Posts Tagged ‘Eric Holder’

Justice Department vs. Louisiana Voucher Kids

September 25, 2013
  • OPINION The Wall Street Journal
  • September 23, 2013, 7:09 p.m. ET

Eric Holder hauls out a 40-year-old civil rights case to attack minority school choice.

By CLINT BOLICK

School-choice programs have faced no shortage of legal challenges en route to their adoption in 18 states and the District of Columbia. But none of the challenges is so perverse or perplexing as the Justice Department’s motion last month to wield desegregation decrees to halt Louisiana’s voucher program.

As part of its efforts to boost educational opportunities for disadvantaged children, last year Louisiana enacted the Student Scholarships for Educational Excellence Program. The statewide program provides tuition vouchers to children from families with incomes below 250% of the poverty line whose children otherwise would attend public schools that the state has graded C, D or F. This year, roughly 8,000 children are using vouchers to attend private schools. Among those, 91% are minority and 86% would have attended public schools with D or F grades.

Attorney General Eric Holder argues the program runs afoul of desegregation orders, which operate in 34 Louisiana school districts. By potentially altering the racial composition of those schools by taking minority children out of failing public schools, the Justice Department asserts the program “frustrates and impedes the desegregation process.” It has asked a federal court to forbid future scholarships in those districts until the state requests and receives approval in each of the 22 or more cases that might be affected.

If successful, the Justice Department’s motion could thwart school choice—not just vouchers, but charter schools—in hundreds of districts across the country that are still subject to desegregation decrees. And it would deprive thousands of Louisiana schoolchildren, nearly all of them black, of the only high-quality educational opportunities they have ever had.

Such a result would turn the desegregation decrees on their head, for it would inflict grave harm on the very children who are the decrees’ intended beneficiaries. Properly understood, desegregation and school choice share a common aim: educational opportunity.

In its landmark ruling in Brown v. Board of Education (1954), the Supreme Court made that paramount goal clear, recognizing “it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.”

After facing massive resistance to Brown, the Supreme Court approved the limited use of racial ratios for student assignments not to achieve enduring racial balance, but as a starting point in desegregating schools. Since then, the court repeatedly has struck down rigid adherence to racial ratios and has insisted that control of schools must be returned to local authorities as soon as vestiges of past discrimination have been eliminated.

But the Justice Department has been slow to cede control even in school districts that have become heavily minority, and districts are reluctant to relinquish federal funds that accompany desegregation decrees. Hence decrees remain in place many decades after the civil-rights abuses that gave rise to them.

Curiously, the Justice Department did not file its motion in any of the ongoing Louisiana desegregation cases. Instead, it seeks an injunction in Brumfield v. Dodd , a case filed nearly 40 years ago challenging a program that provided state funding for textbooks and transportation for private “segregation academies,” to which white students were fleeing to avoid integration. Since 1975, private schools have had to demonstrate that they do not discriminate in order to participate in that program.

The Louisiana Student Scholarships for Educational Excellence Program restricts participation to private schools that meet the Brumfield nondiscrimination requirements. The program further requires private schools to admit students on a random basis. Thus the program clearly complies with Brumfield. And the Brumfieldcourt has no jurisdiction over the desegregation decrees to which the Justice Department seeks to subject the voucher program.

Nor can any court properly force the state to seek advance approval from the Justice Department for a clearly nondiscriminatory program that advances the education of black children. As the Supreme Court ruled earlier this year in Shelby County, Alabama v. Holder, when it struck down the “pre-clearance” formula of the 1965 Voting Rights Act regarding federal approval for electoral changes, states cannot be forced to submit their decisions to federal oversight “based on 40-year-old facts having no logical relationship to the present day.”

The Justice Department’s motion has tremendous human implications, personified by Mary Edler, whose grandsons are using vouchers to attend kindergarten and second grade in a Louisiana private school. All of the public schools in their district are graded C, D or F. Thanks to the scholarship program, Mrs. Edler says, “My grandsons are flourishing at Ascension of Our Lord in all aspects. They have small classes and an outstanding principal and staff.” She calls the tuition vouchers a “true blessing”—one that will be lost if the Justice Department prevails.

In its zeal, the Justice Department has transformed a bipartisan education reform program into a partisan opportunity. On Sept. 17, House Speaker John Boehner and other Republican leaders wrote an open letter to Attorney General Holder, calling Justice’s motion “extremely troubling and paradoxical in nature,” given that it hurts the “very children you profess to be protecting.”

On Sept. 18, Louisiana Gov. Bobby Jindal was joined by former Florida Gov. Jeb Bush and South Carolina Sen. Tim Scott at the National Press Club in Washington, D.C., to denounce the Justice Department’s action. Mr. Jindal challenged administration officials “to come to Louisiana to meet face to face with these moms and dads and their kids and explain to them why [they] don’t think that these children deserve a great education.”

It won’t happen. Because for this Justice Department, desegregation long ago ceased to be about children or educational opportunities. It is about numbers and racial balance. If Justice succeeds in destroying Louisiana’s voucher program, the dreams and opportunities of countless children will perish with it.

Mr. Bolick is vice president for litigation at the Goldwater Institute and represents families and the Louisiana chapter of the Black Alliance for Educational Options defending the state’s voucher program.

A version of this article appeared September 24, 2013, on page A19 in the U.S. edition of The Wall Street Journal, with the headline: Justice Department vs. Louisiana Voucher Kids.

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GOP leader demands that Holder withdraw school voucher lawsuit

September 24, 2013

By Russell Berman – 09/23/13 10:00 AM 

Majority Leader Eric Cantor (R-Va.) demanded Monday that Attorney General Eric Holder withdraw a federal lawsuit against the state of Louisiana over school vouchers and vowed the House would act if Holder refuses.

The Justice Department is suing to restrict the Louisiana Scholarship Program, which provides vouchers for low-income parents to send their children to private schools. The Justice Department says the program is impeding civil rights-era orders to desegregate the schools.

Cantor assailed the move Monday during an education speech in Philadelphia, calling the lawsuit “absurd” and hailing the Louisiana voucher program as “a civil rights solution,” not a “violation.”

“If the attorney general does not withdraw this suit, then the United States House will act,” Cantor said in prepared remarks. “We will leave no stone unturned in holding him accountable for this decision. The attorney general will have to explain to the American people why he believes poor minority children in Louisiana should be held back, and why these children shouldn’t have the same opportunity that the children from wealthier and more connected families.”

A battle over the lawsuit would be the latest confrontation between the Republican House majority and Holder, who has served as attorney general for President Obama’s entire tenure in the White House. In 2012, the House voted to find Holder in contempt over his refusal to turn over certain documents related to the Fast and Furious gunrunning sting.

The Louisiana voucher program has been championed by the state’s Republican governor, Bobby Jindal. In the House, Cantor has sought to elevate education reform as part of his “Making Life Work” agenda to expand the GOP’s national appeal.

While many Democrats back expanding access to public charter schools, they, along with teachers unions, have long opposed private school vouchers as undermining support for public education. In his speech Monday, Cantor linked charter schools and voucher programs as serving the same goal of boosting education for low-income children.

“Just like the charter school program in this state and in this city, scholarship programs like the one in Louisiana are aimed at furthering equality for all kids — rich or poor, black or white,” he said. “The civil rights laws of this country were enacted to ensure equal access to education and opportunity, exactly what the Louisiana Scholarship Program is doing. The program is the very opposite of a civil rights violation. It is a civil rights solution.”

“The scholarship program in Louisiana challenges the status quo and provides hope to kids and their parents, but the government in Washington is trying to stand in the way,” Cantor said.

He added later in the speech, “Let me be clear: School choice is not an attack or an indictment on teachers or public schools.”

Speaking from a charter school, Cantor linked the school choice movement to the late Rev. Martin Luther King Jr. and the desegregation movement of the 1950s and ’60s. He touted the conservative Student Success Act that the House passed in July, along with an amendment he sponsored to allow parents to take federal money to send their children to public charter schools.

“The next time Congress considers a major education reauthorization, I believe we will adopt full school choice,” Cantor said.

Read more: http://thehill.com/homenews/house/323883-gop-leader-demands-that-holder-withdraw-school-voucher-lawsuit#ixzz2fk78ncCs
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Duncan Votes Present

September 9, 2013

The Wall Street Journal

September 6, 2013, 6:56 p.m. ET

The Education Secretary pleads ignorance about an anti-voucher lawsuit.

Asked in a radio interview this week about the Justice Department’s recent lawsuit to block Louisiana’s school voucher program, Education Secretary Arne Duncan pleaded ignorance. “I’m not familiar with that lawsuit,” said the man whose department scrutinizes state education reforms in great detail as part of the Race to the Top competition. “That’s between the Department of Justice and the state of Louisiana.”

C’mon, Arne. You can do better than that. As President Obama’s cabinet secretaries go, Mr. Duncan has been one of the better ones. At least he has been willing to challenge a couple of the shibboleths of the union status quo. But if he really did first hear about the Louisiana lawsuit from a reporter, then maybe it’s time he returned to Chicago. He’s clearly not interested in his job anymore.

To recap for Mr. Duncan and his staff: Two weeks ago the Justice Department asked a federal court to enjoin 34 school districts in Louisiana from issuing vouchers under the statewide reform that passed in 2012. Only students from families with incomes below 250% of the poverty line and who attend schools graded C or lower are eligible. Ninety percent of recipients are black.

According to the lawsuit, vouchers “appeared to impede the desegregation process” by “increasing the racial identifiability” of certain schools. Incredibly, the suit objected that in some cases the departing black kids left their former schools with a student body with more white students. Meanwhile, studies from Milwaukee, Cleveland and Washington, D.C. have found that voucher recipients increase integration by letting minority children escape geographic school boundaries.

Governor Bobby Jindal this week asked the court for more time to respond to Justice’s suit because much of the data the state needs to make its case isn’t yet available. He also got to the heart of the matter by noting that the real motive for this lawsuit is union politics. The teachers unions have been trying to block the voucher plan by any means possible, but so far they’ve failed. Bringing in the feds for a desegregation gambit is merely the latest attempt.

The Advocate daily newspaper in Baton Rouge reports that former Justice Department Civil Rights chief Thomas Perez, who is now Labor Secretary, was nosing around the state earlier this year. On Thursday we reported that Mr. Perez had threatened California with a loss of federal cash if it didn’t exempt Teamster and Amalgamated Transit Union transit workers from pension reforms. If Mr. Perez is now also running education policy, it really is time for Mr. Duncan to leave.

A version of this article appeared September 7, 2013, on page A14 in the U.S. edition of The Wall Street Journal, with the headline: Duncan Votes Present.

Justice Department bids to trap poor, black children in ineffective schools

September 8, 2013

Washington Post

By Editorial Board, , Published: September 1

NINE OF 10 Louisiana children who receive vouchers to attend private schools are black. All are poor and, if not for the state assistance, would be consigned to low-performing or failing schools with little chance of learning the skills they will need to succeed as adults. So it’s bewildering, if not downright perverse, for the Obama administration to use the banner of civil rights to bring a misguided suit that would block these disadvantaged students from getting the better educational opportunities they are due.

The Justice Department has petitioned a U.S. District Court to bar Louisiana from awarding vouchers for the 2014-15 school year to students in public school systems that are under federal desegregation orders, unless the vouchers are first approved by a federal judge. The government argues that allowing students to leave their public schools for vouchered private schools threatens to disrupt the desegregation of school systems. A hearing is tentatively set for Sept. 19.

There’s no denying the state’s racist history of school segregation or its ugly efforts in the late 1960s and early 1970s to undermine desegregation orders by helping white children to evade racially integrated schools. These efforts included funneling public money to all-white private schools. But the situation today bears no resemblance to those terrible days. Since most of the students using vouchers are black, it is, as State Education Superintendent John White pointed out to the New Orleans Times-Picayune, “a little ridiculous” to argue that the departure of mostly black students to voucher schools would make their home school systems less white. Every private school participating in the voucher program must comply with the color-blind policies of the federal desegregation court orders.

The government’s argument that “the loss of students through the voucher program reversed much of the progress made toward integration” becomes even more absurd upon examination of the cases it cited in its petition. Consider the analysis from University of Arkansas professor of education reform Jay P. Greene of a school that lost five white students through vouchers and saw a shift in racial composition from 29.6 percent white to 28.9 percent white. Another school that lost six black students and saw a change in racial composition from 30.1 percent black to 29.2 percent black. “Though the students . . . almost certainly would not have noticed a difference, the racial bean counters at the DOJ see worsening segregation,” Mr. Greene wrote on his blog.

The number that should matter to federal officials is this: Roughly 86 percent of students in the voucher program came from schools that were rated D or F. Mr. White called ironic using rules to fight racism to keep students in failing schools; we think it appalling.

Unfortunately, though, it is not a surprise from an administration that, despite its generally progressive views on school reform, has proven to be hostile — as witnessed by its petty machinations against D.C.’s voucher program — to the school choice afforded by private-school vouchers. Mr. White told us that from Day One, the five-year-old voucher program has been subject to unrelenting scrutiny and questions from federal officials. Louisiana parents are clamoring for the choice afforded by this program; the state is insisting on accountability; poor students are benefiting. The federal government should get out of the way.