Milliken set the pattern for a number of court-ordered and voluntary plans that followed in Missouri, Ohio, Indiana and Arkansas, among other places. The concept of requiring states to provide resources for improving education as a remedy to segregation was further expanded in the Supreme Court’s and Missouri V. Jenkins, which permitted courts to order school authorities to increase spending on education remedies even when voters rejected referenda raising taxes.
But it is not only the law of the land; school integration has also shown positive benefits, there is striking evidence of progress in the performance of black children over the years found in the scores of 13- and 17-year-olds on reading tests conducted by the widely respected National Assessment of Educational Progress,” indicating a reduction in the gap between black and white students over the past 20 years of roughly 50 percent; the scores of black and Latino students from 1970 to 1990 increased by about two-thirds more than predicted.
Earlier education researchers reviewed a number of studies looking at the link between desegregation and achievement and found that where desegregation begun early, it often resulted in educational gains for African American children. These conclusions are bolstered by the National Assessment for Educational (Lewin, 1990). Progress, a large-scale study for the Department of Education that showed major gains for minority children in the South during the 1970s when desegregation occurred on a large scale.
More recently the high school completion and college graduation rates for African Americans 25 years old or older improved significantly to an all-time scoring a high of 79% and 17%, respectively, according to 2000 Current Population Survey data from the Census Bureau. Yet these figures continue to lag behind those of whites 25 and older, with an 88% high school completion rate and 28% college graduation rate in 2000.
Moreover, a 1998 study from the Southern Education Foundation found that in the 19 states that were required to desegregate their colleges and universities as a result of a 1972 Supreme Court ruling, only 12% of the African Americans entering public institutions enrolled in traditionally white schools (Lewin, 1990).. The vast majority of African American in these 19 states attended historically black colleges, universities, and community colleges. The ‘second generation’ of school desegregation plans as Gary Orfield puts it seeks to address these and other issues.
These plans continue to call for desegregation, including mixing mandatory and voluntary plans, magnet schools, and “controlled” choice such as when a student’s choice of schools is consistent with desegregation goals. But they also include educational improvements such as pre-school programs, early grade reading programs, reduced class sizes, and counseling. The tools for this new generation of plans are likely to be complex and require careful management by desegregation advocates in assessing their impact on long-term goals (Areen & Jencks, 1971).
Continuing challenges to equal education opportunity also include disproportionate assignment of minority students to special education programs, while white students are disproportionately assigned to gifted and talented programs. Disparities in the rates and severity of discipline imposed on minority as compared to white students also remain a matter of concern, as does the use of tests for making high-stakes decisions about students’ educational opportunities when such tests adversely affect minority students and are not shown to be required by educational necessity (Fullan, 1991).
As relates to bilingual, In U. S. v. Texas (San Felipe Del Rio), the federal government sought to desegregate two contiguous school districts, one predominantly white and the other overwhelmingly Latino. In ordering the consolidation of the two districts, the district judge found that English language and cultural barriers precluded the successful integration of Latino students and that addressing the language limitations of both Anglo and Latino students was therefore an appropriate desegregation device.
He ordered bilingual education for all students in the newly consolidated district. The students were enhanced by the Supreme Court’s ring which involved a class-action suit brought by non-English-speaking Chinese students living in San Francisco, who alleged a violation of the Title VI of the 1964 Civil Rights Act which prohibits federally funded programs, such as schools, from discriminating on the basis of race or national origin, because only 1,700 of about 35,000 Chinese students in need of special English instruction were actually receiving it.
The b Court ruled, Basic English skills are the very core of what these public schools teach. Imposition of a requirement that, before a child can effectively participate in the educational program, he must already have acquired those basic skills is to make a mockery of public education (Lisherman, 1989).