Volume 99 - Issue 6 Georgetown Law Journal

Derailing the Schoolhouse-to-Jailhouse Track: Title VI and a New Approach to Disparate Impact Analysis in Public Education

National attention is consistently focused on America’s public schools and the ways in which millions of children, particularly students of color, continue to receive an inadequate education despite living in the wealthiest nation in the world. Federal policies such as No Child Left Behind and the more recent “Race to the Top” program instituted by President Barack Obama, as well as mainstream films such as Waiting for Superman, have sparked a national conversation about the causes, consequences, and solutions to America’s “achievement gap” between white students and students of color. These conversations usually focus on the need for accountability, the promise of school choice, and even supposed biological and cultural differences between whites and people of color, as well as continued racial segregation in and among schools and funding disparities that too often leave students of color holding the short end of the stick.

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