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The Disparate Impact of Holder’s War on Private Schools

As we approach the 50th anniversary of the March on Washington, the civil-rights milestone will continue to loom large in the ideological media. The right will talk about how much progress we’ve made, the left will talk about how far we have to go, and the president himself will give a speech marking the occasion this week in which he’ll talk both about the progress and the ground that must still be covered. His speech will be all the more powerful for the obvious symbolism, though the speech text will likely be thoughtful and somewhat moving in addition.

It is also a speech to which the president’s attorney general, Eric Holder, should listen carefully. His latest crusade is to sue the state of Louisiana for giving black students in failing public schools vouchers to attend better schools on the grounds that the voucher program is resegregating Louisiana’s public schools. That is not an exaggeration, and I have to admit to being somewhat hesitant to even write about this for fear that Holder is kidding–because, well, he has got to be kidding.

Here, for example, is the Holder DOJ’s logic, as expressed in a petition to get the district court to enjoin the state from awarding additional scholarships to students from school districts still under federal desegregation orders:

For example, in 2011-2012, Celilia Primary School in St. Martin Parish School District enrolled a student body that was 30.1 percent black, 16.4 [sic] percentage points lower than the black composition (64.5 percent) of St. Martin Parish School District as a whole. In 2012-2013 Celilia lost six black students as a result of the voucher program, thereby increasing the difference between the school’s black student percentage from the district’s and reinforcing the school’s racial identity as a white school in a predominantly black school district.

Got that? The school had a “racial identity” as a white school, and the state of Louisiana awarded scholarships to a group of black students to get them out of the white failing school and into a better private school. According to Eric Holder’s Justice Department, the Louisiana voucher program gave private school vouchers to too many black students. What this means in practice is that Holder would not challenge them on segregation grounds if, merely because of their race, the state allotted fewer vouchers to black students in favor of giving the scholarships to white students.

But the DOJ wasn’t done. The Justice Department wants to appear to be an equal-opportunity offender, crushing the hopes and educational futures of children of all races. So the DOJ found a school that the United States federal government says has too many black students and criticized the voucher program for selecting white students:

Similarly, the Independence Elementary School in Tangipahoa Parish School District enrolled a student body that was 61.5 percent black, which was only 14 percentage points greater than that of Tangipahoa Parish School District (47.5 percent black), but it lost five white students as a result of the voucher program and, thus, increased its black student percentage away from the district-wide black student percentage, again reinforcing the racial identity of the school as a black school.

But of course Holder isn’t an equal-opportunity offender: black students are absorbing the brunt of the Justice Department’s crusade against education. As the state explained:

While the federal petition would let courts approve vouchers in those school systems next year, Brian Blackwell, attorney for the Louisiana Association of Educators, said it likely would take a lot of time, effort and evidence to persuade the judges.

State Education Superintendent John White took issue with the suit’s primary argument and its characterization of the program. Almost all the students using vouchers are black, he said. Given that framework, “it’s a little ridiculous” to argue that students’ departure to voucher schools makes their home school systems less white, he said. He also thought it ironic that rules set up to combat racism were being called on to keep black students in failing schools.

Almost all the students using vouchers are black, according to the superintendent. This is a program largely designed to find ways to get black students stuck in failing schools an education. The government’s public-school monopoly, designed to enrich union bosses, is failing. The Louisiana government, under the leadership of Governor Bobby Jindal, isn’t willing to give up on those students, and is throwing them a rope. The United States Department of Justice, under the leadership of Eric Holder, will do anything to cut that rope.

The left likes to talk a lot about disparate impact. In ruling against the NYPD’s stop and frisk program, Judge Shira Scheindlin even found a new term for it–“indirect racial profiling.” So imagine what Democrats would make of a policy that disproportionately harmed black students trying to get a decent education if the partisan roles were reversed. In some ways, then, it’s appropriate that this incident coincides with the anniversary of a key moment in the fight for civil rights for black Americans. No one watching the behavior of this Justice Department, after all, could claim there are no longer government-sanctioned obstacles in their way.


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