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4 Stan. L. & Pol'y Rev. 61 (1992-1993)
Desegregation Versus School Reform: Resolving the Conflict

handle is hein.journals/stanlp4 and id is 63 raw text is: Desegregation Versus School Reform: Resolving the Conflict by David S. Tatel Educators, politicians and business leaders have been working since the early 1980s to improve the nation's schools. But they are not focusing on the fact that some of their most important initiatives could run into serious obstacles in the many urban and predominantly minority school districts that are operating under desegregation orders imposed by the federal courts or the U.S. Department of Education. Although court-ordered desegregation plans have become Unless advocates begin to consider the special obligations of desegregating school districts, millions of children could be denied the promising benefits of school reform. David S. Tatel is a partner in the Washington law firm of Hogan & Hanson. This article was written while he was a lecturer at Stanford Law School during the 1991-92 academic year. The article reflects many very helpful suggestions offered by a group of scholars, educators, and lawyers who reviewed a draft and met to discuss it at Stanford University on July 29, 1992. That conference, as well as this article, was made possible by fundingfrom the Pew Forum on Education Reform, a program of the Pew Charitable Trusts based at Stanford University. engines of reform that share many of the objectives of school reform, desegregating school districts operate under special rules that could be used to block one or more of the most important initiatives of the school reform movement. This article explores the nature of the potential conflict between school reform and school desegregation, and suggests that the conflict can be avoided by shaping schoolreform initiatives to respond to the obligations of desegregating school systems in ways which continue desegregation programs without diluting the benefits of school reform. Indeed, the two movements shouldbemutuallyreinforcing. The school reform movement should be able to find helpful allies among courts presiding over desegregation cases, and courts should be able to find in the school reform movement the possible answer to today's most perplexing desegregation dilemma: how to end court supervision of school districts without returning to segregated schools. WINTER 1992-93

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