Desegregation Orders in Louisiana: You mean we still have those?

Desegregation order: a federal court order that requires a school district to implement specific policies and practices in order to desegregate all schools within the district

Yes, we still have desegregation orders in Louisiana.  In fact, out of the state’s 69 local school districts, roughly 40 are still operating under desegregation court orders.  The majority of these orders have been in effect for over 40 years.  Today, we are meeting with members of the Louisiana Department of Education to discuss what the Cowen Institute can do to help the LDE  support school districts to resolve these orders and finally, completely desegregate schools in our state.

A desegregation order requires the school board to undertake specific action to accomplish desegregation goals in the areas of student assignment, faculty assignment, staff assignment, facilities, extracurricular activities, and transportation.  The courts are supposed to enforce these orders until all effects of past discrimination have been remedied.  The problem is that over the years, many of these court orders have become useless in furthering desegregation.  These orders have remained idle for years, and in many cases, the court, the school board, and the community have forgotten the orders ever even existed.

What should school boards do?

School boards must work to quickly and effectively desegregate their districts and resolve their desegregation orders.  Once a school board demonstrates that is has complied with its desegregation order and has become fully desegregated, the board may petition the judge for “unitary status.”  In most cases, the school board will have to work with the plaintiffs and the judge to alter the desegregation order and operate for several years under the new order before the judge will consider granting unitary status.

Why should a school board seek unitary status?

Here are a few highlights:

• Real desegregation – A judge will only grant unitary status when a school district is actually desegregated.  This forces school boards to make much-needed changes to ensure equal opportunity for minority students.
• Release from judicial oversight – School boards will once again be able to make significant decisions for the district without first seeking permission from the court.  Some of these decisions may include: school closures and openings; redrawing of attendance zones; tax rate changes; faculty and staff hiring decisions; and facility improvements.
• Neighborhood schools – School boards will no longer have to bus children across the district in order to meet specified student racial percentages within each school.  Instead, the school board may create neighborhood attendance zones (if they choose).  Some unitary school districts have voluntarily adopted socioeconomic criteria to maintain diversity within school populations.
• Access to facilities money – It is possible that school districts still under court order may be unable to fully participate in any future state facilities funding program (it’s only a matter of time!).  For example, school districts under court order may be restricted to using facilities funding for particular schools with specified racial percentages.  At the very least, school districts under court order would have to receive permission from the courts for any substantial use of state facilities funding.
• Significant long-term cost-savings – Although the process to initiate and resolve desegregation litigation can often be expensive, once school districts are unitary, they no longer have to cover costs associated with their desegregation orders, such as: extra lawyers’ fees, paperwork costs from reports to the court, and high transportation costs (from busing students across the district).
• Freedom to charter schools – Most desegregation orders require school boards to receive permission from the federal judge in charge of the lawsuit before opening or closing any school within the district.  If opening charter schools might negatively affect desegregation within those districts, then the judges will not allow the school boards to grant the charters.

So, why wait?

Well, the truth is, the process of resolving desegregation litigation and seeking unitary status is often complicated, expensive, and controversial.  It can take years of paying attorneys’ fees and court costs to fashion an agreement that the school board, plaintiffs, and the judge all approve.  Also, some community members may oppose resolving desegregation litigation because they fear the end of the desegregation order may result in a return to segregation.  Other community members may resist a new desegregation plan that implements new attendance zones or school closures.  Elected school board officials might be hesitant to change the status quo in the face of these pressures.

But, now more than ever, school boards really can’t afford to wait to begin resolving their desegregation litigation.  The U.S. Department of Education’s Office for Civil Rights recently announced intentions to aggressively pursue schools and districts that were violating civil rights laws (and their desegregation orders).  Likewise, a plaintiff can reopen a stagnant desegregation case any time there is evidence that the school district is violating its order.  Or, a judge may choose to reopen and begin the process to resolve litigation at any time, for any reason.  Rather than being caught unaware and unprepared for the forced resolution of desegregation litigation, it would be wise for school boards to proactively begin the process themselves.  That way, the school board can take time to develop an effective plan that truly equalizes opportunities for minority students and causes as little expense and controversy as possible.

What can you do?

Do you know if your parish school district is under a desegregation order?  If it is, find out what your school board is (or, more likely, is not) doing about it.  If you’d like to learn more about desegregation orders in Louisiana, please read the Cowen Institute’s new online publications below.  And, if you have additional information about you particular parish’s desegregation status or intentions to pursue unitary status, please contact us!

Desegregation Litigation: An Overview
A mini-brief explaining more about the desegregation process, issues involved, and basic recommendations for local school boards

Desegregation Litigation Process Chart
A chart detailing the typical stages of a desegregation lawsuit

Louisiana Desegregation Case Studies: East Baton Rouge, West Carroll, and Tangipahoa
Case studies and timelines chronicling each parish’s desegregation litigation process to date

Parish Desegregation Status Matrix
A collection of information describing the status of desegregation in Louisiana at both the state and parish levels