K–12 Race-Conscious Student Assignment Policies: Law, Social Science, and Diversity

Abstract

This fall, the Supreme Court will consider the constitutionality of raceconscious K-12 student assignment policies. At a time when schools nationwide have become more racially isolated, some districts have used such policies to mitigate segregation. This article examines these policies in light of the Supreme Court's recent decisions concerning affirmative action at universities. It explores the legal implications of differences between higher education and K-12 schooling, considering what the differences might mean for particular diversity goals and for policies designed to meet those goals. Beginning with a concise summary of research on the effects of K-12 student diversity, the article places the research in a current legal context, explaining relevant law, what the courts consider important, and how research addresses evidentiary issues.

Storytelling, Leadership, and the Law: Using Amicus Briefs to Understand the Impact of School District Policies and Practices Related to Transgender Student Inclusion

“…Several education and legal scholars have observed how social science research has the potential to inform judges and influence educational policy (Dunn & West, 2008; Morgan & Pullin, 2010; Ryan, 2003; Welner, 2006). Although there is some debate as to their influence, one study found that the Supreme Court cited amicus briefs in 55% of its cases during the 2014-2015 term (Franze & Reeves Anderson, 2015).…”

Educational Strategies for Children of Milwaukee: A Critical Race Theory Analysis

“…The calls for these additional schooling options, more notably vouchers, was in large part conceptualized by progressive African American leaders, such as Annette "Polly" Williams and Howard Fuller in conjunction with European American conservatives (Dougherty, 2004). However, current research shows that without a race-based policy attached to choice and charter reforms, these efforts increase segregation in metropolitan areas (Frankenberg & Lee, 2003;Linn & Welner, 2007;Saporito & Sohoni, 2006;Scott, 2005;Wells, Holme, Lopez, & Cooper, 2000;Welner, 2006). Linn and Welner (2007) pointed out, "With some important exceptions, the availability of private, charter, magnet, or other specialty schools was associated with greater, not less, segregation" (pp.…”

“…Choice options are supposed to serve economically affluent families and low-income parents by allowing them to create their own schools, utilize magnet schools, access private schools, and utilize inter-district busing. According to Welner (2006), "On the one hand, they constitute movement away from neighborhood Brought to you by | University of Georgia Libraries Authenticated Download Date | 5/25/15 8:56 PM schools and toward market-based resource allocation. On the other hand, they place constraints on the marketplace, designed to minimize segregation.…”

Ethnic diversity in schools and bi-ethnic Dutch students’ educational outcomes and social functioning

“…Most review studies conclude that majority and minority students in schools with an ethnically diverse composition have higher cognitive outcomes and better social functioning in school than majority and minority students in segregated schools (Hallinan, 1998;Mickelson & Bottia, 2010;Mickelson & Nkomo, 2012;Welner, 2006). However, other review studies conclude that majority and minority students in schools with an ethnically diverse composition have lower cognitive outcomes and social functioning in school than majority and minority students in segregated schools (Schofield, 1995;Van Ewijk & Sleegers, 2010).…”