Archives for category: New Orleans

The founding myth of the corporate reform movement is the rebirth and transformation of the public schools of New Orleans after Hurricane Katrina in 2005. Most of the city’s public schools suffered physical damage because of the horrendous storm. Large numbers of the students and teachers were scattered after the storm. The state of Louisiana moved in aggressively: it lowered the bar at which a school was deemed to be failing. It took control of most of the public schools and turned them over to charter operators. It fired all of the teachers, most of whom were African-American, disbanding the teachers’ union. The charter operators hired large numbers of Teach for America recruits. The media hailed the experiment in privatization as a success story. Numerous states followed the lead of New Orleans, turning over their lowest-performing schools to charter operators. Michigan created the Education Achievement Authority. Tennessee created the Achievement School District. North Carolina and Nevada launched similar but smaller experimental districts. All of them failed.

Now comes a report that the nearly all-charter New Orleans district did not live up to its hype.

Dr. Barbara Ferguson 
Research on Reforms, Inc. 

April 2024

Following Hurricane Katrina, a newly enacted state law identified schools that scored below the state average as failing and subject to take-over. The state then took-over 107 of New Orleans’ 120 public schools and turned them into charter schools. Last year’s scores showed that 56 of New Orleans’ 68 public schools had scores below the state average.*

Thus, after nearly twenty years, over 80% of New Orleans schools are still below the state average. This charter school experiment has been a failure.

Of the five worst performing high schools taken-over, only one now scores above the state average. Two are still below the state average. Another was closed and then reopened as a campus to expand the Willow selective admission charter school. The status of the other, Walter Cohen, is unclear. Recall that the New Orleans College Prep Charter took-over Cohen High School, operating its selective charter school on one floor, while leaving the failing Cohen students on the other floors. Thus, we learned that the take-over of a failing school simply meant taking-over the building, not the failing students in the building.

Of the five highest performing high schools taken-over, they continue to be the highest performing except for one, McDonogh #35, which is now below the state average. These schools, except for McDonogh #35, collectively received over $5 million in Charter School Grant Funds. The five worst performing high schools received nothing in Charter School Grant Funds following the takeover.The Louisiana law, which termed charter schools “an experiment,” also stated that they were to “serve the best interests of at-risk” children and youth.

But the legislative auditor found in 2022 that for the past six years, more than 1 in 5 charter schools failed to meet requirements on enrollment of children from low-income families.

Louisiana’s “state takeover” law required schools below the state average to be taken-over. Thus, half of the schools should have been taken-over because half are below the state average and half are above. Yet, only the New Orleans’ schools below the state average were taken-over. Targeting New Orleans seems to again be popular with our new governor.

Research on Reforms, Inc. consistently reported on the status of the state-takeover through its website and a published book, “Outcomes of the State Takeover of the New Orleans Schools.” This will be the final of its outreach, which ends with hope that our legislature will one day enact laws that provide equity and excellence in education for our New Orleans children and youth.

Barbara Ferguson, Attorney and Co-founder 
Charles Hatfield, Co-founder 
Research on Reforms, Inc.

Comments to 

bferguson@researchonreforms.org

Research On Reforms Website

Ruby Bridges was chosen as the first child to integrate a public school in New Orleans. Six years old, she walked to school surrounded by federal marshals. After Norman Rockwell illustrated the photo, it became an iconic image as “The Problem We All Live With.”

Ruby Bridges was interviewed by Stephen Colbert, and it was a moving interview. He asked her if she was afraid when she saw the crowds of screaming white parents outside the school. She said, “No, I thought it was a Mardi Gras event.” When she entered the school, the crowd rushed in and withdrew their children, leaving her the only student in the school.

It’s a wonderful short interview, and she is a very impressive woman.

When Betsy DeVos was Secretary of Education, she gave $10 million to establish a research center on school choice; she chose carefully. Given who she is, she was not likely to give the money to academics likely to throw cold water on her life’s work. She gave the grant to Tulane, smack dab in the middle of the only city that has no public schools. The organization she funded is called the National Center Research on Education Access and Choice (REACH), led by economist Douglas Harris.

REACH has not been a cheerleader for choice but neither has it been notably critical. The all-charter New Orleans district has not offered much to cheer about. Just days ago, the Orleans Parish School Board closed The Living Charter, which has a large proportion of English learners, because of its test scores. It was the ninth charter school closed in New Orleans since 2018.

Two of the nation’s most active funders of charter schools just awarded nearly $1 million to REACH: the Walton Foundation and the City Fund.

Walton is the single largest private funder of charter schools in the nation. The City Fund was created by billionaires Reed Hastings (Netflix) and John Arnold (ex-Enron) specifically to spur the growth of charter schools.

Tulane announced:

The latest research on school choice suggests that the availability of charter schools alongside other options is producing impacts across entire school systems. However, what works in New Orleans may not work in Arizona. How can we better understand variations across contexts in order to design more effective policies at the system-level?

The National Center for Research on Education Access and Choice (REACH) at Tulane University received a total of $975,964 in funding from both the Walton Family Foundation ($485,914) and City Fund ($490,050) to jointly support a three-year research project on the system-level effects of charter schools at the national level. The goal is to learn how charter schools improve student outcomes and better understand the role of policy in fueling these changes.

Is it too much to suggest that their sponsorship is akin to cigarette companies funding research on the benefits and risks of nicotine?

Harris implied in his comments on the grant that a district with 100% market share was subject to “diminishing returns.” Does he mean that it’s useful to have some public schools to take the students that the charters don’t want?

According to REACH Director and Tulane School of Liberal Arts Professor of Economics Douglas Harris, “This funding will help us improve the functioning of the charter sector by better understanding the roles played by factors such as access to quality teachers and the design of charter policies, including charter school funding. We will also learn about the various mechanisms throughout which charter schools affect students, including indirect effects on traditional public schools. Finally, places like New Orleans have gone 100% charter, but we see some evidence of ‘diminishing returns’ to charter market share.” He added, “We are thankful to both The Walton Family Foundation and City Fund for their generous support of our work.”

Back a few years, the business restructuring company Alvarez & Marsal became deeply involved in reorganizing school districts, despite their lack of any educational experience. As a reflection of the corporate mindset of the early 2000s, A&M’s corporate experience was thought to be a major asset in rearranging school districts.

The president of A&M, Bill Roberti, who had previously been CEO of the elite menswear company Brooks Brothers was hired to take charge of the St. Louis school district, at $5 million a year.

During his 13 months as superintendent of St. Louis public schools, former Brooks Brothers chief executive William V. Roberti closed 21 schools, lopped $79 million off the school budget, privatized many school services and laid off more than 1,000 employees. He stepped down in June at the end of his contract….

The basic assumption behind the Roberti reforms was that a school district operates in much the same way as a retail business. Both systems rely on “supply chain management,” he said. “Many people talk as if there’s some magic to education. But the job of getting supplies from a warehouse to a building is the same in schools as it is in business as it is in the federal government.”

To slash costs, Roberti outsourced many operations to private contractors. He also cut hundreds of positions, including supervisors, counselors and department coordinators. He is proud of the fact that he did not fire a single teacher — dozens of teachers were permitted to retire without being replaced, which resulted in larger classes in many schools.

He left after 13 months, and the firm was hired in June 2005 (three months before the Hurricane) to take part in the restructuring of New Orleans public schools. Roberti was in charge of finance, purchasing, accounting and human resources for $16.8 million for two years. In light of the added duties after the Hurricane, A&M’s fee for three years was double the original proposal.

Then came a nice gig in New York City, where Joel Klein paid A&M $15.8 million to reorganize the school bus routes and save money. That was a fiasco, launched on the coldest day of the year, many students left stranded.

ProPublica investigated how the super-rich avoid taxes by buying super-yachts and private jets. It’s first example: the very wealthy Alvarez & Marsal.

Over the past two years, ProPublica has documented the many ways that the ultrawealthy avoid taxes. The biggest or most daring maneuvers scale in the billions of dollars, and while the tax deductibility of private jets isn’t the most important feature of U.S. tax law, the fact that billionaires’ luxury rides come with millions in tax savings says a lot about how the system really works.

There are dozens of examples of wealthy Americans taking these sorts of deductions, which are premised on the notion that the planes are used mainly for business, in the massive trove of tax records that have formed the basis for ProPublica’s “Secret IRS Files” series. The ultrawealthy, however, can easily blur business and pleasure. And when they purport to make their planes available for leasing, to fulfill one definition of using the planes for business, they tend to be more adept at generating tax deductions than revenue.

Flying to Ireland to inhale the seaside air as you drive a golf ball into the scenic distance. Crossing the country to reach your enormous yacht, which is ready for your Hudson River pleasure cruise. Hosting a governor’s wife on your very own aircraft. These are only a few of the joys that the richest Americans have experienced in recent years through their private jets. And what made them all the sweeter is that they came with a tax write-off.

Tony Alvarez and Bryan Marsal built a successful consulting firm specializing in restructuring — advising struggling or bankrupt companies on what to sell and whom to lay off. It can be a grim business: Marsal has been known to announce to prone firms that they were now a “community of pain.” But the partners, who are also close friends, own another enterprise, the Hogs Head Golf Club (“Built by Friends, for Friends, for Fun”), on the southwest coast of Ireland. It boasts views of the nearby mountains and bay.

In 2016, before opening their new course, the pair teamed up, via an LLC they named after their golf club, to buy a 2001 Gulfstream IV jet. The next year, President Donald Trump signed his big tax cut into law. It made buying a plane even more attractive: The full price of the plane could be deducted in the first year, a perk called “bonus depreciation.” Before, depreciation was typically only partially front-loaded, with the full balance spread over five years. The law also for the first time made pre-owned planes eligible for this treatment.

As a result, when Alvarez and Marsal sprang for their second plane in 2018, this one a Gulfstream V, the entire cost was deductible. That year, the pair’s two planes netted them a tax deduction of $14 million.

Last August, their Gulfstream V took off from Westchester County Airport in New York state for Ireland. About an hour later, their Gulfstream IV left for the same destination, a small airport in County Kerry near their club. Both planes can comfortably seat over a dozen passengers, but flight records don’t show who was on board. Over the coming month and a half, the two planes crisscrossed the Atlantic several times.

Were these business trips? Possibly, yes. (ProPublica’s records do not indicate whether specific trips were taken as deductions.) If so, operating expenses — including crew, fuel and other costs — from the partners’ trips to oversee the course would be fully deductible. These deductions would come in addition to depreciation.

The election for mayor in Chicago will be held on April 4. The final will be a runoff between Paul Vallas and Brandon Johnson. Vallas’s supporters point to his long career as a superintendent in various school districts (although he is not and was never an educator). Brandon Johnston was elected as a County Commissioner and worked for the Chicago Teachers Union as a community organizer.

The Chicago/based website The Triibe reviewed Vallas’s record as superintendent in several school districts.e The consistent themes of his time in office were privatization, charter schools, and specifically, military charter schools.

Yesterday was the tenth anniversary of Mercedes Schneider’s wonderful blog!

I learned about it last night, too late to mark the actual blog birthday.

Mercedes is one of the sharpest, smartest voices of the Resistance to privatization. She is a hero of the Resistance thanks to her incisive, brilliant exposés of “reform” hoaxes.

She is a high school English teacher in Louisiana. She has a Ph.D. in statistics and research methodology. She could have been a professor but she wanted to teach high school students.

I started my blog in April 2012; she started hers in January 2013. We exchanged emails, and we met when I came to speak in Louisiana. We became fast friends. Mercedes has been a regular at annual conferences of the Network for Public Education, where she most recently gave lessons on how to obtain tax forms and other public data about “reform” groups, which sprout like weeds, with new names, lots of money, and the same set of actors.

Mercedes is relentless. While teaching and blogging, she wrote four books over the past decade.

In 2014, her first book was A Chronicle of Echoes: Who’s Who in the Implosion of Public Education, a vivid portrayal of the cast of characters who pursued privatization and teacher-bashing while calling themselves “reformers.” Might as well have called themselves “destroyers,” because that’s what they are.

In 2015, she published Common Core Dilemma: Who Owns Our Schools?, with a foreword by Carol Burris, executive director of the Network for Public Education.

In 2016, she published School Choice: The End of Public Education?, with a foreword by Karen Lewis, the late and much-loved President of the Chicago Teachers Union.

In 2020, she gathered her advice about research and published A Practical Guide to Digital Research: Getting the Facts and Rejecting the Lies.

In her blogday post, she reflected on some positive developments in the past decade

Of course, the fight continues, but allow me to celebrate a few realities:

  • Bobby Jindal is no longer governor of Louisiana, and his 2016 presidential ambitions were a flop.
  • John White is no longer Louisiana state superintendent. In fact, he is not a superintendent anywhere at all.
  • Michelle Rhee is no longer DC school chancellor. She, too, is chancellor of nowhere at all.
  • Hanna Skandera is no longer NM school chief. She, too, is school chief of nowhere at all.
  • Joel Klein holds no sway over NYC schools. Chief of nowhere.
  • Teach for America (TFA) is losing its luster. Though it tries to reinvent itself, the bottom line is that the org depends upon class after class of willing recruits– a well that appears to be hitting bottom.

Yes, the fight continues. But today– today I take a moment to celebrate just a wee bit.

Happy Blogday to me.

I celebrate Mercedes too and happily name her to the honor roll of this blog.

Love you, Mercedes! May you keep on making a difference.

The New Orleans Tribune pulled the mask off the charade of reform in New Orleans. The much-heralded experiment of turning every public school into a charter school is a failure. In the latest state ratings, more than half the schools received a grade of D or F.

The newspaper’s editorial board writes:

It has been said that the definition of insanity is to do the same thing over and over again and expect different results.

Well, NOLA Public Schools must be certifiably insane; because here we are — 17 years deep into a so-called education reform movement; and this year’s recently released school performance scores continue to reveal the what we have long known — this reform was and is a farce and a failure.

In the wake of Hurricane Katrina, laws were rewritten to make the takeover of public schools in Orleans Parish easier. The minimum school performance score needed to escape being considered a failing school was raised from 60 to 87.4 so that more public schools in New Orleans could be taken over by the Recovery School District. Veteran teachers were summarily fired without cause. School buildings and resources were turned over to quasi-private charter management organizations. Our children were and still are bussed all over the city.

Then in 2019, the reformers really dug in, and the Orleans Parish School Board got out of the business of operating schools all together, turning over every campus to a charter operator and an unelected and unaccountable board.

And all of this for what?

If any of this maneuvering would have resulted in success, we would have nothing to say.

But there are 65 charter schools loosely operating under the cavalier control of the Orleans Parish School Board, and based on the 2022 school performance scores released in November by the Louisiana Department of Education, more than half of them are D and F schools. In other words, they are failing or close to it. In fact, if the SPS of 87.4 that was purposefully raised to take over public schools in 2005 were applied right now all but four of the 65 NOLA public schools could be taken over TODAY!

Let’s say it again, another way — if the same standard that was intentionally changed to takeover and destroy public education in Orleans Parish in 2005 were applied to the 65 public charter schools operating under NOLA Public Schools today, a full 61 of those schools would be considered failing by the state RIGHT NOW!

All of the teachers and administrators should be fired without cause; their buildings and resources should be turned over to the RSD; their students and the money that follows them should be scattered to the wind.

Of course, that’s not going to happen. In order to mask the failure of this corporate takeover of public education masquerading as a reform movement, the minimum SPS has been lowered over the last decade and half, indicative of the fact that this so-called reform has never been about improving educational outcomes for our children.

And the Board of Elementary and Secondary Education has refused to revisit its accountability policy.

That is because this reform is and has always been about power and control over resources, contracts, assets and the dollars that follow every student. It was never about the students….

So we ask: Where’s the reform . . . the change . . . the miracle results touted as the public school system in Orleans Parish was pillaged and plundered in the wake of Hurricane Katrina?

We know the truth. The miracle was a mirage…It’s time to recall this reform! It is time to return public education in New Orleans to real local control so that another generation of children are not left by the wayside.

The New Orleans Tribune is an African American newspaper, so its views will be ignored by the powers that control the legislature and the state Board of Elementary and Secondary Education.

Mike Deshotels is a retired educator in Louisiana, who blogs at “Louisiana Educator.” He wrote the following post about the now well-established all-charter district.

The state of Louisiana took over most public schools in New Orleans after the devastation caused by Hurricane Katrina in 2005. It turned them over to charter operators, who were expected to get better academic results than the underfunded public schools. The city’s experienced teachers, mostly African-American, like their students, were fired and replaced by inexperienced Teach for America recruits. Philanthropies and the federal government poured billions into the district to help privatization succeed.

Other states, impressed by the promises of privatization, pushed for more charter schools, and some for vouchers, like Arizona, North Carolina, Florida, and Ohio. Michigan created the Education Achievement Authority (which failed), Tennessee created the Achievement School District, which boldly promised dramatic increases in test scores. It failed too. Still others, like Oklahoma, Nevada, and Texas, encouraged privatization and rapid expansion of charter schools.

Billionaires like Michael Bloomberg, Bill Gates, Charles Koch, Betsy DeVos, and the Waltons continue to fund the charter idea, as does the federal government, whose Charter Schools Program doles out $440 million annually to open or expand charter schools (many of which will fail or never open).

For the billionaires and the charter lobby, New Orleans was the shining star of the corporate reform movement, promising huge academic gains by firing teachers, closing public schools, and privatizing low-performing schools. New Orleans is the foundational myth of the charter movement.

Mike Deshotels shows here that the New Orleans “miracle” was and is a vast mirage. Fully a decade ago, in a dissent to a report by the Council on Foreign Relations that endorsed privatization of public schools, Linda Darling-Hammond wrote that “New Orleans remains the lowest-ranked district in the low-performing state of Louisiana.” Billions of dollars later, New Orleans continues to be the lowest performing school district in the lowest performing state.

Here is an excerpt from Mike Deshotels’ post:

This recently released report by the Louisiana Pelican Policy Institute, a business funded “good government” group has produced a dashboard that compares the most recent data on all public-school systems in Louisiana. It provides a way for us to compare expenditures and results in public schools. We can now get a good idea about whether the school reforms in New Orleans have lived up to their promises.

It is important to note that not all public schools in New Orleans at the time of takeover had been deemed to be failures. Even though the Orleans public school system, as a whole, fell into the bottom quartile of public school systems in the state based on academic achievement, there was a group of public schools in New Orleans that were performing well, even before 2006. Several highly selective schools had been producing high academic achievement and great college prep results. So approximately one-fourth of the Orleans schools were left intact because of acceptable results. Those schools, even though now converted into charters, continue to be selective in the students they serve and continue to produce exemplary results. But there is still a major problem with the state test scores of the other three-fourths – the reformed takeover schools.

The recent study shows that taken as a whole, the New Orleans all charter system is still ranking in the bottom quartile of all public-school systems in the state. This is in a state that performs near the bottom of all states on national testing and college preparedness. For example, the new dashboard reveals that for the four academic subjects of math, reading, science and social studies, only 18% of all New Orleans public school students are now rated proficient or better. (I averaged the results of the 4 academic subjects)

In the key subjects of math and reading, Orleans performs at the 24th percentile compared to all other state school systems. This is approximately the same as the Orleans school system performed before Katrina!

What about efficiency in the use of per pupil dollars? Has the new business-oriented model resulted in more efficient use of tax and grant dollars?

One thing that the all-charter system has been successful in doing is attracting a generous flow of charitable foundation money to these new experimental schools. A sizable portion of per pupil dollars in the reformed Orleans public system come from charitable and foundation grants. So the reformed all charter school system is certainly well funded.

The Pelican Policy Institute study has provided a rough measure of how the school money in Orleans is now allocated. Total per pupil funding of the New Orleans system now adds up to $24,434 per student. For Louisiana, this is lavish funding by any measure. The state average per pupil funding is now $11,755, less than half the per pupil amount for New Orleans. How do the New Orleans schools allocate their per pupil funding compared to all other public schools? According to the Pelican Policy dashboard, New Orleans now spends 23% of all its funding on administration and 36% on classroom instruction. (Salaries of the Charter managers are not published as far as I know) The state average for other systems in Louisiana is 8% for administration and 56% for the classrooms. (All non-charter public-school administrators and teacher salary schedules are public records)

Did the increased funding allow the reformed Orleans school system to hire a better quality of teachers? The state auditor recently found that more than half of the Orleans teachers are not certified as teachers. In addition, most of the teachers now employed in Orleans are Caucasian while 90% of the students are African American. This ignores studies that show that children learn better from real role models of their own ethnic type. So much for the new business approach.

Finally, on average, the other school systems in the state have 31% of students achieving proficiency in the 4 basic subjects tested. This compares to 18% achieving proficiency in the new reformed Orleans system.

 

Mercedes Schneider informs us that New Orleans, the nation’s first and so far only all-charter district, must downsize. It has 50,000 seats, but only 47,000 students. How will the district handle this challenge?

The core problem, she points out, is that each school has its own bureaucracy. How will they decide how to “right size” the district?

She writes:

Stability in a school district is not a goal of market-based education reform. On the contrary, “disruption” is the name of the ed-reform game; supposedly disruption and market forces somehow come together to foster parental empowerment and a “choice” situation in which the best schools automatically thrive and the less-than-best are efficiently weeded out as a result of empowered parents not choosing them.

The simplistic, smooth-operation fantasy noted above has never come to fruition in New Orleans’ “portfolio” district– one comprised completely of charter schools, some under the same management organizations, most authorized by the district but some authorized by the state (under the label Recovery School District, or RSD, with the true purpose of converting traditional New Orleans schools into charter schools) but none directly operated by a local, elected school board.

Having no consistent, centralized, publicly-elected oversight of a loosely-comprised school “district” creates many problems. First of all, the level of bureaucracy is magnified as each school or small groupings of schools is under its own appointed board and management organization. It is therefore no wonder that in New Orleans K12 schools, more salary dollars for admin increased as salary dollars for teachers decreased. Lack of centralization also makes it unrealistic to track students who leave one school to be sure that they arrive at another school. In 2015, then-RSD assistant superintendent Dana Peterson admitted that he “didn’t know” how many students disappeared from the decentralized, RSD schools.

Then comes the issue of how parental choice translates into impractical outcomes, including the inability for parents to get their children enrolled in schools physically near their homes. Parents must apply for schools using New Orleans’ “OneApp” application process, which parents complain is opaque. In 2013, I wrote about the difficulty in navigating the OneApp, which left parents to mostly choose from schools graded D or F. Some schools institute additional acceptance criteria, such as special meetings and parent essays. Former RSD superintendent Patrick Dobard admitted in 2018 that New Orleans needed “more good schools.” Nevertheless, somehow, New Orleans’ white students seem to overwhelmingly end up enrolled in New Orleans schools rated A and B, so it is no wonder that New Orleans parents complain about the opaqueness of the OneApp process.

“Parental empowerment” seems to practically translate into “selective parental empowerment.”

By June 2018, all-charter New Orleans was once again under a New Orleans school board (as opposed to being under the state-run RSD). However, the schools still have that previously-mentioned extra layer of “portfolio” bureacracy. It seemed that the New Orleans Public School (NOLA-PS) district (as the new district is called) was primarily in place to investigate financial mismanagement and fraud, such as the “emergency revoking” of three charters due to financial issues and the 2019 Kennedy High School grade-fixing scandal, which resulted in transferring Kennedy and another school to another management org (that is, to a different, non-cheating, extra “portfolio” layer of bureacracy) and NOLA-PS instituting a new means of auditing student records.

As customary, I have taken an excerpt from this very interesting post. Open the link and read it all.

Steve Luxenberg, an editor at The Washington Post and the author of a 2019 book on racial separation and the Plessy case, Separate: The Story of Plessy v. Ferguson, and America’s Journey from Slavery to Segregation, wrote to correct important errors in my post about Homer Plessy.

Plessy, you may recall, was arrested in New Orleans for attempting to ride in an all-white train car, thus violating state law. His was a test case of a recently enacted segregation statute. When his case reached the U.S. Supreme Court, challenging the constitutionality of the racial segregation law, the Court issued a ruling in 1896 endorsing the law and the legality of “separate but equal.” This endorsement of de jure segregation remained intact until the Brown vs. Board of Education decision of 1954.

Now, here are the facts about Homer Plessy, as documented by Luxenberg. I am grateful to him for correcting my version (and errors in the article I quoted):

1. Plessy was not found guilty after his arrest (in 1892), and as a result, his lawyers did not appeal that conviction. The case went to the Supreme Court on entirely different grounds. Cutting to the chase for now: Judge Ferguson held off on a trial, instead issuing a ruling on the constitutionality of Louisiana’s Separate Car Act. That was a gift to Plessy’s legal team, because it meant that they could appeal Ferguson’s ruling (he said the Act was constitutional) rather than pursuing a habeas corpus strategy as planned. The Citizens Committee (the group that planned and arranged for Plessy’s arrest as a test case) did not want Plessy in jail while the appeal was wending its way through the courts.

2. Judge Ferguson never found Plessy guilty, and he wasn’t convicted in 1890. In January 1897, nearly eight months after the Supreme Court’s ruling, Plessy pleaded guilty, before a different judge, to close the case. The Citizens Committee paid his $25 fine.

That ruling—Plessy vs. Ferguson— okayed racial segregation statutes that locked millions of Black Americans into second-class status, since separate was never equal in a racist society. Separate but equal remained in place until it was overturned by the Supreme Court in 1954, a decision that was boldly resisted by the South for years.

Homer Plessy will be posthumously pardoned as a result of a sustained effort by his descendant Keith Plessy, and the descendant of Judge John Howard Ferguson.

Keith Plessy and Phoebe Ferguson created a foundation to honor Homer Plessy and to advance the cause of racial reconciliation. Plessy and Ferguson and their allies worked for the past 11 years to get a pardon for Homer Plessy, and they have just succeeded.

Keith Plessy and Phoebe Ferguson’s drive to right a terrible, devastating wrong came to full fruition last month, when they appeared before the Louisiana Pardon Board to ask the board to extend a pardon to Homer Plessy for his conviction in 1890 [this date is wrong]. The board swiftly agreed with the pair and voted unanimously on Nov. 12 to pardon Homer Plessy.

Keith Plessy said that his ancestor Homer was selected by a local group of activists to challenge the law.

Keith Plessy placed their crusade for justice in further historical context, pointing out that Homer Plessy was actually carefully selected by late-19th-century civil rights advocates to test the state’s segregation laws of that era.

The New Orleans organization called the Comite de Citoyens, or Committee of Citizens – a multi-ethnic group of activists dedicated to fighting the 1890 Separate Car Act – chose Plessy, a mixed-race Creole, to test the law by getting arrested and placing the matter in the courts.

Once in court, Plessy’s attorneys argued that the Separate Car Act, and as such Plessy’s arrest, violated his Constitutional rights under the 13th and 14th Amendments, an argument the court rejected with his conviction.

“I feel that working together, we have been trying to tell the whole story of the Citizens Committee and the Civil Rights Movement that continued after this case,” Keith Plessy said. “[The Plessy strategy] was the blueprint that was used over and over again [by Civil Rights advocates] in the 20th century.”

“New Orleans,” he added, “was the crucible of the Civil Rights Movement.”

Governor John Bel Edwards (a Democrat) declared that he would swiftly sign Plessy’s pardon.

I had the pleasure of meeting Phoebe Ferguson and Keith Plessy when I spoke at Dillard University, a historically Black university in New Orleans, in 2010. It was incredible to meet these two people who symbolized such an important and infamous event in American history. Thanks to these two persistent people for their fight to keep Homer Plessy’s legacy alive and to pursue Justice. We are still struggling to overcome the legacy of Jim Crow era legislation.