It is clear that the issue of desegregation has fallen off the agenda of the nation and the U.S. Department of Education. Not even DOE’s Office of Civil Rights has shown much interest in the resegregation of our narion’s schools

However, the ACLU still remembers the Brown decision and the numerous federal court orders banning segregated schools.

The ACLU just sued the state of Delaware for permitting segregated charter schools. See the court filing here and the exhibits here.

“As detailed in Part IV of this complaint, Delaware’s expansion of charter schools has led to segregated charter schools for students of color, students from low income families, and students with disabilities. Specifically, more than three-quarters of the state’s charter schools are racially identifiable.11 High-performing charter schools are almost entirely racially identifiable as White. In addition, low income students and students with disabilities (to the extent that students with disabilities are served by charter schools) are disproportionately relegated to failing charter schools and charter schools that are racially identifiable as African-American or Hispanic. Relatedly, the proliferation of charter schools has been accompanied by increased segregation in public schools located in districts where charter schools operate.”

This is a lawsuit that could have sweeping national consequences. That is, if the Brown decision is still in effect.