State Takeovers of School Districts: Race and the Equal Protection Clause

Abstract

of an executive official or board to manage the district; state board of education takeover; and mayoral appointment of an official and/or board to manage the district.^Insome takeovers, the elected board is maintained as an advisory board.^According to policy analyst Todd Ziebarth, "[S]tate takeovers, for the most part, have yet to produce dramatic and consistent increases in student performance, as is necessary in many of the school districts that are taken over."^^A key complaint about State takeovers arises when an elected school board is partially or completely replaced with appointees.Critics contend such takeovers disenfranchise voters, particularly in districts where minorities constitute the majority of the electorate.' * In 2004, over 50% of students in 74% of the districts taken over were minorities.'^Additionally,63% of the schools taken over as of 2004 were "in central cities (large and midsize) or in the urban fringe of a large city.All but three of these districts had high minority populations, ranging from 51% to 96%."'^M oreover, according to Katrina Kelly, the director of urban school district advocacy at the National School Boards Association, "'Black and Hispanic school board members feel they are being targeted.'"'"^Thisostensibly racially disproportionate takeover of minority school districts prompts our analysis in this Article.The first Part reviews the No Child Left Behind Act of 2001 (NCLB)'^ provision for State takeovers of school districts and State takeover laws.The second Part examines the racial physiognomy of various State takeovers around the nation.The final Part explores state takeovers of minority school districts under the Equal Protection Clause.The conclusion focuses on the various implications of State takeovers.accountability into their education policy).

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