Expressing Sense of Congress that All Americans Observe the 50th Anniversary of Brown V. Board of Education

EXPRESSING SENSE OF CONGRESS THAT ALL AMERICANS OBSERVE THE 50TH ANNIVERSARY OF BROWN V. BOARD OF EDUCATION WITH A COMMITMENT TO CONTINUING AND BUILDING ON THE LEGACY OF BROWN

Mr. SENSENBRENNER. Mr. Speaker, pursuant to the previous order of the House, I call up the concurrent resolution (H. Con. Res. 414) expressing the sense of the Congress that, as Congress recognizes the 50th anniversary of the Brown v. Board of Education decision, all Americans are encouraged to observe this anniversary with a commitment to continuing and building on the legacy of Brown, and ask for its immediate consideration.

The Clerk read the title of the concurrent resolution.

The text of H. Con. Res. 414 is as follows:

H. CON. RES. 414

Whereas on May 17, 1954, the United States Supreme Court announced in Brown v. Board of Education (347 U.S. 483) that, "in the field of education, the doctrine of 'separate but equal' has no place";

Whereas the Brown decision overturned the precedent set in 1896 in Plessy v. Ferguson (163 U.S. 537), which had declared "separate but equal facilities" constitutional and allowed the continued segregation of public schools in the United States on the basis of race;

Whereas the Brown decision recognized as a matter of law that the segregation of public schools deprived students of the equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States;

Whereas the Brown decision stood as a victory for plaintiff Linda Brown, an African American third grader who had been denied admission to an all white public school in Topeka, Kansas;

Whereas the Brown decision stood as a victory for those plaintiffs similarly situated to Linda Brown in the cases that were consolidated with Brown, which included Briggs v. Elliot (103 F. Supp. 920), Davis v. County School Board (103 F. Supp. 337), and Gephardt v. Belton (91 A.2d 137);

Whereas the Brown decision stood as a victory for those that had successfully dismantled school segregation years before Brown through legal challenges such as Westminster School District v. Mendez (161 F.2d 774), which ended segregation in schools in Orange County, California;

Whereas the Brown decision stands among all civil rights cases as a symbol of the Federal Government's commitment to fulfill the promise of equality;

Whereas the Brown decision helped lead to the repeal of "Jim Crow" laws and the elimination of many of the severe restrictions placed on the freedom of African Americans;

Whereas the Brown decision helped lead to the enactment of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, or national origin in workplaces and public establishments that have a connection to interstate commerce or are supported by the State;

Whereas the Brown decision helped lead to the enactment of the Voting Rights Act of 1965 which promotes every American's right to participate in the political process;

Whereas the Brown decision helped lead to the enactment of the Fair Housing Act of 1968 that prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-relating transactions, on the basis of race, color, national origin, religion, sex, familial status, or disability; and

Whereas in 2004, the year marking the 50th anniversary of the Brown decision, inequalities evidenced at the ime of such decision have not been completely eradicated: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Congress-

(1) recognizes and celebrates the 50th anniversary of the Brown v. Board of Education decision;

(2) encourages all Americans to recognize and celebrate the 50th anniversary of the Brown v. Board of Education decision; and

(3) renews its commitment to continuing and building on the legacy of Brown with a pledge to acknowledge and address the modern day disparities that remain.
The SPEAKER pro tempore (Mr. Ose). The gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. Conyers) each will control 15 minutes.

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Mrs. JONES of Ohio. Mr. Speaker, I rise today to celebrate the upcoming 50th anniversary of Brown v. Board of Education. It was 50 years ago that the Supreme Court unanimously decreed segregated public schools unconstitutional. The effects of that decision live on in myriad ways, and yet, in much of America, equality and integration remain ideals rather than realities.

In 1954 the U.S. Supreme Court stated that separate is inherently unequal. The Court concluded, "that in the field of public education, the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." The Court found that the evils of racial segregation affected students' motivation and retarded educational and mental development.

Education is a right, not a privilege. The Court wrote: ". . . it is doubtful that any child may reasonably be expected to succeed in life if he (or she) is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms."

In the 11th Congressional District of Ohio, Barbara Byrd-Bennett, CEO of the Cleveland Municipal School District continues this legacy Brown v. Board of Education, championing the rights of our young people and working to ensure that they are afforded the best education possible. Six years ago, in 1998, the Cleveland Municipal School District ranked last among Ohio school systems, and was placed in academic emergency status. Under the direction of Ms. Byrd-Bennett the Cleveland Municipal School District now stands as one of Ohio's "most improved school districts."

Under Ms. Byrd-Bennett's leadership academic successes are clear:

Reading scores have increased by more than 30 percent;
Children have breakfast and lunch at school at no cost, and over 93 percent are immunized;
Graduation rates have increased by 10 percent and 74 percent of last year's graduates went on to college;
Suspensions are down nearly 45 percent, expulsions are down 9 percent and assaults on students are down 13 percent;

Fourth and 6th grade reading results were up 19 percent and 28 percent, respectively, in 1 academic year; and

Only 22 percent of 4th grade students passed the State reading test in 1998 compared to 59 percent passed, in 2003, an increase of 37 percent from 5 years ago. Reading performance at the 6th grade has improved by 32 percent.

I believe that education is the key to success. I am working on behalf of all the constituents of the 11th Congressional District in Ohio to make sure that public education remains the number one issue in America. I want for those who have a desire to go to college to be prepared and equipped with the tools necessary for success.

While highlighting successes and recognizing achievements, we must also focus on current realities to further aid us in shaping national education priorities. According to the National Education Association:

Poor and minority children risk doing poorly in school. Contributing factors include: rigorous curriculum, teacher preparation/experience/attendance, class size, technology-assisted instruction, school safety, parent participation, student mobility, birth weight, lead poisoning, and nutrition;

In 1994, 31 percent of black, 24 percent of Hispanic, and 35 percent of American Indian high school graduates took remedial courses, compared to 15 percent of whites and Asians;

Few minorities have access to or are enrolled in Advanced Placement courses,

Student achievement gap still wide; and

Only 5 percent of African American 4th grade students and 4 percent of 8th grade students met national proficiency standards in 1996.

In addition, under the Bush budget $9.4 billion less for education than was promised in the No Child Left Behind Act; this means that 2.4 million children will not get the help with reading and math they were promised. Under the Bush budget 56,000 teachers won't get trained and 1.3 million children won't get the after school programs they were promised.

According to the National Education Association, the budget eliminates funds for 38 programs, including dropout prevention and gifted and talented education, and once again fails to increase Pell Grants for our Nation's poorest college students. Yet, incredibly, the President wants $50 million for a national experiment with school vouchers, which take away much needed resources from public schools, and trillions more in tax cuts continue to flow to the wealthy.

According to Barbara Bowman, professor of early childhood education at the Erikson Institute, "We're still quite a long way from a concerted national effort. What Brown did was make for a concerted national effort, but it required people to change. We haven't gotten that kind of centering of interest right now."

America's public schools are dealing with a level of linguistic and cultural diversity unknown 50 years ago, when the Supreme Court outlawed school segregation in its Brown v. Board of Education decision of May 17, 1954.

Today, public schools struggling to fulfill the spirit of the Brown decision, equal access to educational opportunity for all now we have a task made more complex and difficult by an ever-growing number of students who aren't even native English speakers.

In this information-based economy, the stakes are increasingly high for those who don't get the education they need-potentially hundreds of thousands of dollars in earning power over the course of a lifetime, middle class vs. minimum wage.

According to the National Center for Education Statistics, more than 3.7 million public school students were offered English language learner services in the 2001-2002 academic year.

Segregated housing patterns make racially mixed schools a rarity. New York City schools, for example, have grown more segregated over the last decades. And with de facto segregation comes separate and unequal education.

Cheryl Brown Henderson, one of the children who helped desegregate public schools, brought her message to Cleveland earlier this month. Brown says over the years she's watched schools become more integrated but feels we're not there yet. "The country is far more inclusive than it has ever been and obviously we have some unfinished business to do because not all of our schools are functioning as they should be; not all our communities are as open and inviting as they should be."

We have come a long way; however, we still have a long way to go.

Today I rise to celebrate the anniversary of Brown v. Board of Education. I am proud to be an American. I saluted African Americans like Barbara Byrd-Bennett who believed in the fight for justice, believed in their dreams for equality and continue to pave the way for a better tomorrow.