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Florida Failing Its Schoolchildren, High Dropout Rates Violate State ConstitutionLast week, the ACLU filed a class-action lawsuit against Florida state officials for violating the state constitution, which guarantees a free "uniform, efficient, safe, secure and high quality" public education to its citizens. In Florida's Palm Beach County, between one-third and one-half of students do not graduate from high school, depending on the method of calculation used (the most generous, not surprisingly, is Florida's self-reported method). In addition to low graduation rates, a significant disparity exists between the graduation rates of African-American and Hispanic students and those of white students in Palm Beach County. The stark difference across racial lines is evidence enough of a constitutional violation, but the ACLU lawsuit aims to improve the graduation rates for all students enrolled in Palm Beach County. Our case, Aho v. State of Florida, is novel because the only remedy we seek is a meaningful improvement in Palm Beach County's graduation rates without pushing students out of the system. The State of Florida and district officials can decide how to best achieve those results. It is no secret that a quality education exponentially increases one's chances of success in life. Wayward parents are often blamed for a failing education system, but this lawsuit demonstrates that even parents following every imaginable step to access a quality education are let down by Palm Beach County schools. Beyond that, the school system has a constitutional obligation to educate all students, even those who are not from privileged backgrounds. The district's graduation rates, which fall well below state and national averages, also cannot be explained by low socioeconomic status, as students in similar and/or worse socioeconomic conditions do far better in other districts. We understand that Palm Beach County has a difficult job to do. But kids in Florida deserve an environment that promotes opportunity and success and fulfills the constitutional right promised to them, regardless of their race, age, disability, district, and no matter how easy or convenient it is to provide. After all, what good is a constitutional right when it's left unenforced?
America is Not Yet a Post-Racial Society(Originally posted on The Hill's Congress Blog.) The election of President Barack Obama is heralded by many as a triumphant leap into a new post-racial America, in which the scars of centuries-old racial wounds have healed and equal opportunity flourishes. But the truth is, we still have a long way to go. It’s 2009 and race still matters. Race affects the type of education you receive, the type of neighborhood in which you live, the likelihood that you or someone you know will be incarcerated, and even the extent to which your community is being affected by the current economic crisis. As ACLU Senior Staff Attorney Reginald Shuford notes in his law review article, “Why Affirmative Action Remains Essential in the Age of Obama” (PDF), black men without criminal records are no more likely than white men with criminal records to get a job. Another study illustrates that job applicants with “black-sounding” names are less likely to get a favorable response to their resumes than those with “white-sounding” names. Some people, however, would like us to believe that racial discrimination no longer exists. California millionaire Ward Connerly and his crony Timothy Asher have been on the forefront of trying to ban equal opportunity across the country. In 2008, Connerly targeted Arizona, Colorado, Missouri, Nebraska, and Oklahoma for anti-affirmative action ballot initiatives, losing everywhere but Nebraska. Having a reputation for using fraudulent tactics, the dynamically deceptive duo is at it again in Missouri. After previously failing twice in the state, Asher last month began a third drive to qualify an anti-affirmative action initiative for the ballot, prompting the ACLU’s Racial Justice Program to file a lawsuit challenging its legitimacy. Contrary to what these anti-equal opportunity proponents purport, affirmative action programs do not give a “free pass” to unqualified candidates and they do not amount to “reverse” discrimination against white people. Equal opportunity programs give employers and universities a right to take candidates’ backgrounds into consideration. These programs recognize and strive to correct the barriers that continue to block the paths of many Americans, including women, Native Americans, Arab Americans, Latinos, Asian Americans, and African Americans. Equal opportunity programs aim to provide equal access to the American dream, which is something that all Americans should champion, regardless of their race or ethnicity. We can cling to the hope that one day equal opportunity programs will not be necessary, but we must admit, that day is not today.
Equal Opportunity Triumphs Again in MissouriGood news, civil rights advocates: Late Friday, a Missouri circuit court judge struck down a proposed ballot initiative aimed at amending the state constitution to outlaw equal opportunity programs in the state. This ACLU victory is something to celebrate amidst the Supreme Court's recent disappointing decision in Ricci v. DeStefano. The proposed initiative, spearheaded by Timothy Asher of the so-called Missouri Civil Rights Initiative (MoCRI), represents a second failed attempt to eliminate valuable programs that open doors for people of color and women in Missouri. In 2008, and again this year, the MoCRI has attempted to mislead voters by giving them the impression that they would be voting to uphold equal opportunity programs when they would in fact be voting to destroy them. Both times, the ACLU went to court to ensure that, should the initiative appear on the ballot, voters would know the truth about what they were voting on. Sadly, Asher and his allies — including Ward Connerly of the American "Civil Rights" Institute — relentlessly refuse to be transparent and insist on co-opting civil rights terminology. In 2008, Connerly et al. targeted Arizona, Colorado, Missouri, Nebraska, and Oklahoma for anti-affirmative action ballot initiatives, deceptively calling their campaign a "Super Tuesday for Civil Rights." Fortunately, state after state has rejected Connerly's underhanded assault on affirmative action. Out of the five states he targeted in 2008, Connerly lost in four (all but Nebraska). In Missouri, after being exposed through litigation and on-the-ground mobilization, Asher withdrew his own petition, stating that it did not likely have enough valid signatures to make it on the ballot. In Oklahoma, the Secretary of State identified the petition submitted by the Oklahoma Civil Rights Initiative as having an unprecedented number of serious irregularities, including numerous duplicate names and addresses and instances of petitioners signing their own signature sheets multiple times. In spite of their repeated losses and public knowledge of their dishonest practices, Asher and Connerly have continued their attempts to strip away equal opportunity programs benefitting all Americans. Indeed, the fight in Missouri is far from over: on June 29, Asher filed yet another petition for the 2010 ballot. The ACLU will not allow Asher to deceive the people of Missouri or the people of any other state. Expanding opportunity is a full-time job, but its importance cannot be overstated. To learn more about the ACLU's affirmative action efforts, visit: www.aclu.org/racialjustice/aa/index.html. |
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