Richard Rothstein writes that a pending Supreme Court case is crucial for the future of civil rights and integration policy.
“The U.S. Supreme Court could be on the verge of issuing a major setback to racial integration efforts. It will soon hear oral arguments regarding whether the federal government and states can pursue policies that perpetuate or exacerbate racial segregation in housing but that cannot be proven to have been designed with a racially discriminatory purpose. Federal appeals courts have consistently held that such policies should be prohibited if they have a “disparate impact” on minorities—if the consequence is segregation, even if no conscious intent to segregate can be proven. The Supreme Court may rule otherwise.
“The segregation of low-income minority families into economic and racial ghettos is one cause of the ongoing achievement gap in American education. Students from low-income neighborhoods, where parents themselves typically have less education, are exposed to less literacy at home and so come to school less prepared to take advantage of good instruction. If they live in more distressed neighborhoods with more crime and violence, they come to school under stress that interferes with learning. When such students are concentrated in classrooms, even the best of teachers must spend more time on remediation and less on grade-level instruction.
The case before the court, Inclusive Communities Project v. Texas Department of Housing and Community Affairs, is important because the U.S. Supreme Court has increasingly made it more difficult to fight segregation in many areas of American life, requiring civil rights plaintiffs in most instances to prove that defendants consciously intended to discriminate. For example, the court has effectively ended its enforcement of elementary and secondary school desegregation by ruling that racially homogenous and isolated schools don’t violate the constitutional principles of Brown v. Board of Education, unless school districts purposely assign African American students to separate and inferior schools — if not by explicit ordinance, then by provable intent. When it comes to the Fair Housing Act, however, civil rights groups and the Department of Housing and Urban Development (HUD) have continued to insist that even when the intent to discriminate is not present or provable, housing policies are prohibited by law if they have a disparate impact on minorities by perpetuating minorities’ isolation. Whether a conservative majority of the Supreme Court prevents such enforcement of housing legislation by applying the narrow “intent” requirement of its radical constitutional theory will be decided in this case.”

What happened in the actual case and what was the proposed remedy?
LikeLike
Why not do some research? You might look at this to see who is one what side and what some of the issues are. http://www.centerforcapitalmarkets.com/…/2014-BOS-3407410-v1-Texas_DHCA __AS_FILED_Amicus_Brief_of_Mortgage_Trade_Asso.pdf
OF CERTIORARI. 253953. TEXAS DEPARTMENT OF HOUSING AND. COMMUNITY AFFAIRS, et al.,. Petitioners, v. THE INCLUSIVE COMMUNITIES PROJECT .
LikeLike
Peter, the US Supreme Court has not ruled yet
LikeLike
Actually, I was just trying to get Richard to clarify what he knew about the case.
LikeLike
Plaintiffs won a jury trial against Texas, judgment (modified) was affirmed by the Fifth Circuit, and Texas petitioned the Supreme Court for review. Relief was some form of injunctive relief.
SCOTUSblog is a great source for info on cases pending before the Supreme Court (commentary, court filings). Google the site and bookmark it.
LikeLike
These are troubling, sad and infuriating times: 5-4 (with Kennedy the swing vote). Technical knock out for the Conservative Gang. The backward legal slide continues. Oy vez mir. I hope t am wrong.
LikeLike
They argue law, and “do not consider impact.”?
Let me talk , for a moment, about the impact of the the abrogation of the civil rights of Americans who happen to be teachers.
This is a civil rights violation that s totally unknown by the public, in need of a film or insetting incident that breaks through the wall of silence that hides a constitutional sandal of the 20th century.
http://www.speakingasateacher.com/SPEAKING_AS_A_TEACHER/No_Constitutional_Rights-_A_hidden_scandal_of_National_Proportion.html
Simply stated: the people who judge and evaluate teachers are not sworn under penalty of perjury… THUS, you see, they are free to say whatever they wish, without the need to produce evidence or hear contradictory testimony.
A cop signs your summons, and his signature means something because he is UNDER THE PENALTY OF PERJURY.
Seriously… it is That simple.
The impact of legislation depends on the regulators.
When the top-dawn managers can empty the employment folders of successful and exceptional teachers, and substitute the unsubstantiated allegations of some failed human being with a budget in her hands, and there is no penalty under the CONSTITUTIONAL DEFINITION OF PERJURY… then what we get is the superintendent I met in District 2 in 1998 (when I was the NYS Educator of Excellence), inventing her own version of reality.
This is why hundreds of thousands of teachers find themselves unable to get justice for the most egregious of offenses, and to end the harassment so they can do their jobs well…no penalty of perjury, so even if a teacher sues, like Karen Horwitz did, the principal is not held accountable.
http://www.whitechalkcrime.com/karen-horwitz/karen-horwitz-story/
Everyone saw what happened when the banksters were not held accountable!
What more is there to say?
Well …. there is lots of chatter out there and here, about testing , and evaluation, and VAM and CC but NOWHERE IS THERE A discussion about the template used across the nation to remove the tenured professional. I do not hear OUT THERE in the media, or when I travel anywhere and everywhere as a travel writer, about this PROCESS which violates the civil rights of every single teacher!
Teachers are Americans who have a right to hear allegations, see evidence, present rebuttals and question witnesses.
BTW this process used to end the tenure and the voice of the teachers on the line, THE ONLY ONES WHO KNOW WHAT MUST BE IN THAT CLASSROOM, ENSURED the FAILURE of the schools, SO THEY COULD replace them with private education.
Period…end of the beginning assault on public education. Charter schools are phase 2!
Nothing said by, the activists whom I follow, has made a difference, and they have been speaking as a teacher for a very long time, too.
The voice of the teacher does not appear at the top of any list where pundits go to hear what needs to be done, and what really is going on in the schools.
I have many formal degrees, and many alternate degrees, but they call me teacher, not doctor… and I do not get to tell Bill Maher, that his final words this week, was a disgraceful lie…but I sure wish Dr. Ravitch would call HBO and get a chance to be on his show and talk for us >>> the HUNDREDS OF THOUSANDS of ‘mere’ teachers whose tenure MEANT NOTHING, even less than their CIVIL RIGHTS TO JUSTICE UNDER THE LAW OF THE LAND!
http://www.perdaily.com/2014/07/former-ctc-attorney-kathleen-carroll-lays-out-unholy-alliance-between-union-and-public-education-pri.html
http://www.perdaily.com/2014/02/lausds-treacherous-road-from-reed-to-vergara–its-never-been-about-students-just-money.html
Nothing has changed In the SIXTEEN years since the first assault on teachers hit me between the eyes,– just as I had attained the credentials and reputation that comes when a professional shines by any and all measures!
http://www.speakingasateacher.com/SPEAKING_AS_A_TEACHER/The_Insane_War_on_Teachers_and_Democracy.html
Well, lots of things have changed in the SCHOOLS where the VOICE of the teacher has been silenced.
Now, “THEY” can pick and choose which Americans will get an education, and slowly, but surely “THEY will do what Koch and Gates have already done, — re-write curricula, and thus, ensure that the ONLY history and information which the young citizens will hear– the only rendition of the way things are— will be what “THEY” allow!
http://www.opednews.com/articles/Magic-Elixir-No-Evidence-by-Susan-Lee-Schwartz-130312-433.html
There will be no longer be professional teacher-practitioners in the classroom who will have the license to create special lessons to motivate learners (i.e. motivation being the crucial step that all of us classroom ‘grunts-on-the-line’, know is THE first task.) No time for critical thinking skills if dumbing the people down is on the menu.
The time to ruminate is not part of the mandate. All those tests to administer, and all those lessons to show how kids how to take a test, and how to ‘do well on a test’, leaves little time to reflect on the intentions of the characters in books, and to look for the human elements that throughout history, have been what people do!
Critical thinking is what we authentic practitioners facilitated — when we did not have a supervisor who could “write us up” for not following the mandate, and use it to document ‘incompetence!’ New, young teachers do not risk insubordination charges, written by the principal* who can lie through her teeth, and document it.
We had civil rights.
*Do not imagine I am anti- principals. My niece in San Francisco, is a wonderful principal who supports learning and her teachers. I am anti -abuse of our civil rights in the workplace, that let bullies and blowhards set agendas that fail to support learning, and then, be permitted WITHOUT PENALTY OF PERJURY, to blame the teacher!
And – at the top, directing our principals and superintendents —we get the charlatans-in-chief : the Duncans, Kleins, Deasys and Rhees who sell us magic elixirs.
http://www.opednews.com/articles/Magic-Elixir-No-Evidence-by-Susan-Lee-Schwartz-130312-433.html
The classroom teacher has no voice. Many teachers speak, especially here, where they are so eloquent, but the media has done the job, put the last nail in the coffin of justice, because they spread the lies of that bad teacher who cannot be removed. They are purchased by th billionaires, and we the teacher are nowhere to be heard, even when there are articles about ‘education’ and ‘reform.’
http://billmoyers.com/segment/john-nichols-and-robert-mcchesney-on-big-money-big-media/
We do not have the money t make it into the media… we need a Michael Moore!
While academics and scholars who watch education trends and reform, have many voices as they look down from afar at the tragedy that is American Public education today, no where in the public eye, on the public stage is the voice of the authentic teacher-practioner who spends her/his days looking at what is missing if those 30 kids are to learn anything, let alone the mandated core curricula crap.
The teacher is the one who faces those 30 to 40 future citizens and enables them TO DO THE HARD WORK, to put in the effort, for th intrinsic rewards that mastering learning offers. This was what I learned when I was the cohort for the real standards,, the standards that must be in place if learning is to take place in the HUMAN MIND!
Click to access polv3_3.pdf
To conclude:
I am that “grunt-on-the line” and I have spoken here in Diane’s wonderful teacher’s room for several months now about civill rights in the educational workplace. I have spoken at Oped for over five years now, too,
http://www.opednews.com/author/author40790.html
and I wrote about learning on my first site, in 2004, six years after my rights were violated and I learned what they could do to a tenured teacher who would not retire
http://www.speakingasateacher.com/SPEAKING_AS_A_TEACHER/_ABOUT_ME__A_TEACHER_OF_LITERACY.html
And although you here know me, and my fans at Oped who viewed 250,000 of my posts know the observable reality —th eTRUTH which fills my essays, no one OUT THERE invites me to speak at places where they talk endlessly about what is wrong with the schools. I have mentioned here, and offered links to all the activists who have chronicled the abuse and revealed how the template for ending teacher’s civil rights has worked, but I wonder how many readers here have gone to those links. Karen, Betsy, Norm, Lenny, Rene, Dania, Leonie, all have made the process clear.
So, because I am the greater fool,
I will, in a few weeks, speak about many things at my own blog, in my voice as a teacher, a mother, and a citizen not as an academic or a scholar.
I will explain WITTT, what it takes to teach, the TRUTH about what really needs to be present for LEARNING TO OCCUR, because I have the proof that shows I know how its done. I will send my fans from Oped, non-teachers, ordinary folks who do read, to my blog as I send them here to learn from Diane the reality of the deform movement.
In the “DEAR BOYS AND GIRLS” SERIES, I will speak about the world that I see, in the same voice that I used when I spoke and wrote those famous letters to the young minds who sat before me, and who now as adults, once more write letters to me. I will publish some of their “Readers Letter” the ones that drew the attention of Harvard, where children talk on paper, writing eloquently about what they have discovered when they read.
And, because I love stories — and because I told stories as a 2nd grade teacher, and analyzed the behaviors in the stories that filled the xerox copies of literature that I created in my 7th grade, BUT also, because I AM a playwright by nature — I will tell a story, all of it true, about how they did it….killed the schools by murdering our reputations!
I will at MY site, and over time, REVEAL the story that unfolded on my stage, in the nineties, when characters whom I could never have imagined, walked into my workplace and, disregarding any rights that I had as an American, or any ethical standards, trashed my career.
Civil rights is the issue here? I cannot wait to tell you the incredible tale that took place in one middle school, on the East Side of Manhattan, in the nineties — just as Pearson and friends was waiting in the wings, and I had created, over 8 years, a curriculum that blew away the researchers and put ‘my kids,’ into all the top public high schools and private schools in the city.
LikeLike
Hi Susan:
It is very interesting news for you to acknowledge.
I just receive in my inbox your OpEdNews link as follows:
http://www.opednews.com/populum When I click this direct link from my inbox, the FAKE
OpEdNews website did not show your beautiful and confident picture as in the link:
http://www.opednews.com/author/author40790.html from this link, your real website shows your beautiful picture.
Moreover, it becomes interesting when I try to send you a message, your real website did not recognize what I register the same username and password in the FAKE website. Also,the FAKE link asks me many uncomfortable personal questions. Since I respect you, I try to answer as much I wrote/express in this forum. Nothing needs to be hidden.
So, this explains to you the reason you did not receive my message. Now, I ask me the BIG question “What on earth can old, sick, and unknown woman be trouble to WHOM, OMG?
Please forgive me that I do not smartly try to pay a close attention to the FAKE and REAL link.
Please ask Dr. Ravitch my email address and home address then please send me your personal email address. We will have a good chance in exchanging info about teaching later. Love. May
LikeLike
Hi Susan:
I know that I am not too dumb to miss the button send message to susanleeschwartz.
However, even from your own author site, as soon as click on that button, the fake link appears as:
http://www.opednews.com/populum/messagesend.php
Yes, I type my email address in that message and here is its confirmation:
Message has been sent successfully! From the link http://www.opednews.com/populum/messagesend.php
Also, here is a message for the hacker if my message and my email address did not reach you as it should be:
To whom it may concern:
It is a sad world that we live with people with intelligence, but without confidence and wisdom in humanity.
Although I strongly trust the karma, why cannot God and all unseen Angels help those intelligent people without humanity to acknowledge the IMMEDIATE consequence of their fear for whatever they sow the fear on all conscientious people in many folds more.
I ask for many near-death experience in order to believe in Karma, so that I confidently and not just blindly promote and sow kindness spirit in my surrounding wherever I live life after life. I pray to God to acknowledge my vow with vigilance and devotion. May
LikeLike
That is not a fake link. It send you to a log in. I went there an logged in. I got your message and the link to your page.
I am not sure what your message means.
LikeLike
Susan:
Please forgive my ignorance, heeheehee. I will send you email soon to explain my misunderstanding of log in your OEN author site. May
LikeLike