In May of 1954, Chief Justice Earl Warren of the United States Supreme Court issued a unanimous opinion that set into motion what is arguably the most important public policy issue facing America. The Supreme Court declared, without equivocation, that separate educational facilities “are inherently unequal" and, as such, violate the 14th Amendment to the United States Constitution, which guarantees all citizens "equal protection of the laws." The doctrine of “Separate, but Equal” - as a way of defining how we establish our school systems - died in America on that day…May 17, 1954. Yet, even today, 50 years later, this country struggles to educate her children on equal terms.

In the Majority Opinion, Chief Justice Warren said of our educational system—And I quote. “Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education…”

“Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” The doctrine of “separate but equal” died on that day, but America has yet to figure out how to snuff out separation and inequality. Who pays the price for this failure to institute good public policy in our schools? We all pay.

Even the ancient Greeks understood the value of good schools and solid teachers. It was Aristotle who said: “Education is the best provision for the journey to old age.” There is no disputing the fact that the vision of those nine Justices never actually materialized in many parts of America. The Court declared in Brown v. Board of Education of Topeka, Kansas that racial segregation in public schools unconstitutionally deprives students of equal educational opportunities.

Consider all of the legal wrangling, the violent encounters of the 60’s, early 70’s and in some cities and towns, even the early 80’s and 90’s. Consider the uprisings in communities all around the country --- not just in the South---Brown was really about Equal Opportunities --- equal opportunities for justice, for fairness, and for education. When I was growing up in the segregated rural South, we did not have the protection of the Supreme Court, but we did have a community that acted as a village. Now, remarkably we are approaching May 17, 2004…a date that will mark the 50th anniversary of the Court's decision to desegregate America's public schools.

I am proud to say that The Congressional Black Caucus Foundation is keenly aware of the magnitude of this landmark decision, and has joined the NAACP National Brown Commission and more than fifty other major national organizations to mark this anniversary. On behalf of the NAACP National 50th Anniversary Brown Commission, we are hosting — through our Web site --- a national Brown Essay Contest for students at Historically Black Colleges and Universities. We are encouraging young people who were not even born when Brown was rendered, to reflect on its impact on their system of education today. For, it is through their reflection on the educational system we have created for them, that we learn whether we have succeeded or failed.

The decision read, “To separate children -- who are in grade school and high school-- from others of similar age and qualifications solely because of their race,” the Court said – “generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to ever be undone.” There is a whole body of evidence to support this assertion. In many ways, that evidence is incontrovertible. The Justices went even further by stating that, “Separate educational facilities are inherently unequal.”

Rather than desegregate, “With all deliberate speed,” as ordered by the U. S. Supreme Court, some state governments defied the order. These were the early tests – not only of the Court’s backbone – but also of the strength of our nation. The images are trapped on film and seared into the minds of those of us who were there. In Plessy v. Ferguson, the 1896 case that upheld segregated seating on railroad cars in Louisana on the grounds that, “…separate but equal…” seating did not violate the Black passengers’ right to equal protection under the 14th Amendment to the Constitution.

Because of that decision, Jim Crow laws that mandated separate accommodations in much of the South, became deeply entrenched in the everyday lives of African American adults and children. Under Jim Crow, everything was separate, but nothing was equal. Black children were placed in substandard school buildings, they were given second-hand books that were worn and often outdated, and if they had transportation at all, they were bussed many miles to those substandard buildings.

And so, Ladies and Gentlemen, fifty years after the Supreme Court found that segregated schools are “inherently unequal,” there is growing evidence that the Court was correct. Desegregated schools offer tangible advantages for students of every racial group. Students are learning to appreciate diversity in the schoolroom, and prepare themselves for diversity in the workplace. It’s not always easy, but it is necessary if America is to survive.

Despite Brown, and all of its ramifications, just consider these two facts about our system of education, based on data from the 2001 – 2002 school year: Whites are the most segregated -- on average, they attend schools that are 80% white. And… Just 14% of whites attend multi-racial schools. So, with the deck stacked against them, did the Brown ruling actually help these children or harm them? When I was a student, there was no such thing as Special Education, or AP English (Advanced Placement). We had instructors who understood what we were going through as members of the minority community. They would not allow us to fail. And, for the most part, we didn’t! There was no such thing in elementary as the Snoopy Group, or the Yogi Bear Group, or the Bugs Bunny Group.

These were supposed to be clever ways to separate the children who -- someone decided, were not learning as fast as they should – from the children who were fast learners.

So what happened? African American children in integrated schools were disproportionately placed in remedial courses. Children who do not have parents with the where with all to fight for them, suffer the most. Far more minorities take remedial courses than their white counterparts. In 1994, 31% of black, 24% of Hispanic, and 35% of American Indian high school graduates took remedial courses, compared to 15% of whites and Asians.

The Majority Opinion in Brown was very clear. “Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society.” Where do we go from here? It is our hope that Educators, parents, concerned community leaders, and everyone who has an interest in public education will use this year of commemoration to support and rebuild public education in America.
The occasion of the Brown 50th anniversary celebration is already serving as a catalyst for critical thinking and aggressive action. Some highly-respected leaders and experts in the field of education are re-examining what we did right and what we did wrong, with an eye towards change. And finally Ladies and gentlemen, for all of the angst it caused in America, Brown had a very simple basis.

The late Supreme Court Justice, Thurgood Marshall summed up the Brown decision in words that are so simple they are profound. He said, "A child born to a black mother in a state like Mississippi...has exactly the same rights as a white baby born to the wealthiest person in the United States. It's not true, but I challenge anyone to say it is not a goal worth working for." Ladies and Gentlemen…I challenge you to work towards this goal. Support public education. If you are parents, get involved in your children’s schools. Insist on quality teaching and an environment that is conducive to learning.

Join forces with others to assure that public schools in all areas are adequately funded. And, never fall for the notion that public education can never be improved. It can. It must, or we will pay the price in years to come by having people who will not be able to contribute to American society in a meaningful way. Now is the time to proceed “with all deliberate speed” to make real the promise of Brown. Thank you!

 

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The CBCF serves as a nonpartisan, policy-oriented catalyst to educate future leaders and promote collaboration among community and business leaders, minority-focused organizational leaders, and organized labor to effect positive and substantive change in the African American community.