==desegregation==


====The advantage is desegregation:====


====School segregation is still rampant —- tolerating this, whether in the name of "educational quality" or "school choice" just lets racism win —- the constitution demands that public institutions comply with the law====Black, 6/6/17 —- Professor of Law, University of South Carolina (Derek, "Education in America Has Deep Flaws—and That's Why Racial Segregation Is on the Rise,"https://theconversation.com/why-schools-still-cant-putANDwill our base fears and racial biases begin to fade into the background.


====A retreat of DOJ enforcement has allowed a resurgence in segregation —- federal agencies have a comparative advantage in enforcing regulations and compelling local cooperation====Landsberg, 16 —- Professor Emeritus, Pacific McGeorge School of Law (Brian K., Fall 2016, Duke Journal of Constitutional Law & Public Policy, "LEE V. MACON COUNTY BOARD OF EDUCATION: THE POSSIBILITIES OF FEDERAL ENFORCEMENT OF EQUAL EDUCATIONAL OPPORTUNITY," 12 Duke J. Const. Law & Pub. Pol'y 1, Lexis-Nexis Academic, JMP) *Note – HEW = United States Department of Health, Education and Welfare"There is nothing more difficult to plan, more doubtful of success, norANDlater their cases were sent to the judicial district where they were located.

====Desegregation is the best way to narrow achievement gap —- just making separate schools better isn't sufficient====
Theoharis 15 – PHD and a chair in the School of Education at Syracuse
(George, 10/23/15, "'Forced busing' didn't fail. Desegregation is the best way to improve our schools.", https://www.washingtonpost.com/posteverything/wp/2015/10/23/forced-busing-didnt-fail-desegregation-is-the-best-way-to-improve-our-schools/?utm_term=.99e5c334fa60, MW)Since the Reagan administration's "A Nation at Risk" report pronounced that schools acrossANDthe back of the education bus, it will always be the back.

====Closing the academic achievement gap directly challenges social inequality and boosts health outcomes====
Lynch & Oakford, 14 —- *professor of economics in the Department of Economics at Washington, AND Policy Analyst at the Center for American Progress (Robert & Patrick, "The Economic Benefits of Closing Educational Achievement Gaps; Promoting Growth and Strengthening the Nation by Improving the Educational Outcomes of Children of Color," https://www.americanprogress.org/issues/race/reports/2014/11/10/100577/the-economic-benefits-of-closing-educational-achievement-gaps/, accessed on 7/1/16, funk+JMP)
Our nation is currently experiencing growing levels of income and wealth inequality, which areANDand ethnic achievement gaps could amply pay for themselves in the long run.


====Inequality kills tens of thousands each year====Bezruchka, '14 — Senior Lecturer in Health Services and Global Health at the School of Public Health at the University of Washington, holds a Master of Public Health from Johns Hopkins University and an M.D. from Stanford University ("Inequality Kills," Divided: The Perils of Our Growing Inequality, Edited by David Cay Johnston, p.194-195)Everyone in a society gains when children grow up to be healthy adults. TheANDsimply produces a lethally large social and economic gap between rich and poor.


====Challenging institutional racism is a prior ethical question— it makes violence structurally inevitable and foundationally negates morality making defenses of utilitarianism incoherent ====Memmi, 2k —- Professor Emeritus of Sociology @ U of Paris, Naiteire (Albert, Racism, Translated by Steve Martinot, p. 163-165)The struggle against racism will be long, difficult, without intermission, without remissionAND. True, it is a wager, but the stakes are irresistible.


====Reject big-stick impacts which push minority bodies to the back of the triage- give a new sense of urgency to these bodies as a radical critique of the waiting politics of the negative which serve to make suffering infinite by continually delaying the aff====Elizabeth Olson 2015 (Associate Professor of Geography and Global Studies at UNC-Chapel Hill, Geography and ethics I: Waiting and urgency, Progress in Human Geography, DOI: 10.1177/0309132515595758) 6/26/17Though toileting might be thought of as a special case of bodily urgency, geographicANDas fertile ground for radical critique, a truly fierce urgency for now.


====Government based education reforms can transform society —- defeatist attitudes ensure the world stays the same====Glaude 16—Professor of African American Studies and Religion at Princeton and a PhD in Religion from Princeton ~~[Eddie S., Jr., Democracy in Black: How Race Still Enslaves, p. 185-197~~]But Goldwater failed to realize that governmental indifference can harden hearts, and government actionANDdisproportionately locking up black men and women constitutes an answer to social ills.


====Desegregation in education serves as bridge to link ongoing racial disparities with historic racial discrimination and challenge white supremacy —- advances equality in prisons, mental health facilities, housing authorities, and police departments====Holley-Walker, 12 —- Associate Professor of Law, University of South Carolina School of Law, J.D. from Harvard (Winter 2012, Danielle, Georgia State University Law Review, "A NEW ERA FOR DESEGREGATION," 28 Ga. St. U.L. Rev. 423, Lexis-Nexis Academic, JMP)~~[*443~~] III. WHY WE NEED A NEW ERA OF DESEGREGATIONThe goal of Part III is to make the normative case for a new eraANDdiscrimination and to refocus our education reform on equality as a core value.


====White backlash isn't inevitable AND governmental policies is what sustains de facto segregation —- we solve by removing the legal means that opponents used to justify their actions====Delmont, 16 —- professor of history at Arizona State University (3/29/16, Matthew, "The Lasting Legacy of the Boston Busing Crisis; Desegregating schools by shuttling kids across town failed. That doesn't mean the achievability or significance of the original goal must fail, too," https://www.theatlantic.com/politics/archive/2016/03/the-boston-busing-crisis-was-never-intended-to-work/474264/, accessed on 6/22/17, JMP)"When we would go to white schools, we'd see these lovely classroomsANDsegregation in the North and remembering the stories of people like Ruth Batson.


==solvency==


====the second contention is solvency:====


====THUS, THE PLAN: The United States federal government, via Section 5 of the Fourteenth Amendment, should regulate K-12 schools that receive public funding by implementing a law that:====


====Requires states to affirmatively further racially integrated education====


====Explicitly includes a private right of action for parties to sue for equitable relief if states fail to take measures to affirmatively reduce racial isolation in schools====


====Creates clear statutory language that confers rulemaking and regulatory authority to the Department of Education's Office for Civil Rights or an independent agency directed by a career employee, rather than a political appointee, to provide federal oversight and enforcement====


====Authorizes and requires action by the Department of Justice for states that refuse compliance====


====Funds deliberations that both document the current racial inequities in educational opportunity and provide useful data that may assist states and localities in fostering racially inclusive educational opportunities====


====Funds research, development, and policy replication to preserve and strengthen federal, state, and local efforts to protect equal access to educational opportunities====


====Includes the provision of transportation and construction funding to suburban schools, while also increasing school funding for inner-city schools====


====The plan is a comprehensive mechanism to address racial segregation in public education —- congressional action is critical====Epperson, 12 —- Associate Professor of Law, American University Washington College of Law (Winter 2012, Lia, Harvard Law & Policy Review, "SYMPOSIUM: EDUCATION: EQUALITY OF OPPORTUNITY: Legislating Inclusion," 6 Harv. L. & Pol'y Rev. 91, Lexis-Nexis Academic, JMP)III. CURRENT JUDICIAL CONSTRAINTS AND LEGISLATIVE IMPERATIVESIn its examination of Section 5ANDAmendment to consciously create a remedy for twenty-first century structural ills.


====DOJ is critical to advance, monitor and enforce desegregation cases, including those addressing imbalances within schools====Holley-Walker, 12 —- Associate Professor of Law, University of South Carolina School of Law, J.D. from Harvard (Winter 2012, Danielle, Georgia State University Law Review, "A NEW ERA FOR DESEGREGATION," 28 Ga. St. U.L. Rev. 423, Lexis-Nexis Academic, JMP)A. The Role of the Federal Government The federal government will likely be theANDbut many districts do not actively seek to have the cases terminated. n84


====Plan is key to set a uniform precedent for all 50 States – still allows for local innovation====Robinson 2015 - Prof of Law @ U of Richmond School of Law
Kimberly Jenkins, "Disrupting Education Federalism," 92 Wash. U. L. Rev. 959
C. How Disrupting Education Federalism Would Empower New Aspects of State and Local ControlANDstates ultimately would decide how to ensure equal access to an excellent education.


====Federally enforced regulations are key to desegregation —- government agencies have superior expertise, information gathering, compliance monitoring, and planning====Landsberg, 16 —- Professor Emeritus, Pacific McGeorge School of Law (Brian K., Fall 2016, Duke Journal of Constitutional Law & Public Policy, "LEE V. MACON COUNTY BOARD OF EDUCATION: THE POSSIBILITIES OF FEDERAL ENFORCEMENT OF EQUAL EDUCATIONAL OPPORTUNITY," 12 Duke J. Const. Law & Pub. Pol'y 1, Lexis-Nexis Academic, JMP) *Note – HEW = United States Department of Health, Education and WelfareV. The Significance of Lee v. Macon County Board of Education A.ANDand DOE to renew legal efforts to overcome racial isolation in the schools.

====One-shot policies won't produce lasting change —- federal equal protection is superior —- has an inherently larger enforcement capacity to ensure continued implementation====
Black, 10 —- Associate Professor of Law and Director, Education Rights Center, Howard University School of Law (March 2010, Derek, William and Mary Law Review, "UNLOCKING THE POWER OF STATE CONSTITUTIONS WITH EQUAL PROTECTION: THE FIRST STEP TOWARD EDUCATION AS A FEDERALLY PROTECTED RIGHT," 51 Wm. & Mary L. Rev. 1343, Lexis-Nexis Academic, JMP)
For these same reasons, federal equal protection has the capacity to produce some resultsAND. This Article provides a viable strategy to make this federal enforcement possible.

====Federal government has superior research and technical assistance to ensure implementation of reforms====
Robinson, 15** —- Professor of Law, University of Richmond School of Law (Kimberly Jenkins Robinson, Washington University Law Review, "DISRUPTING EDUCATION FEDERALISM," 92 Wash. U. L. Rev. 959, Lexis-Nexis Academic, JMP)
C. Focusing Rigorous Federal Research and Technical Assistance on the Most Effective Approaches forANDand then monitor to ensure that those dollars have been spent appropriately. n224