Using socioeconomics to diversify schools Race-neutral option to the fore after top court ruling Sunday, July 01, 2007 • BY JOHN MOONEY • Star-Ledger Staff In the wake of the U.S. Supreme Court's new limits on using race to attain diversity in classrooms, a less controversial option is gaining attention: a student's socioeconomic background. Baltimore; Cambridge, Mass.; and districts in a dozen other states already consider students' income and other nonracial factors in seeking to mix school enrollments -- a system that advocates say can result in some degree of racial integration, as well. While the idea is not universally supported, officials and experts said it could prove the winning constitutional ingredient for other districts -- including New Jersey's Montclair and Englewood -- that have openly sought to integrate their schools by race but may now be challenged by the court's latest ruling. "There's no doubt it is perfectly legal, and I think you'll see a lot more districts looking at going in this direction," said Richard Kah lenberg, a senior fellow of the Century Fund in Washington, D.C., and one of the strategy's biggest supporters. Kahlenberg said he has already been approached by officials in Louisville, Ky., one of the districts whose race-based plan was rejected by the high court on Thursday. "I use as comparison our in come tax system, where we treat the rich differently than those of low-income," he said. "There is no constitutional controversy about that; it is perfectly accepted. But if we did that by race, there would be outcry." The discussion arises in the aftermath of the Supreme Court's 5-4 ruling that barred plans in Louisville's Jefferson County and in Seattle that count heavily on race in determining where students attend schools. Seen as one of the court's most important rulings on race and education in decades, the decision was panned by some civil rights advo cates and hailed by some conservatives. But the decision has also left officials and others parsing every word for how it might affect hundreds of districts with at least some desegregation or integration efforts in place, including a handful in New Jersey. Among them are McNair Academic High School in Jersey City, a selective high school where enrollment is evenly split between white, black, Hispanic and Asian students. Montclair schools, facing a desegregation order from the 1970s, employ a magnet system that allows students to choose their elementary and middle schools, while ensuring a relatively even racial balance across the district. And in Englewood, a desegrega tion order from the state Supreme Court led to a system at specialized academies within the city's Dwight-Morrow High School designed to draw students of all races from across the county. Angelo Genova, a Livingston at torney who represents several school districts, said the ruling will bring lots of discussions about what is now acceptable and what is not. He said the court's decision and especially the concurring opinion from Justice Anthony Kennedy allowed for some wiggle room. Ken nedy wrote that while he agrees with the majority in striking down the Louisville and Seattle plans, he did not rule out race as a factor in school assignments as long as it wasn't the deciding factor. In that context, Genova said he understands the allure of the race- neutral plans like those that de pend on socioeconomic factors, but called them a "cop-out" in the battle to integrate schools. "While appealing, I don't know if they get you over the hump," he said. "If you are going to deal with race, I think you need to deal with race head-on. ... Kennedy offered some solace or at least promise that race need not be entirely abandoned." South Orange-Maplewood faced its own desegregation ruling decades ago and responded with a variety of steps, including consolidating grades in two elementary schools. It also created a magnet school to draw from all neighborhoods, and uses socioeconomic factors in setting kindergarten assignments. Officials said they have not yet had to use race explicitly in making assignments, with the town's hous ing patterns so far ensuring that schools remain balanced. Still, officials said they will need to review all the district's policies in light of the ruling. One community leader said she hopes the district stays as it is. "Three of my own children go through the system, and they've benefited tremendously from being in an integrated environment," said Carol Barry-Austin, who chairs the South Orange-Maplewood Community Coalition on Race. A resident of 27 years, Barry-Austin said there is value in mixing by income as well. "But it's not just socioeconomics," she said. "These children go off to college prepared for the world we live in." John Mooney may be reached at jmooney@starledger.com or (973) 392-1548. © 2007 The Star-Ledger. Used by NJ.com with permission.