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.”

study says...

In new study of school-district effectiveness, New York City falls just below national average

PHOTO: Stephanie Snyder

Each year, state test scores offer a snapshot of how much New York City students have learned. But they say little about how the city’s schools stack up against other districts’, in part because the raw scores largely reflect student demographics — wealthier districts tend to have higher scores.

Now, a major new analysis of several years of test scores from across the country provides a better way to judge and compare districts: Instead of looking at a single moment, it shows how well school systems help students grow their skills over time.

Based on that measure, New York City falls just below the middle of the pack: In the five years from third to eighth grade, its students collectively make about 4.6 grade levels of progress — landing New York in the 35th percentile of districts nationally. By contrast, Chicago students advance the equivalent of six grades within those five years, giving the district one of the highest growth rates in the country.

Still, New York is slightly above average when compared to other large districts with many students from low-income families. And it trounces the state’s other urban districts — including Yonkers, Syracuse, and Rochester, which have some of the nation’s worst growth rates.

“Among big poor districts, it’s better than average,” said Sean Reardon, the Stanford University researcher who conducted the analysis. “In the grand scheme, it’s pretty middle-of-the-road.”

Reardon’s analysis — based on 300 million standardized tests taken by students across more than 11,000 school districts from 2009 to 2015 — is the largest of its kind. It looks both at student proficiency on third-grade math and English tests (that is, what share of students earned a score deemed “proficient”) and student growth between grades three and eight (how much their scores improved over time). Reardon’s research was supported by several foundations, including the Bill and Melinda Gates Foundation, which also provides funding to Chalkbeat.

The analysis controls for the differences in tests across states and over time by converting scores into a common scale that measures growth in grade levels, making it possible to compare nearly every district in the country to one another. (It excludes New York’s scores from 2015 and some grades in 2014 because of the high number of students who boycotted the state tests those years. However, each district’s five-year growth rates is actually an average of its year-over-year growth, so Reardon was still able to calculate a five-year rate for New York.)

Experts generally prefer growth rates over proficiency as a way to evaluate school quality, since growth measures the progress students make in school rather than where they started. Even if a district enrolls many poor students who are less likely than their affluent peers to hit the “proficiency” benchmark, its schools can still help them advance at a rate comparable to or even better than schools filled with wealthier students.

“Growth is way better than achievement,” said Douglas Ready, an education and public policy professor at Teachers College, Columbia University. “We know low-income students start school behind — the question is what do school districts do with the kids they get?”

New York’s growth rate falls just below the national median of 4.8 grade levels. Among big districts, its students made gains similar to those in Dallas and Detroit, and greater than students in Los Angeles, Miami, and Indianapolis.

By contrast, Rochester ranks rock-bottom nationally. In that high-poverty district, where the median income among families with children in the public schools is $26,000, students advanced about three grade levels in five years. Yonkers’ $48,000 median income is much higher, yet its schools barely do better, with students moving just 3.5 grade levels. (Among New York City public-school parents, the median income is $42,000.)

Reardon emphasized that test scores provide an important but incomplete picture of student learning, and growth rates are an imperfect measure of school effectiveness since factors outside of the classroom also influence how much students learn over time.

Still, he argued that officials who rate schools and parents who choose them would do much better to look at a school’s growth rate over its average test scores. In fact, he said, a focus on growth rates could theoretically drive down socioeconomic segregation since higher-income parents might be willing to enroll their children in schools with many poor students and low overall test scores if the schools nonetheless had outstanding growth rates.

Ready, however, pointed out that even when schools and districts are highly effective at helping students make progress, they are still unlikely to close the yawning achievement gaps that separate most poor and wealthier students from the time they start school. Reardon came to the same conclusion.

“The large gaps in students’ academic skills between low- and higher-[socioeconomic status] districts are so large,” Reardon’s analysis says, “that even the highest growth rate in the country would be insufficient to close even half of the gap by eighth grade.”

In response to the analysis, New York City education department officials pointed to the National Assessment of Educational Progress, a standardized test taken by a representative sample of students in each state and certain districts, including New York. Only one other district among the country’s 10 largest cities performed better in reading and math than New York, which had the highest share of low-income students reach the proficient level on the reading test.

“Our schools are the strongest they’ve ever been, with record-high graduation and college enrollment rates, and improving state test scores,” said the district’s spokesman, Will Mantell.

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.”