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5
. Holly Coryell, “Schools Won't Fight Ruling in Race Case,”
Louisville Courier-Journal
, June 27, 2000.

Chapter 23

1
. Details about Crystal Meredith from court transcripts and interviews with Teddy Gordon and an anonymous source. See also Jan Crawford-Greenburg and Howard Rosenberg, “Two Women Come Together to Oppose Busing: Plaintiff Crystal Meredith and Civil Rights Activist Mattie Jones Say Program Failed Their Children,”
Nightline
, ABC News, June 28, 2007.

2
. McFarland v. Jefferson County, Civil Docket for Case,
http://www.clearinghouse.net/
.

3
. Details about the McFarlands from court transcripts and author interview with David McFarland, August 20, 2009.

4
. McFarland v. Jefferson County, Civil Docket.

5
. Details about the McFarland trial from
McFarland v. Jefferson County
transcripts, December 8, 9, 10, 11, and 12, 2003.

6
. Jennifer Gratz v. Lee Bollinger, 539 U.S. 244 (2003).

7
. Barbara Grutter v. Lee Bollinger, 539 U.S. 306 (2003).

8
. Orfield and Eaton,
Dismantling Desegregation;
Charles T. Clotfelter,
After
Brown:
The Rise and Retreat of School Desegregation
(Princeton, NJ: Princeton University Press, 2004).

9
. Richard Fry,
The Changing Racial and Ethnic Composition of U.S. Public Schools
(Washington, DC: Pew Hispanic Center, August 30, 2007),
http://www.pewhispanic.org/
.

10
. Marjorie Coeyman, “Charter Schools Build on a Decade of Experimentation,”
Christian Science Monitor
, January 7, 2003.

11
. Howard S. Bloom, Saskia Levy Thompson, and Rebecca Unterman,
Transforming the High School Experience: How New York City's New Small Schools Are Boosting Student Achievement and Graduation Rates
(New York: MDRC and the Bill & Melinda Gates Foundation, June 2010),
http://eric.ed.gov/
.

12
. Paul E. Peterson and Martin R. West, eds.,
No Child Left Behind? The Politics and Practice of School Accountability
(Washington, DC: Brookings Institution, 2003).

13
. Kentucky and national achievement gap data are based on 2005 National Assessment of Education Progress scores, which were compiled by the Education Trust,
www.edtrust.org
.

14
. Chris Kenning, “Jefferson County School Board: Three Incumbents Retain Seats,”
Louisville
Courier-Journal
, November 3, 2004; Chris Kenning, “School Race-Policy Foe Runs for Board,”
Louisville Courier-Journal
, August 11, 2004.

Chapter 24

1
. Chris Kenning, “School Desegregation Plan on Trial,”
Louisville Courier-Journal
, December 8, 2003.

2
. Chris Kenning, “Three Magnet Schools See Declining Diversity,”
Louisville Courier-Journal
, November 5, 2006.

3
. Chris Kenning, “Central High Principal Dismissed,”
Louisville Courier-Journal
, November 13, 2002.

4
. Chris Kenning, “Supporters Rally for Ousted Central High Principal,”
Louisville Courier-Journal
, November 19, 2002.

5
. From transcripts, Hampton v. Jefferson County, 72 F. Supp. 2d 753 (1999), US District Court-Western District of Kentucky.

6
. Ibid.

7
. Details about Harold Fenderson's life from author interview with Fenderson, January 14, 2010.

8
. Kenning, “Supporters Rally.”

9
. Chris Kenning, “Fenderson Appeals His Dismissal,”
Louisville Courier-Journal
, November 16, 2002.

10
. Teddy B. Gordon, “Petition for Writ of Certiorari, Petitioner Crystal D. Meredith,” US Court of Appeals, Sixth Circuit, July 21, 2005, in Teddy Gordon, “Federal Appellate Practice, a/k/a Ted Gordon's Incredible Adventure,” unpublished manuscript provided by Gordon to the author.

11
. Andrew Wolfson and Chris Kenning, “Court to Hear Unlikely Advocate: Lawyer Challenges Jefferson Desegregation Policy,”
Louisville Courier-Journal
, December 4, 2006.

12
. Toobin,
The Nine
, 2–9, 293–95, 323–74.

13
. Douglas Judge, “Housing, Race and Schooling in Seattle: Context for the Supreme Court Decision,”
Journal of Educational Controversy
(Western Washington University) 2, no. 1 (Winter 2007),
http://www.wce.wwu.edu/
.

14
. Parents Involved in Community Schools,
www.piics.org
.

15
. Davis Wright Tremaine LLP,
www.dwt.com
.

16
. Linda Shaw, “Integration No Longer a Top Priority for District,”
Seattle Times
, June 3, 2008.

17
. Brief of 553 Social Scientists as
Amici Curiae
in Support of Respondents, Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007), and Meredith v. Jefferson County.

18
. Eric A. Hanushek, John F. Kain, and Steven G. Rivkin, “How Much Does School Integration Affect Student Achievement?” paper presented at the Annual Meeting of the American Economic Association, New Orleans, January 2001.

19
. Robert Rodosky, unpublished survey cited in transcripts, Hampton v. Jefferson County, 72 F. Supp. 2d 753 (1999), US District Court-Western District of Kentucky.

20
. Brief Amicus Curiae of Pacific Legal Foundation, American Civil Rights Institute, and Center for Equal Opportunity in Support of the Petitioner, Meredith v. Jefferson County.

21
. Robert Barnes, “Court Hears Cases on Schools and Race,”
Washington Post
, December 5, 2006.

22
. Notes included in in Teddy Gordon, “Federal Appellate Practice, a/k/a Ted Gordon's Incredible Adventure,” unpublished manuscript provided by Gordon to the author.

23
. Details of oral arguments from
Meredith
.

24
. Parents Involved in Community Schools v. Seattle, transcript of oral arguments, December 4, 2006.

Chapter 25

1
. Nancy C. Rodriguez, “Court Rejects Louisville Student Assignment Plan,”
Louisville Courier-Journal
, June 29, 2007.

2
. Meredith v. Jefferson County, Opinion, June 28, 2007.

3
. “High Court Rejects School Integration Plans,”
Seattle Times
, June 28, 2007.

4
. Chris Kenning, “Woman Kept ‘My Promise' to Son,”
Louisville Courier-Journal
, June 29, 2007.

5
. Chris Kenning, “Three Magnet Schools See Declining Diversity,”
Louisville Courier-Journal
, November 5, 2006.

6
. Harris Cooper et al., “The Effects of Summer Vacation on Achievement Test Scores: A Narrative and Meta-analytic Review,”
Review of Educational Research
66, no. 3 (1996); National Summer Learning Association,
http://www.summerlearning.org/
.

7
. Central High School Report Card, 2009–10, 2008–9, 2007–8, 2006–7, Commonwealth of Kentucky,
http://applications.education.ky.gov/
.

8
. Barack Obama, “Obama: Supreme Court Ruling an Obstacle to Opportunity,” State News Service, Washington, DC, July 2, 2007; also see Russell Berman, “Democratic Candidates Criticize Roberts Court on Race Decision,”
New York Sun
, June 29, 2007.

9
. Emily Bazelon, “The Next Kind of Integration,”
New York Times Magazine
, July 20, 2008; Andrew Wolfson and Deborah Yetter, “New Suit Challenges Jefferson Student Assignment Plan,”
Louisville Courier-Journal
, July 2, 2009; Chris Kenning, “Elementary School Assignments Leave Some Unhappy,”
Louisville Courier-Journal
, August 9, 2009.

10
. Bazelon, “Next Kind of Integration”; Jordan Schrader, “Districts Try to Spread out Poor Students: Income, Not Race Becoming Basis for Busing,”
USA Today
, November 2, 2009; Richard D. Kahlenberg,
Economic School Integration: An Update
(New York: Century Foundation, September 16, 2002),
http://www.eric.ed.gov/
.

11
. Lloyd Grieger and Jessica Wyse,
The Growing Racial Divide in U.S. Children's Long-Term Poverty at the End of the Twentieth Century
(Ann Arbor, MI: Population Studies Center, University of Michigan, November 2008),
http://www.psc.isr.umich.edu/
.

12
. Rakesh Kochhar, Richard Fry, and Paul Taylor,
Wealth Gaps Rise to Record Highs Between Whites, Blacks, Hispanics: Twenty-to-One
(Washington, DC: Pew Research Center, July 26, 2011),
http://pewresearch.org/
.

13
. Michael J. Puma et al.,
Prospects: The Congressionally Mandated Study of Educational Growth and Opportunity, The Interim Report
(Washington, DC: US Government Printing Office, July 1993); but also see: Sharon Lewis, Candace Simon, Renata Uzzell, Amanda Horwitz, and Michael Casserly,
A Call for Change: The Social and Educational Factors Contributing to the Outcomes of Black Males in Urban Schools
(Washington, DC: Council of the Great City Schools, October 2010),
http://cgcs.schoolwires.net/
.

14
. Wolfson, “New Suit”; Chris Kenning, “Second Parent Asks to Join Student Assignment Suit,”
Louisville Courier-Journal
, July 23, 2009.

15
. See, for example, Wake County's retreat from an income-based plan: Stephanie McCrummen, “Republican School Board in N.C. Backed by Tea Party Abolishes Integration Policy,”
Washington Post
, January 12, 2011.

16
. Linda Shaw, “Integration No Longer a Top Priority for District,”
Seattle Times
, June 3, 2008.

Epilogue

1
. David Grissmer, Ann Flanagan, and Stephanie Williamson, “Why Did the Gap Narrow in the 1970s and 1980s?” in
The Black-White Test Score Gap
, Christopher Jencks and Meredith Philips, eds. (Washington, DC: Brookings Institution Press, 1998), 182–223; Katherine Magnuson, Dan T. Rosenblum, and Jane Waldfogel, “Inequality and Black-White Achievement Trends in the NAEP,” in Katherine Magnuson and Jane Waldfogel, eds.,
Steady Gains and Stalled Progress
(New York: Russell Sage Foundation, 2008), 33–64; Jacob L. Vigdor and Jens Ludwig, “Segregation and the Test Score Gap,” in Magnuson,
Steady
Gains
, 181–208; Paul Barton and Richard J. Coley,
The Black-White Achievement Gap: When Progress Stopped
, Educational Testing Services,
http://www.ets.org/
; Amy Stuart Wells, Jennifer Jellison Holme, Anita Tijerina Revilla, and Awo Korantemaa Atanda,
Both Sides Now: The Story of School Desegregation's Graduates
(Berkeley: University of California Press, 2009), 19.

2
. Douglas N. Harris,
Lost Learning
,
Forgotten Promises: A National Analysis of School Racial Segregation, Student Achievement, and
‘Controlled Choice' Plans
(Washington, DC: Center for American Progress November 24, 2006),
http://www.americanprogress.org/
; Harris, “Educational Outcomes of Disadvantaged Students: From Desegregation to Accountability,” in
AEFA Handbook of Research in Education Finance and Policy
, Helen Ladd and Edward Fiske, eds. (Hillsdale, NJ: Laurence Erlbaum, 2008); Roslyn Arlin Mickelson and Martha Bottia, “Integrated Education and Mathematics Outcomes: A Synthesis of Social Science Research,”
North Carolina Law Review
88, no. 3 (2010); Eric A. Hanushek, John F. Kain, and Steven G. Rivkin, “How Much Does School Integration Affect Student Achievement?” paper presented at the Annual Meeting of the American Economic Association, New Orleans, January 2001.

3
. Wells,
Both Sides Now
, 22–24.

4
. Center for Research on Education Outcomes,
Multiple Choice: Charter School Performance in 16 States
(Stanford, CA: Stanford University Press, June 2009),
http://credo.stanford.edu/
; Bruce Fuller, ed.,
Inside Charter Schools: The Paradox of Radical Decentralization
(Cambridge, MA: Harvard University Press, 2002).

5
. Stefanie Chambers,
Mayors and Schools: Minority Voices and Democratic Tensions in Urban Education
(Philadelphia: Temple University Press, 2006); also see Jeffrey R. Henig and Wilbur C. Rich,
Mayors in the Middle: Politics
,
Race and Mayoral Control of Urban Schools
(Princeton, NJ: Princeton University Press, 2004).

6
. For example, William L. Sanders, S. Paul Wright, and Sandra P. Horn, “Teacher and Classroom Context Effects on Student Achievement: Implications for Teacher Evaluation,”
Journal of Personnel Evaluation in Education
11, no. 1 (1997).

7
. Sarah Carr,
Hope Against Hope
(New York: Bloomsbury, forthcoming).

8
. “NYC's Disappearing Black/Latino Public School Teachers,”
Black Educator
blog, December 19, 2006,
http://blackeducator.blogspot.com/
.

9
. Bill Turque, “Fired DC Principals Go to Court Again,”
Washington Post
, October 27, 2009.

10
. Joel Hood, “Chicago Teachers Union Accuses CPS of Discriminating Against African-American Teachers,”
Chicago Tribune
, February 8, 2012.

11
. Laura Pappano, “Closing Time,”
Ed.: The Magazine of the Harvard Graduate School of Education
(Summer 2011).

12
. Joel Hood and Noreen Ahmed-Ullah, “Protesters Send CPS Board Members Scurrying,”
Chicago Tribune
, December 14, 2011; Yirmeyah Beckles, “OUSD Meeting Turns into Emotional Protest,”
Oakland North
website, September 21, 2011; Lindsey Christ, “Parents Protest DOE Official's Threats to Close 47 City Schools,”
NY1
, November 22, 2011; Ann Doss Helms, “Claims of Racial Bias Rattle Charlotte-Mecklenburg Schools,”
Charlotte Observer
, October 24, 2010.

BOOK: Divided we Fail
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