LOUISVILLE — Elementary schools in white neighborhoods here are whiter now, and those in the black neighborhoods are blacker. Under an integration plan the U.S. Supreme Court struck down in 2007, the Jefferson County School District required every school across greater Louisville to have an enrollment that was 15% to 50% African-American. The goal was to make schools in the district, where the student population is about two-thirds white and one-third black, racially diverse throughout. The Supreme Court’s decision ended that. Now, Louisville is taking another swing at school integration. Under a new student-assignment plan that’s tied to household income and dependent on increased cross-town busing, elementary schools slowly are being integrated in a different way. Yet the district that lost its case before the high court has fallen short of its goals of having a mix of students from higher- and lower-income areas and a blend of races in all classrooms. Its situation reflects the new landscape for school integration that’s coming into focus three years after the Supreme Court’s 5-4 ruling. The new reality tests the legacy of Brown v. Board of Education — the landmark high-court decision that struck down the doctrine of “separate but equal” schools more than a half-century ago — as school districts decide whether to continue to make integration a priority or return to neighborhood schools, whose enrollments often reflect communities’ racial divide. “I think that minority schools are going to be even more isolated,” says education professor Gary Orfield, co-director of the Civil Rights Project at University of California-Los Angeles , which supports integration. “For very large communities, there is going to be no integration experience available. … Segregation perpetuates itself.” The 2007 decision, the first of a series of conservative blockbusters under Chief Justice John Roberts , came as many districts already had been backing away from race-based integration. Supreme Court rulings in the 1990s and shifting political winds had stalled school desegregation, which began with the 1954 decision in Brown and continued until the late 1980s. The court’s new ruling in paired cases from Louisville and Seattle more definitively challenged the integration efforts of previous decades. For educators seeking to mix students of all races, the decision has led to complex new approaches based on income level and other factors. At the same time, it also has generated attempts to create more magnet schools and strengthen academics. The Supreme Court said districts could not look at the race of an individual student but did not bar districts from broadly considering race in certain communities. Under the new Louisville plan, parents list their top four choices for schools, some of which can be near home and some of which are supposed to be in other neighborhoods. Officials consider parents’ requests and other factors, such as a sibling already in school, as they try to meet diversity goals. The plan has taken effect in kindergarten through second grades. It will be phased in to include all of elementary school over the next three years and will start to take effect in middle school next year. “No retreat” has become the official mantra of Jefferson County School Superintendent Sheldon Berman and other school administrators in Louisville. In other places, most recently Wake County, N.C., school boards have moved back to neighborhood-school plans, which can mean plentiful resources for students in affluent areas but the opposite for students in low-income places. Education researchers such as Orfield note blacks and Hispanics do better in racially integrated schools. Students of all races who go to integrated schools are more inclined as adults to live in integrated communities. Focusing on class, rather than race Yet, Richard Kahlenberg, who has worked with schools in Chicago and elsewhere on approaches that integrate students based on income and other non-race factors, says students ultimately may be better off without exclusively race-based methods. “The things we’re looking for in a school — such as peers who will be positive role models and parents who are actively involved in the school — track closer by class than race,” says Kahlenberg, a senior fellow at the Century Foundation, which researches economic and social issues. Kahlenberg notes that before the ruling, Louisville’s Roosevelt-Perry Elementary, for example, “was beautifully balanced (racially) but was a disaster” academically since it was nearly “100% poor.” Today, classrooms in the two-story brick school have been modernized with technology themes such as robotics. Principal Pamela Howell has spearheaded the reinventing of Roosevelt-Perry as a magnet school that focuses on math and science. She says the upside to discarding race-based plans is that school officials must be more innovative to draw parents’ interest across neighborhood lines. Her message to parents reluctant to try the near-downtown location: “No matter where you live, no matter what you had to do to get here, you will get a high-quality education once you get here.” Yet the school is still in a run-down urban strip where the area’s average household income is about $20,000 annually and the population is mostly African-American. The principal-led transformation works for some parents — but not others. Brandy Schad, who protested her 5-year-old son’s assignment to the magnet Roosevelt-Perry, says the promise of better academics could not persuade her to accept a school that was an hour from her home and had comparatively low test scores. “I certainly understand the importance of diversity,” she says, “but not at the expense of a 5-year-old.” The 2007 ruling revealed a young Roberts Court flexing its conservative muscle on social issues. John Roberts became chief justice in 2005, and conservative Justice Samuel Alito succeeded centrist Sandra Day O’Connor in 2006, leading to a more consequential ideological shift. The 2007 decision in the Louisville schools case was a jolt to the right. Justice John Paul Stevens , who had served since 1975 and retired this past summer, said he believed that no one on the court he joined would have voted the way the five conservatives did in the Louisville case. Roberts wrote that the disputed integration plans from Louisville and Seattle recalled a pre- Brown era. In Brown , the Supreme Court said “separate but equal” schools were inherently unequal and violated the Constitution’s equality guarantee. “Before Brown , schoolchildren were told where they could and could not go to school based on the color of their skin,” Roberts said, joined by the court’s most conservative justices. “The school districts in these cases have not (demonstrated) that we should allow this once again — even for very different reasons.” He added, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Dissenting justices observed that before the Brown ruling, only black children were told where they could go to school. Justice Stephen Breyer , joined by the court’s three other more liberal justices, said the majority’s decision undermined ” Brown ‘s promise of integrated primary and secondary education that local communities have sought.” Justice Anthony Kennedy , who is at the ideological middle of a divided court, was the crucial fifth vote for the conservative majority. He wrote a concurring statement that declared diversity in schools remained a “compelling” governmental interest but integration programs had to be “narrowly tailored.” “This nation has a moral and ethical obligation to fulfill its historic commitment to creating an integrated society that ensures equal opportunity for all of its children,” Kennedy wrote, adding that districts could look at race only as part of a “nuanced, individual evaluation of school needs and student characteristics.” Setting the bar higher Louisville’s efforts to follow the high-court ruling have ushered in new challenges. The new plan has turned out to be far more “disruptive” than the prior plan, says student-assignment specialist Barbara Dempsey, requiring more students to be bused between regions. In two years of the new plan, fewer than half of the kindergarten to second-grade classes have reached the district’s diversity goals, she says. Pat Todd, executive director of student assignments, chalks that up to initial difficulties in balancing diversity with other factors, such as requests for siblings to stay together, and says she expects the elementary schools to meet the goals fully in four to five years. “I do think we will have to make modifications,” Todd says. “But we will be continuing with a diversity plan, so the students will be better prepared for the future.” There has been political fallout: Two Republican state legislators recently introduced a bill that would require the district to return to neighborhood schools. In this fall’s school board election, the integration plan is a major issue. The plan prompted hundreds of school-transfer requests, one of which came from Schad who, with her husband, who has Crohn’s disease, wanted their son, Ethan, closer to home. Schad says she was dismayed by Roosevelt-Perry’s academic scores and didn’t want to take a chance on the new magnet program: “It’s so new and so fresh that I don’t feel like you can put a whole lot of stock in it.” Her son is now at a school less than a mile from their home. Still, the district has plenty of supportive parents, such as Shweta Krishnani, who chose Roosevelt-Perry after touring the school. Krishnani says she was reluctant at first to send son Sahil, 5, there because of the neighborhood and the school’s low test scores. But Howell convinced her and her husband the grounds were safe and the new technology program was first-rate. Those and other worries, including the two-bus ride her son must take every morning, have been eclipsed by his academic progress. Sahil began the school year in kindergarten but proved himself so advanced he was reassigned to first grade, where he can participate in a LEGO robotics lab and build robots with moving parts and sensors. Krishnani is from Dubai and her husband grew up in India. She says she wants Sahil to mix with students of all races so he will be ready, as an adult, for anything in life or on the job. Howell says she did not object to the old diversity plan but has since realized that with the poverty levels of students, white and black, the diversity “wasn’t pushing us to the top.” With the magnet program, she says, “we are now able to set the bar a lot higher for our students.” Plans vary across the nation

ATLANTA (AP) — Dave Ebersbach lost his job as a math teacher this summer, and he spends each day hoping that his poverty-stricken school in Ohio will call up and offer him his position back. He and thousands of other teachers around the country could get their jobs back now that the Senate has approved an emergency stimulus package designed to keep educators and other public employees out of the unemployment line. ANALYSIS: Teacher pension funds are short billions SURVEY: Self-evaluation better than parent, student evaluation, teachers say “My biggest thing is I want to go back to the school I was at for the students,” said Ebersbach, 43, one of 14 math teachers in the Toledo school district to receive notice a few weeks ago that their jobs were cut. “We’re in a high-poverty school and one thing the students need more than anything else is consistency. And they’re not going to get that.” The $26 billion measure passed Thursday is less than was initially proposed by Education Secretary Arne Duncan , but will provide $16 billion to help states balance their Medicaid budgets and $10 billion for grants to school districts to forestall layoffs. Republicans strenuously opposed the measure, denouncing it as yet another federal bailout the government cannot afford and calling it a giveaway to public employee unions. For educators across the country, it’s been a bewildering summer as money to save thousands of jobs stalled in Congress and unions and administrators sparred over ways to rehire laid-off teachers. The result has been what is referred to in education circles as the “yo-yo effect.” School budgets, facing severe reductions in state funding, are cut. Layoffs are made. And some or even all of the teachers are hired back over the summer as officials scramble for money. The money coming from Congress could help fill some of that void. But until districts actually have the money in hand, thousands of teachers must wait in limbo not knowing whether they’ll have jobs when school starts in a few weeks. Data provided by the U.S. Department of Education on how many jobs the bill is expected to fund reads like the medical chart of a battered patient: 16,500 in California. In Texas, 14,500. More than 9,000 in Florida. Some 161,000 education jobs across the country in all. “The Senate amendment will go a long way to protecting these jobs and ensuring that America’s educators are working to educate our way to a better economy,” Duncan said. “It’s the right thing to do for America’s students and America’s teachers.” Throughout the summer, many districts had despaired that Congress would deliver any money, and scrambled to find other ways to bring back the teachers, offering early-retirement incentives and negotiating furlough days. In Iowa, where 1,500 layoffs were announced earlier this year, the Des Moines district has called back all but 30 of the 173 teachers who were laid off. Twyla Woods, the district’s chief of staff, said they opened an early retirement option and hope to have enough attrition overall to bring back the remaining teachers. In Santa Cruz, Calif., 82 teachers were laid-off this spring and rehired again this summer, also largely due to a negotiated retirement incentive that 41 workers opted into. Teachers also agreed to take furlough days. The entry level salary in the district is $40,000. The efforts all saved jobs, but are not considered long-term solutions. In other districts, no solution was reached at all, leaving hundreds unemployed and hoping for federal money. Gretchen Marfisi in Florida was laid off in each of the last two summers, only to be rehired by the Broward County School District. This year she canceled her family vacation and put her life on hold before being called back Thursday. “Why are they firing all of us?” Marfisi said, her voice ringing with frustration. “Besides giving us all more gray hair and wrinkles, there doesn’t seem to be a lot of logic involved.” Marfisi is now preparing to unpack all her boxes of teaching materials once again. “It’s a relief to get a paycheck,” Marfisi said. “It’s just very weird and bizarre emotionally. It just in the process makes you feel like garbage.” Mike Langyel, president of the Milwaukee Teachers’ Education Association, worries about the long-term effects these series of layoffs will have on the teaching career. “We don’t need to turn this into a Wal-Mart employment where you’re in for a while and you’re out,” Langyel said. Teachers say the effect on morale has been overwhelming. “Somebody said to me, ‘Teacher: I thought that was one field that was recession-proof,’” Ebersbach said. “I’m at a 50-50 shot.” Turner reported from Atlanta. Armario reported from Miami. Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.