From school years 2000-01 to 2013-14  (most recent data available), both the percentage of K-12 public schools  that were high poverty and comprised of mostly Black or Hispanic  students (H/PBH) and the students attending these schools grew  significantly. Specifically, according to our  analysis of Education’s data, the number of schools where 90 to 100  percent of the students were eligible for free or reduced-price lunch and  90 to 100 percent of the students were Black or Hispanic grew by 143  percent from school years 2000-01 to 2013-14. Students in H/PBH schools were held back in 9th grade, suspended (out- of-school), and expelled at disproportionately higher rates than students  in L/PBH schools and all other schools. 9 and fig. According to the district  superintendent, even if there were openings, many minority students in  the district were unable to attend certain magnet schools because doing  so would interfere with the ratio of minorities to non-minorities the state  was attempting to achieve. Diversity Plan in a School District in the South  According to district documents, a school in the district is “diverse” if it meets  at least one of the following measures:  enrolls multiple racial/ethnic groups, and no single group represents more than 50  percent of the school’s total enrollment;  enrolls at least three racial/ethnic groups, and each represents at least 15 percent of  the school’s total enrollment; or  enrolls at least two racial/ethnic groups, and each represents at least 30 percent of  the school’s total enrollment; and   at least two of the following measures:  percentage of students eligible for free or reduced meals is at least two-thirds the  average of other schools,  percentage of English Learners is at least two-thirds the average of other schools, or  percentage of students with a disability is at least two-thirds the average of other  schools. Education and Justice Have Taken a Range of Actions to Address Racial Discrimination against Students, although Better Use of Available Data May Enhance These Efforts Education Addresses Discrimination by Conducting Investigations, Issuing Guidance, and Providing Technical Assistance

Education has taken a range of actions to address racial discrimination in  schools. For example, its  analysis of its Civil Rights Data, which showed disparities across groups  of students by race and other factors in students’ access to academic  courses (such as algebra and AP courses), helped inform an investigation  and resulted in guidance. Federal internal control standards state that agencies should use  operational data to ensure effective and efficient use of agency  resources. Justice also monitors and enforces open federal school desegregation  cases where Justice is a party to the litigation. Justice Does Not Systematically Track Key Data to Inform Actions on Open Desegregation Cases

As noted above, Justice is responsible for monitoring and enforcing the  178 open federal desegregation orders to which it is a party—many of  which originated 30 or 40 years ago. As a consequence,  the potential exists that some cases could unintentionally languish for  long periods of time. The  court noted that had Justice “been keeping an eye” on relevant  information, such as disparities in test scores, it could have brought it to  the court’s attention more quickly, allowing the court and district to  address the issue in a timely fashion. These standards also state that agencies should  use information to help identify specific actions that need to be taken and  to allow for effective monitoring of activities. Further,  Black and Hispanic students are increasingly attending high-poverty  schools where they face multiple disparities, including less access to  academic offerings. While the districts we  contacted in different areas across the nation have efforts under way to  help improve the quality of education for students, the Departments of  Education and Justice have roles that are critical because they are  responsible for enforcing federal laws that protect students from racial  discrimination and ensuring schools and districts provide all students with  equitable access. We recommend that the Attorney General of the United States direct  the Department of Justice’s Civil Rights Division to systematically  track key summary information across its portfolio of open  desegregation cases and use this data to inform its monitoring of  these cases. Appendix I: Scope and Methodology

The objectives of this study were to examine: (1) how the percentage of  schools with high percentages of poor and Black or Hispanic students has  changed over time and the characteristics of these schools, (2) why and  how selected school districts have implemented actions to increase  student diversity, and (3) the extent to which the Departments of  Education (Education) and Justice (Justice) have taken actions to identify  and address issues related to racial discrimination in schools. Analysis of the Civil Rights Data Collection

To examine additional characteristics about schools the students  attended, we analyzed data from the public use file of Education’s Civil  Rights Data Collection (referred to as the Civil Rights Data in this report)  for school year 2011-12, which was the most recent year of data  available. To select districts, we relied on recommendations  from subject matter specialists and a review of available information. We also interviewed representatives of civil rights organizations and  academic experts to discuss issues related to racial and socioeconomic  diversity in public schools, including actions taken by school districts to  increase diversity and federal actions to enforce federal civil rights laws  with respect to race in public schools. We present these data by different levels of poverty, Black or  Hispanic students, and school type (traditional, charter, and magnet  schools).
Why GAO Did This Study

Recent literature shows that poor and minority students may not have full access to educational opportunities. GAO was asked to examine poverty and race in schools and efforts by the Departments of Education and Justice, which are responsible for enforcing federal civil rights laws prohibiting racial discrimination against students.
This report examined (1) how the percentage of schools with high percentages of poor and Black or Hispanic students has changed over time and the characteristics of these schools, (2) why and how selected school districts have implemented actions to increase student diversity, and (3) the extent to which the Departments of Education and Justice have taken actions to identify and address issues related to racial discrimination in schools.
GAO analyzed Education data for school years 2000-01 to 2013-14 (most recent available); reviewed applicable federal laws, regulations, and agency documents; and interviewed federal officials, civil rights and academic subject matter specialists, and school district officials in three states, selected to provide geographic diversity and examples of actions to diversify.

What GAO Found

The percentage of K-12 public schools in the United States with students who are poor and are mostly Black or Hispanic is growing and these schools share a number of challenging characteristics. From school years 2000-01 to 2013-14 (the most recent data available), the percentage of all K-12 public schools that had high percentages of poor and Black or Hispanic students grew from 9 to 16 percent, according to GAO's analysis of data from the Department of Education (Education). These schools were the most racially and economically concentrated: 75 to 100 percent of the students were Black or Hispanic and eligible for free or reduced-price lunch—a commonly used indicator of poverty. GAO's analysis of Education data also found that compared with other schools, these schools offered disproportionately fewer math, science, and college preparatory courses and had disproportionately higher rates of students who were held back in 9th grade, suspended, or expelled.
In the three districts GAO reviewed as case studies, officials reported implementing various actions to increase economic and racial diversity to address racial or other demographic shifts in school composition. For example, in one predominantly low-income, Black and Hispanic school district, the state and district created state-of-the-art magnet schools to attract students from more economically and racially diverse groups. However, these three districts faced challenges. For example, one state devoted funding to magnet schools while the district's traditional schools declined in quality, according to local officials. Further, according to officials, some magnets with openings could not accept minority students because doing so would interfere with the ratio of minority to non-minority students that the district was trying to achieve.
The Departments of Education and Justice have taken a range of actions to identify and address racial discrimination against students. Education has investigated schools, analyzed its data by student groups protected under federal civil rights laws, and found discrimination and disparities in some cases. GAO analyzed Education's data among types of schools (charters, magnets, and traditional public schools) by percentage of racial minorities and a proxy for poverty level and found multiple disparities, including in access to academic courses. Education does not routinely analyze its data in this way. Conducting this type of analysis would enhance Education's ability to target technical assistance and identify other disparities by school types and groups. The Department of Justice (Justice) has also investigated discrimination claims, and it monitors and enforces 178 open federal desegregation court cases to which it is a party, many of which originated 30 or 40 years ago to remedy segregation. However, GAO found that Justice does not track key summary case information, such as the last action taken in a case. As a result, some may unintentionally remain dormant for long periods. For example, in one case the court noted there had been a lack of activity and that if Justice had “been keeping an eye” on relevant information, such as test score disparities, the issue could have been addressed in a more timely way. Federal internal control standards state that agencies should use information to help identify specific actions that need to be taken to allow for effective monitoring. Without tracking key information about open cases, Justice's ability toward effectively monitor such cases is hampered.

What GAO Recommends

GAO recommends that Education more routinely analyze its civil rights data to identify disparities among types and groups of schools and that Justice systematically track key information on open federal school desegregation cases to which it is a party to better inform its monitoring. In response, both agencies are considering actions in line with GAO's recommendations.