Desegregation: DOJ Ends Over 50 Decades-Old Cases

The Justice Department is closing out more than 50 desegregation cases that have been sitting on federal court dockets for decades. 

Assistant Attorney General Harmeet Dhillon timed the announcement to the school year. 

The cases run from Waterbury, Connecticut, to Flagler County, Florida. All told, they have been on the books for more than half a century.

“In this administration, we are ending prolonged federal oversight of these school districts because the effort does not reflect the reality of those classrooms today,” Dhillon said. “In some cases, school districts have been under federal control for more than 60 years. Now these local school districts can redirect taxpayer dollars back to benefitting students, instead of funding onerous and outdated consent decrees.” 

These were not merely forgotten pieces of paper sitting in courthouse archives.

The consent decrees grew out of federal litigation against school districts that had operated racially segregated systems. DOJ is reviewing the remaining cases individually and says it will seek dismissal after determining a district has achieved “unitary status.” 

Some districts still faced remarkably granular federal oversight decades later.

A DOJ official said districts could be required to answer dozens of statistical questions and file court motions before changing school feeder patterns or building a new high school. The official said federal oversight extended to teacher hiring, gifted-program criteria, discipline, magnet schools, construction plans and student transfers.

DOJ lawyers even asked about the races of school bus drivers and examined yearbooks to determine the race of students participating in extracurricular activities and being selected for homecoming royalty, according to the official.

Dyersburg, Tennessee, shows just how long this could go on.

The federal government sued the Dyersburg Board of Education in 1966 in a desegregation case over racially segregated public schools. DOJ monitored the district for the next 60 years. This February, a federal court declared the district unitary and dismissed the case with prejudice after DOJ determined it had eliminated the vestiges of its former de jure segregated system.

“Compliance means closure. When school districts comply in good faith with court orders to eliminate the vestiges of past discrimination, the federal government has no legitimate reason to continue monitoring,” Dhillon said. “After sixty years of federal control, it’s time for Dyersburg City Schools to redirect the time, energy, and taxpayer dollars spent on reporting requirements to directly improving education in the community.”

These orders had a purpose. They went after unlawful dual school systems and kept federal oversight in place while districts dismantled them. But 60 years later, DOJ lawyers were still checking the race of bus drivers and flipping through yearbooks. At some point, compliance has to end the case.

That is the point Dhillon is making now. If a district has met the legal standard and a judge agrees, the case is closed, not suspended, not revisited. Done.

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