Reimagining Public Education Amid Assaults on Brown v. Board and Its Legacy

By Tajah Ware

(Photo Credit: VeeStudio89/Getty Images).

Justice, equity, and equality were woven into the fabric of the American dream. Yet, from the start, Black people and other communities of color have had to fight to make that dream a reality.

Seventy-one years ago, one of the most significant victories in that fight came through Brown v. Board of Education, the landmark Supreme Court decision that struck down “separate but equal” in public schools and catalyzed broader civil rights gains.

Brown v. Board remains a powerful example of what activism and litigation can achieve — but the work isn’t over. Segregation may be outlawed, but racial disparities in educational access and resources still readily permeate our school system.

In response to growing concerns about public education, the Legal Defense Fund hosted a webinar, "Reimagining Public Education Amidst Assaults on Brown v. Board and Its Legacy,” on May 19, on the heels of the Brown decision’s 71st anniversary. The webinar explored how the United States can protect Brown’s legacy and fulfill its promise by ensuring educational equity for students.

The conversation was moderated by one of LDF’s Associate Directors-Counsel, Sam Spital, and opened with remarks by Associate Director-Counsel Todd Cox. The panel brought together a powerhouse of legal and educational thought leaders, including LDF President and Director-Counsel Janai Nelson, former Assistant Secretary for Civil Rights at the U.S. Department of Education Catherine Lhamon, the White Burkett Miller Professor of Law and Public Affairs at the University of Virginia, Professor Kimberly Jenkins Robinson, and Chief of Staff and General Counsel at the National Center for Youth Law, Jonathan Smith.

Cox opened by honoring Brown v. Board as the legal foundation for ending racial apartheid in the United States, but emphasized that much work remains to make its promise real for every child.

That’s why current attacks on the Department of Education are so alarming. From an executive order threatening its dismantling to widespread misinformation, it’s clear the current administration is seeking to undermine the department’s vital role.

The Department of Education

The Department of Education is the federal government agency responsible for overseeing education policy and administering and funding education programs. When asked about its role, Lhamon said:

"At its core, the U.S. Department of Education is a civil rights agency, meaning that its function is to ensure equal opportunity for students in all walks of life and all federally funded schools."

Those who understand the devastating implications of eliminating the Department of Education know how harmful it would be to students and their rights. Still, a common argument favoring its elimination is: "Can't we trust states and local governments to uphold anti-discrimination laws and desegregation mandates without federal oversight?"

The answer, historically, is no. As Nelson explained:

“I would say asking states to police themselves when it comes to anti-discrimination law and civil rights laws more broadly is like asking a driver with a lead foot to self-report their speeding. These are serial violators of civil rights laws. We can’t expect that they will do the hard work to achieve justice for students when it’s so easy to circumvent civil rights obligations, especially when you do not have an active Department of Education, an active Department of Justice, and an administration that cares about these issues.”

The Fight Ahead: Protecting Brown’s Legacy

Sisters Linda and Terry Lynn Brown sit on a fence outside of their school, the racially segregated Monroe Elementary School, Topeka, Kansas, in March 1953. The Brown family initiated the landmark Civil Rights lawsuit 'Brown V. Board of Education.’ (Photo by Carl Iwasaki/Getty Images).

We're currently facing an administration that is attacking civil rights, diversity, equity, inclusion, and accessibility (DEIA) initiatives, and educational equity by weaponizing the very offices meant to protect them.

"Instead of protecting rights, the Civil Rights Division is being used as a sword to target people and groups the administration disagrees with," Smith emphasized.

Jenkins-Robinson described the growing backlash against diversity, equity, inclusion, and accessibility as a "red herring" — a distraction designed to stall meaningful conversations about systemic racism.

"When you focus on equity, you make sure that all students' needs are served," she said. “But protecting that focus requires more than critique — it demands action."

So, what can be done? The panelists shared essential insights on how to act and protect education.

Jenkins-Robinson:

• Hold school boards and districts accountable for persistent opportunity gaps.

• Elevate and support equity-centered leadership at every level in your community.

• Participate actively in local elections — especially school board races, which have a significant impact despite often low turnout.

Smith:

• Understand that legal action alone isn't enough; community mobilization and direct action are essential.

• Advocate for justice across sectors, including education, housing, and economic opportunity.

• Recognize the importance of disparate impact as a legal tool to address discrimination.

Nelson:

• Support organizations that educate the public and fight legal battles to protect students’ rights.

• Engage in reshaping the civil rights narrative and exposing misinformation through public education campaigns.

Lhamon:

• Raise awareness that, despite political attacks, civil rights laws remain unchanged and continue to protect students.

• Promote programs that increase accessibility and opportunity, such as early outreach and guaranteed college admission initiatives.

• Celebrate and support school districts and states that actively resist divisive agendas and maintain inclusive education.

The Work Continues

Brown v. Board was never just about placing Black and white students in the same classroom. It was about access, equity, dignity, and justice. Seventy-one years later, we are still on the frontlines, working to make those ideals a reality in every school.

As the panelists made clear, Brown's full promise has yet to be realized. It's up to all of us to continue the work it began. The path forward calls on us to not only remember history but actively defend and build on it — for the sake of every student.

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