Friday, May 20, 2011

Arkansas can end desegregation funding

Federal Judge Brian Miller handed down a huge ruling yesterday. He said the three Pulaski County, Arkansas, school district are sufficiently unified that state desegregation funding, which amounts to $70 million a year, can be ended. The reaction as far as I can tell from press reports is consternation on the part of all parties. Nobody knows what this will actually mean, because the funds were used for all kinds of things besides reducing segregation, which in fact ended years and years ago.

See the ADG's article here, thought the printed paper has more detail. See Miller's ruling here (PDF file).

Judge Miller, who described himself as a middle-aged black man, ruled that the state funding actually provided the school districts with an incentive for not fully complying with the desegregation order. If they did, their extra funding would be cut off. Exactly so. Obviously this was the opposite of what was intended. Typical, right?

Quoting Judge Miller:
The problem with this process is that it results in an absurd outcome in which the districts are rewarded with extra money from the state if they fail to comply with their desegregation plans and they face having their funds cut by the state if they act in good faith and comply.
It seems that the State of Arkansas is using a carrot and stick approach with these districts but that the districts are wise mules that have learned how to eat the carrot and sit down on the job.
Max Brantley sums up comments here

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