, Cambridge, Massachusetts has adopted a “controlled choice” model, where parents rank their top choices for schools, and the district makes final decisions that reflect its socioeconomic distributions. [26] Integration efforts by race can be difficult to achieve based on legal precedent, so this district utilizes income as a “powerful equalizer.” [27] On the contrary, areas like San Antonio have less diversity within their districts, so they are instead focused on developing high-quality schools with substantial resources and opportunities. [28] These schools prioritize in-district students, but also attract out-of-district students of higher socioeconomic status, thus facilitating diversity. [29]

School districts across the country must continue to pursue integration. An article from JJ Packer of Reading Partners discusses how students in integrated schools have more academic success, including more likelihood of attending college and less likelihood of dropping out. [30] These same students have proven to have emotional benefits, including less anxiety and fewer biases. [31] Ultimately, efforts to integrate schools will improve the educational experience of students, [32] and for Brown v. Board of Education to see its true objective manifest in modern times, widespread reform must occur across the various systems that perpetuate racial segregation and inequality.

Notes:

1. Earl Warren and Supreme Court Of The United States,  U.S. Reports: Brown v. Board of Education, 349 U.S. 294, 1954, Periodical. https://www.loc.gov/item/usrep349294/.

2. Elissa Nadworny and Cory Turner, “Milliken v. Bradley: Supreme Court Case Has Helped Keep Schools Segregated,” NPR, 2019. https://www.npr.org/2019/07/25/739493839/this-supreme-court-case-made-school-district-lines-a-tool-for-segregation.

3. JJ Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners,” Reading Partners 2023. https://readingpartners.org/blog/why-american-school-segregation-didnt-end-with-brown-v-board-of-education/.

4. Cassidy Foley, "School Segregation: A Modern Issue," Celebration of Learning, 2018.https://digitalcommons.augustana.edu/celebrationoflearning/2018/presentations/21

5. G. R. López and R. Burciaga, “The Troublesome Legacy of Brown v. Board of Education,” Educational Administration Quarterly 50 (5): 796-811, 2014. https://doi.org/10.1177/0013161X14551410.

6. López and Burciaga, “The Troublesome Legacy of Brown v. Board of Education.”

7. López and Burciaga, “The Troublesome Legacy of Brown v. Board of Education.”

8. López and Burciaga, “The Troublesome Legacy of Brown v. Board of Education.”

9. Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.”

10. Nadworny and Turner, “Milliken v. Bradley: Supreme Court Case Has Helped Keep Schools Segregated.”

11. Nadworny and Turner, “Milliken v. Bradley: Supreme Court Case Has Helped Keep Schools Segregated.”

12. López and Burciaga, “The Troublesome Legacy of Brown v. Board of Education.”

13. J. R. Feagin & B. M. N. Barnett, “Success and Failure: How Systemic Racism Trumped the Brown v. Board of Education Decision,” University of Illinois Law Review, 2004(5), 1099-1130, 2004. https://illinoislawreview.org/print/volume-2004-issue-5/success-and-failure-how-systemic-racism-trumped-the-brown-v-board-of-education-decision/

14. López and Burciaga, “The Troublesome Legacy of Brown v. Board of Education.”

15. Sequoia Carrillo and Pooja Salhotra, “U.S. schools remain highly segregated, government report finds,” NPR, 2022. https://www.npr.org/2022/07/14/1111060299/school-segregation-report.

16. Carly Berwick, “3 Promising Models of School Integration,” Edutopia, 2018. https://www.edutopia.org/article/3-promising-models-school-integration/.

17. Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.”

18. Nadworny and Turner, “Milliken v. Bradley: Supreme Court Case Has Helped Keep Schools Segregated.”

19. Carrillo and Salhotra, “U.S. schools remain highly segregated, government report finds.”

20. Carrillo and Salhotra, “U.S. schools remain highly segregated, government report finds.”

21. Janel George and Linda Darling-Hammond, “Brown at 67: Segregation, Resegregation, and the Promise of Federal Policy,” Learning Policy Institute, 2021. https://learningpolicyinstitute.org/blog/brown-67-segregation-resegregation-and-promise-of-federal-policy.

22. Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.”

23. Feagin and Barnett, “Success and Failure: How Systemic Racism Trumped the Brown v. Board of Education Decision.”

24. Andrea Dyrness, “Cultural Exclusion and Critique In the Era of Good Intentions: Using Participatory Research to Transform Parent Roles in Urban School Reform,” Social Justice, 36(4 (118)), 36–53, 2009.  http://www.jstor.org/stable/29768560

25. Foley, "School Segregation: A Modern Issue.”

26.  Berwick, “3 Promising Models of School Integration.”

27. Berwick, “3 Promising Models of School Integration.”

28. Berwick, “3 Promising Models of School Integration.”

29. Berwick, “3 Promising Models of School Integration.”

30. Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.”

31. Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.”

32. Packer, “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.”

Bibliography:

Berwick, Carly. 2018. “3 Promising Models of School Integration.” Edutopia. https://www.edutopia.org/article/3-promising-models-school-integration/.

Carrillo, Sequoia, and Pooja Salhotra. 2022. “U.S. schools remain highly segregated, government report finds.” NPR. https://www.npr.org/2022/07/14/1111060299/school-segregation-report.

Dyrness, A. (2009). “Cultural Exclusion and Critique In the Era of Good Intentions: Using Participatory Research to Transform Parent Roles in Urban School Reform.” Social Justice, 36(4 (118)), 36–53. http://www.jstor.org/stable/29768560

Feagin, J. R., & Barnett, B. M. N. (2004). “Success and Failure: How Systemic Racism Trumped the Brown v. Board of Education Decision.” University of Illinois Law Review, 2004(5), 1099-1130. https://illinoislawreview.org/print/volume-2004-issue-5/success-and-failure-how-systemic-racism-trumped-the-brown-v-board-of-education-decision/

Foley, Cassidy. (2018) "School Segregation: A Modern Issue." Celebration of Learning.

https://digitalcommons.augustana.edu/celebrationoflearning/2018/presentations/21

George, Janel, and Linda Darling-Hammond. 2021. “Brown at 67: Segregation, Resegregation, and the Promise of Federal Policy.” Learning Policy Institute. https://learningpolicyinstitute.org/blog/brown-67-segregation-resegregation-and-promise-of-federal-policy.

López, G. R., and R. Burciaga. 2014. “The Troublesome Legacy of Brown v. Board of Education.” Educational Administration Quarterly 50 (5): 796-811. https://doi.org/10.1177/0013161X14551410.

Nadworny, Elissa and Corey Turner. 2019. “Milliken v. Bradley: Supreme Court Case Has Helped Keep Schools Segregated.” NPR. https://www.npr.org/2019/07/25/739493839/this-supreme-court-case-made-school-district-lines-a-tool-for-segregation.

Packer, JJ. 2023. “Why American school segregation didn't end with Brown v. Board of Education - Reading Partners.” Reading Partners. https://readingpartners.org/blog/why-american-school-segregation-didnt-end-with-brown-v-board-of-education/.

Warren, Earl, and Supreme Court Of The United States. U.S. Reports: Brown v. Board of Education, 349 U.S. 294. 1954. Periodical. https://www.loc.gov/item/usrep349294/.