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It was 50 years ago that the lie of separate but equal was exposed as untrue and unconstitutional. And it was a lie, a belief that African-Americans were different, inferior, and unworthy of the full measure of our nation's promise. It was a lie. And as with all lies truth eventually prevails.

In my view, Brown v. The Board of Education is one of our most important decisions in our nation's history. Now, I'm not a lawyer or historian. But the best laws are understandable and they're evident to everyone, not just to those with legal training, as the common sense, moral way to do things.

As someone who lived through segregation and now serves in a policy making role, I know that Brown made our country more equitable, more just, and more decent. It began as a process to make our citizens and our institutions fully respect every American citizen. The Brown decision ended the myth that there were two kinds of people. We are one, together, one Nation, indivisible.

Today I want to discuss the Brown decision and what it meant for a half of a century and what lessons are to be learned. But I also will argue that we still have a long way to go. That the de facto legacy of segregation remains. Sadly, the vestiges of segregation are alive and well in our country still.

That's why the No Child Left Behind Act is the next logical step to Brown. It addresses the latent segregation, de facto apartheid, that's emerging in some of our educational settings. Like Brown, No Child Left Behind faced resistance. But if we have the will this law will have a powerful and healing impact on our society.

The President and Congress deserve much credit for passing this courageous and necessary legislation. It will make our schools perform well for all students, not just some of our students. The late Benjamin Mayes, the former President of Morehouse said, "The vestiges of racism has tentacles everywhere."

For him and millions of African-Americans racism was more than just geography, more than just unfair laws, more than just history. It was a mental and social disease and manifestations of ignorance and hatred. It's a threat to our collective sanity, a damning critique of our culture. And it's subversive to our Constitution. Because of slavery it's deeply rooted in our nation's history. Because of its steadfast hold on our country, the elimination of racism requires more than just reassuring Sunday School speeches or political proclamations of good will or appeals to religious faith and charity.

The road to a fair and just world demands a clear national commitment, unshakable will, unmistakable legislative action. And all those years ago Dr. Mayes and many others demanded that law, judicial might, and moral reasoning be united in the common cause to overthrow the most obvious and dangerous form of racism, segregation.

Now, I know this firsthand. The powerful grasp of segregation on the minds of millions of Americans is not for me something that's just out in the world. It is personal. From millions of people who otherwise were often pious, law-abiding, sometimes educated, and many times well-meaning, but still participating in this awful way of life I experienced this firsthand.

Some of these people were my neighbors in rural Mississippi. For them segregation was a part of the natural order, a way of life, a mindset about race and ethnicity. They believed, as had generations of Americans before them, that segregation was acceptable, legal, and in the best interest of everybody.

Sometimes I wonder if people who have never lived through that can even imagine it. Let me explain. It offered no hope, no opportunities for change. It wrapped up our world with tentacles reaching into our homes and into our businesses and into our communities and into all of our lives, activities.

But schools bred racism. They encouraged it. Children were taught that separate facilities for education were necessary. And that unequal treatment was somehow manifestly good. Whites were taught to fear blacks. That they were not quite fully human.

Some churches often sustained this view. Many white churches, most, excluded blacks altogether. There was institutional reinforcement in restaurants and in transportation, in higher education, everywhere you looked.

I attended Jackson State and it was a great university. But I really had no choice. I couldn't attend Ol' Miss or Mississippi Southern or Mississippi State. And like many African-Americans in Mississippi I went north for my graduate studies, to Indiana University. In fact, the state paid me to do that.

And like many African-Americans, I resented it as I left. And there was violence and false imprisonment and disappearances and vigilante lynchings. It was legalized violence against minorities who had been brought to this country against their will, suffering oppression for hundreds of years and were finally set free. And still, after that, they found themselves without adequate legal or community protection in many parts of their lives.

The legal system was of no help. The laws were no help. In many cases they justified this hatred. In 1896, Plessy v. Ferguson, the Supreme Court found that segregation could be justified because it established, and get this and I quote, "established usage, customs and traditions of the people with a view to the promotion of their comfort and the preservation of the public peace and good order." In short, customs and traditions, peace and good order were more important than higher Constitutional promises and human acts of decency.

Let me stop to make this point. Mississippi just happened to be my example because I lived there. The problems of segregation were all over our nation. And to the credit of the people in Mississippi they have worked very hard to overcome this legacy of segregation. There's a new world there now. A vast improvement. It takes hard work and long stretches of time, a change in culture to erase those harmful traditions. But the people in Mississippi have worked hard at that and deserve credit.

But fifty years ago the Supreme Court sent seismic shock waves through our country. In his oral argument before the court, Brown v. The Board of Education, Thurgood Marshall said any way you look at segregation you can't take race out of the case. And he's right. This wasn't about state rights only or about other ways of cloaking debate. Segregation was about genetic arguments, about skin color, and about perceptions, period. And about race, period. Finally the doctrine of separate but equal was exposed as unconstitutional and that it was a big lie.

But segregation didn't just disappear right away because of the court's action. The pace of change was slow. And it remains slow. Measured in decades, maybe in generations. Many studies show that Brown didn't trickle down into some states for more than 20 years, and some even later. In other words, well into the seventies there were still some states that practiced a form of legal reasoned segregation in defiance of the Brown decision.

But the unwillingness of the courts to enforce the decision was only one manifestation of the unwillingness to change.

Georgetown law professor Mark Tushnet has written about what he calls "the massive resistance" to Brown. Where countless politicians and governors and state legislators and citizens and schools and social institutions passionately worked to undermine the decision. Court cases were filed and then refiled and refiled again to delay implementation of the decision and to shortcut the results.

There was widespread violence during this time. The sheer magnitude and force of the passive and violent resistance have no domestic equivalent. But in Mississippi and Arkansas and Alabama and Illinois and Massachusetts and Michigan and elsewhere it was like a second civil war.

Our country survived this massive resistance because of the strength of the Constitution of the United States of America and the steadfast courage of many Americans including many individuals who risked their lives for change. People like Oliver Brown, Rosa Parks and Medgar Evers and the freedom riders, Ralph Abernathy and Dr. Martin Luther King.

The martyrdom of Evers and King underlines the many sacrifices that many people made in pursuit of justice in our country. Because of the Brown decision, though, we are a stronger, more equitable nation, and a more just nation. But we still have a long way to go.

I'm aware of the role of educational institutions in the civil rights struggle. They're the front lines of the battle for civil rights. And we've seen this most recently in Bakke and the University of Michigan cases. But it makes sense that these issues would manifest themselves in educational settings. As Justice Warren wrote in Brown, education is perhaps the most important function of state and local government. I agree.

The Supreme Court went to great lengths to note the role of education in daily lives and its importance to our country. As Justice Warren wrote, "Today education is the principle instrument in awaking the child to cultural values." More importantly the court ruled such an opportunity, where the state has undertaken to provide it, is a right which must be made available on equal terms. And I would add, a civil right.

Equality of opportunity must be more than just a statement of law. It must be a matter of fact. And factually speaking, this country does not yet provide equal opportunities for millions of children. That is why the No Child Left Behind Act is so important. After 50 years we still have a lot of work to do.

President Bush recognized this problem and decided to take action. He saw a well documented, if silent, problem, a two-tiered education system in our nation. So some fortunate students, they received a world-class education. Because there are islands of excellence in our nation. Sometimes these islands are in private schools. But some, many times, they're in public schools.

At these schools there are fine teachers, great administrators, tremendous parental support. We have much to be thankful for, for these kinds of schools. But that's not the whole story. There are also millions of students mired in mediocrity, denied a high quality education. We have a right to expect better in our nation. After all, this is the United States of America. We have a right to expect better.

We spend more than any other nation in the world on K-12 education. Just to give you some perspective, in 2003 this nation spent $488 billion, federal, state, and local, on K-12 education. Is it unreasonable to ask that a third grade child be able to read on a third grade level after that kind of national commitment? Yet, in spite of these vast sums, millions of students do not receive the quality education that they deserve, for various reasons. They're passed over and passed on. Students in poorly performing schools may have good teachers, excellent administrators, or even plentiful resources, but maybe not, and many times not.

We saw that many students did not read at grade level. Some are years behind. Some can't read at all. We found similar problems in mathematics. And every indication from every measurement told us that we confronted a deeply divided and desperate education system. Something was wrong. And we needed to know the reasons for underperformance of students in their schools.

And as Marshall reminds us, as he reminded the court in Brown, there's no way you can recover lost school years. There is no rewind button. And I agree, there's no way. There isn't a form of compensation to make up for the lost time for a child sitting in a school that's not serving him well. This is a cardinal, central, principle in this discussion. We must have a system that leaves no child behind.

But millions of children are being left behind. In my view this is wrong. This is immoral. This is unjust, even outrageous.

Some critics felt that the issue was money, but it isn't. The issue is how money is spent, not the amount. There was little taxpayer accountability in our system. Few requirements that the money be spent efficiently or wisely. As a result funds were sometimes spent wisely and sometimes not.

And the issue wasn't just about money or government services. It's about personal things like feeling a part of the society or experiencing intellectual growth or finding the joy of lifetime learning or just being respected in the classroom. It was about learning citizenship because you were equitably treated. It's about belonging to the community because you are viewed as an important part of it. Education is about knowledge, but it's also about finding yourself.

The twin disaster is to be given no intellectual tools and set adrift with no means of finding your way back. This is what we confronted. The educational divide was cruel, vicious, demeaning, disrespectful, degrading. And I believe that when a child is left behind by an educational system, it is an injustice that affects not only the child, but all of us.

I give the President and the Congress much credit for recognizing this problem and tackling it, the President and the Congress. The President promised, if elected he would institute change. And he did. Within four days of assuming the office, he initiated the blueprint that became the No Child Left Behind Act. This was an act that passed the Congress with wide bipartisan support because it is not a Republican issue or a Democratic issue or an independent issue. It is an American issue.

The President immediately signed it. And it became the law of the land. And it is two years old this week. With this law and with this tool we're beginning to address the achievement gap. This law is radical surgery, massive reform. The old way will no longer be tolerated. We demand equity, justice, inclusion, for all children. No child is to be left behind. The name of the law makes it clear.

For the first time in the history of our nation, every state in the union has an accountability plan that has been approved that holds every child at every school to high standards. In every state. That has never happened before in the history of our nation. For the first time parents and teachers will be able to work together based on information that they get, feedback from what happens in the classroom, to be more productive and precise in their instructions.

No Child Left Behind is a rough law, but it is a good law. It focuses attention on the children who most need it, but it benefits all children. Thanks to No Child Left Behind Act I'm proud to report that all across the country communities are empowered with information that they need. And the discussion now is about excellence. The culture and the talk about education across our nation has changed.

This fall, parents will receive information about how well their schools are performing. Schools and teachers will have detailed information about their students' achievement. And parents of students attending high need schools will receive letters telling them that they have options. And there is more federal funding for education at all levels, to get the law implemented, than ever before in the history of our nation, the highest federal support in history.

An example of how this is working is the Earl Hansen Elementary School in Rock Island, Illinois. Look how they've done. More than 70 percent of these students come from low-income families. In fact, the number of students from low-income families rose from 58 percent in '01 to 71 percent in '03. Students from low-income families face significant barriers to achievement but look what has happened here. During that same time test scores rose. And this school was chosen as a spotlight school in Illinois. Which reflects the fact that test scores were high and the provisions of the No Child Left Behind Act, the provisions were met.

One commentator said that the success at this school is due to a simple premise. They expect every child to excel and they find ways to make that happen. This is No Child Left Behind in action. That simply is what it calls for. It's an example that can be replicated across our country. If some schools can succeed like that, others can as well.

No Child Left Behind is a powerful, sweeping law. It is a logical, next step to Brown v. Board of Education, which ended segregation. But now we've got to make sure something happens now that access has been provided.

The ancient Greeks used to say education is freedom. Yes, it is. And No Child Left Behind Act is about freedom and it is about equity. It is about justice. It is about the way we learn about life. In fact, it is life, itself.

Because of the powerful sweep of this change, this revolution, there are some who resist it. And that's to be expected. The resistance to Brown was massive. It took decades and we're still moving forward. And so the resistance to the No Child Left Behind Act is to be expected. But those who fought Brown were on the wrong side of history. Just like those who fight No Child Left Behind will be judged so.

We've come to expect strident resistance to major changes in education, particularly if they change the status quo very much. And particularly if they change some of the establishment's way of seeking to protect itself.

Thankfully, many school districts and principals and teachers are willing partners. And I'm thankful for their patience and for their commitment and their persistence in moving forward with this law. There are going to be snags in the road as we go, as is the case with anything that is as complex as this. But our willing partners understand the process and they understand the need for reform. For those school districts, we're in pretty good shape. But there are still many who think that poor kids can't learn, who think African-American can't learn or Hispanic kids, or minority kids in general. Or they think that "poor children" means "poor students". Such attitudes can become self-fulfilling.

These children can learn. All children can. If we give them the opportunity, the attention, the time, and the resources that they need. That's what this is all about, helping all children learn. That is something that teachers, parents, clergy, educational advocates, civil rights leaders, government officials, business people, and everyone, should want and everyone should demand.

I find it staggering that the very critics, the very critics and organizations that fought so hard for civil rights could leave minority children behind. Some of the very people and very organizations that applauded Brown and worked to implement it are now opposing the No Child Left Behind reform strategies and are comfortable with leaving these children behind. Why? Is it because it exposes some of their special interests? Is it because the opposition is about power, about politics, about pride? But it's clearly not in the best interest of the children.

If those who fear change defeat the national reform in education then division, exclusion, racism and callousness will continue. This is a debate about the profound and lasting consequences on our society. If we lose this debate, millions of children will be harmed by being excluded, ignored, disrespected and undereducated, and then sent out into a world for which they're educationally unprepared. And certainly they won't be competitive. Who among us could want that for any child?

Today we've looked at the past, but we also should look at the future. We can't just shrug our shoulders and act as if racism is a fundamental part of life.

I was very interested in William Raspberry's column in the Washington Post on Monday. He asked his black students at Duke University how long they thought affirmative action should last. Some of them felt that affirmative action should last forever. Raspberry worries that "our young children might be internalizing a sense of inferiority. The implication is, that we are permanently damaged goods, and in permanent need of special concessions."

This sense of nihilism is one of the most destructive aspects of racism. It leads many African-Americans to believe that racism is inherently part of American culture. Well, those students may be right, but I certainly hope not. And I definitely don't believe so. I believe that we can constructively and thoroughly eradicate racism. But we can never do that as long as we do not face the achievement gap which must be eradicated.

And that is why the No Child Left Behind Act is so important. Right up front on its cover it proudly states, "An Act to close the achievement gap through accountability, flexibility, and choice." No Child Left Behind is an aggressive rapid action program to eliminate racism and segregation by closing the achievement gap.

There are some who believe that enforcement of current civil rights laws is enough. It is not enough. Simply enforcing the civil rights laws is not enough. Some of this is embedded in the hearts and minds of people. Further action is required. It cannot co-exist with the achievement gap. If this country firmly is committed to a future where racism is eradicated, then it must recognize that Brown, itself, was a good start but only a start. And that affirmative action is only transitionary. The spell check didn't agree with me on that word, but it's a good word. [Laughter.]

At some point we must eliminate these disparities directly and completely. No Child Left Behind is an effort to do that. It demands that each child is respected, educated, and honored. It does not allow entire classes of children to be undereducated and ignored. We're committed to all children, not just averages or classes or groups or types or categories. We're pledged to educate all children, all children.

At a speech last fall two children who were in attendance came forward and thanked me for helping them. They actually weren't thanking me. They were thanking the No Child Left Behind strategies because the people in their school in compliance with these strategies were giving them the attention that they needed. They were special ed students. And because of that school's compliance with the law, they had programs that included them with other students and they were so deeply appreciative. That's what we want for all children.

So they were receiving a fine education. And they just wanted me to know. In the end it's as simple as that. Those children are the reason that we forge ahead and make education inclusive for all children. We must be mindful that educational opportunity must exist for all children and that racism cannot end as long as there is an achievement gap.

Two score and ten years have passed since Brown. And it may take generations to finally achieve equality of opportunity. But we must make our schools equitable in order to make our society and culture equitable. Because our schools are the leading indicators of our social problems. Our public schools not only serve the public. They, in many ways, create the public. So unless we begin to eliminate racism in schools, other, later, attempts will be much more difficult.

Our work for the future begins now, and it begins in our educational institutions, and most especially in our K-12 schools.

Thank you very much.

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