African-American teacher challenges teacher assignment policy as discriminatory
An African-American Louisville, Kentucky teacher in the Jefferson County Public Schools (JCPS) has sued the school district in federal court, challenging the teacher assignment policy as discriminatory. Lorraine D. Hill alleges she was denied interviews and a transfer to elementary schools that were closer to her home because they already had too many black teachers. She is contesting the district's use of a longstanding ratio requiring that the percentage of black teachers within a school remain within five percentage points of the overall average for elementary, middle or high schools. In Jefferson County, that means holding most schools' percentage of black teachers between 6.8 and 21.9 percent, depending on the grade level. Nearly 15 percent of Jefferson County Public Schools' 6,168 teachers are black. Roughly 35% of the students are black. The district's practice of distributing black teachers in this manner dates to the 1970s, when it was part of court-ordered desegregation. District officials continued the policy after being declared unitary as a crucial way to spread the benefits of diverse faculties and black teachers as role models. Attorney Teddy Gordon, who represents Ms. Hill and helped overturn the district's student assignment policy, believes the system should be dismantled. Referring to the five to four ruling in June that rejected the district's integration policy, he says, "The recent (U.S.) Supreme Court decision has given people the courage to fight discrimination." He adds that he is "dumbfounded, as well as horrified," that the school system "continues to impose outdated policies that discriminate, especially against African Americans."
The ratio is included in the Jefferson County Teachers Association contract. Union president Brent McKim supports it because he believes it helps improve teaching and learning. He points out that complaints from teachers are rare, and usually stem from those who are denied a transfer or are forced to change schools.
"I think I may have gotten one call or e-mail out of 5,500 members related to that [this year], he says. According to Gary Orfield, co-director of The Civil Rights Project at UCLA, points out that it is unclear how the U.S. Supreme Court's recent decision striking down race in individual student-assignment decisions might affect policies that distribute minority teachers. "On one hand, assignment by race is suspect under that order," he says. "On the other hand, those cases were about student assignment, not employment. Teachers don't have any inherent right to any particular assignment." Bill Eckels, the personnel director for Jefferson County Public Schools, argues that without the practice there would be no black teachers in at least some schools and no white teachers in some others within five years.
Some educators fear that could exacerbate student re-segregation. "Everyone understands the value of making sure the faculties in our school are diverse," he says. "It's just as important for white kids to see black role models in key positions as it is for African Americans to see teachers of color." A 2004 study by the National Collaborative on Diversity in the Teaching Force found that, while 17% of students nationwide are black, only 6% percent of teachers are. It's nearly the same for Hispanics. The study also reported that 38% of schools have no black teachers.
Louisville Courier-Journal By Chris Kenning
[Editor’s Note: Information on the U.S. Supreme Court decision and its aftermath is available starting at the first link below. The study referred to, Assessment of Diversity in America’s Teaching Force, is available at the second link.]
NSBA School Law pages on Wake County’s relaxing of its student diversity plan
Assessment of Diversity in America’s Teaching Force