Northern Delaware’s public schools — once racially segregated, then desegregated through court-ordered busing, now segregated again with the end of federal oversight — are failing the children and families who most need their help.

That was the message delivered by Leo E. Strine Jr., chief justice of the Delaware Supreme Court, at the University of Delaware on Friday, Sept. 22.

The occasion was the seventh annual James R. Soles Lecture on the Constitution and Citizenship, held to honor the late Professor Soles, who was a faculty member in the Department of Political Science and International Relations for more than 34 years. The lecture also commemorates the signing of the U.S. Constitution in Philadelphia on Sept. 17, 1787, and is held on or near that anniversary date. 

Strine, a 1985 UD alumnus who has served as the state’s chief justice since 2014, chose the topic of resegregated schools for his address, titled “Delaware’s Constitutional Mirror Test: Our Moral Obligation to Make the Promise of Equality Real.”

Strine traced some of the state’s history from the Civil War through the era of Jim Crow laws and the civil rights movement, saying, “Simply put: Delaware denied black people equal rights. And there was nothing equal about the separate facilities Delaware provided to black people.”

When a lawsuit in the 1970s resulted in a federal court order to desegregate northern Delaware’s schools, Strine noted, the outcome was not ideal but it did lead to schools that were relatively balanced, racially and economically, with reasonably equitable funding. In 1996, the federal court order was lifted after the state argued that it should regain control of its schools.

“In other words, ‘we the people’ of Delaware took into our hands responsibility for giving life to our society’s commitment to equality,” Strine said. “What did we do with that responsibility? … By any objective measure, we have resegregated our school system.”

He cited statistics showing racial and economic imbalances among the student bodies of various schools. Especially in elementary schools in Wilmington and its suburbs, the data showed, African American children and those from lower-income families and neighborhoods are now again greatly overrepresented in some schools and underrepresented in others.

“Now, you ask, surely there was some tradeoff when these changes were made,” Strine told the audience. “It must have been recognized that if kids who had less were all put in the same school, they and their teachers would need more [time and resources]. … The only fair answer to that is ‘no.’ ”

Instead, he said, the schools where the students need the most tend to have less experienced teachers and no extra financial support for additional instruction time or extracurricular activities. And the result has been poor outcomes for students, for the adults who have gone through such schools and for the communities where they live, Strine said.

He pointed to inequality in rates of violent crime, incarceration, unemployment and other factors and said much of that could be improved with a better educational system.

He proposed a larger, high-quality school district that would include the city of Wilmington and suburban areas with greater resources, which would allow for such initiatives as a longer school year and a longer school day that would include after-school homework time, activities and nutritious snacks. Veteran teachers who earn more because of their education and experience should be in classrooms with children who most need their skills, he said.

“One hopes that all of us can have the empathy to recognize that kids who have less need more,” he said.

Addressing concerns about the cost of such initiatives, Strine noted that, in addition to a moral and constitutional commitment to equality, changing the school system would benefit the state in many ways, including reduced crime and increased attractiveness to businesses and employers.

“You pay one way or another, and instead of paying to deal with the wreckage resulting from not addressing economic and educational inequality, we should pay by investing in a better future for our children and our community,” he said.

About the James R. Soles Citizenship Endowment

“This lecture is dedicated to one of the finest people I know,” Strine said in beginning his address.

Prof. Soles, who died Oct. 29, 2010, received the University’s Excellence in Teaching Award twice and its Excellence in Advising Award, as well as the University’s Medal of Distinction. He received many honors and recognitions in his distinguished career, but he is still best remembered for his personal dedication to teaching and to his students. 

The Soles endowment was established 15 years ago and supports a named professorship, undergraduate citizenship stipends and graduate fellowships.

The first stipends were awarded more than 10 years ago, and recipients have used that support in a wide range of accomplishments. To see more about recent recipients and the work they have done, visit this site.