Copyright 2002 The Washington Post


The Washington Post
September 16, 2002 Monday
Final Edition
SECTION: A SECTION; Pg. A17

LENGTH: 1367 words

HEADLINE: Civil Rights Watchdog Once Outspoken Critic;
Education Official Softens Controversial Views

BYLINE: Michael A. Fletcher, Washington Post Staff Writer

BODY:


During his career as a conservative activist and public policy provocateur, Gerald A. Reynolds never seemed to mind trumpeting his opinions, even if that meant stirring a little controversy.

Once-noble civil rights groups, he has said, have lost their way. Race-based affirmative action, he wrote, is often no more "than a corrupt system of preferences, set-asides and quotas that discriminate in favor of certain groups at the expense of others." Jesse Jackson, he opined, is a "charlatan." And he said he doesn't know whether it's true, but he has heard that some schools use quotas to comply with Title IX, the law outlawing sex discrimination in federally funded education programs.

But now that Reynolds, 39, is the U.S. Department of Education's assistant secretary for civil rights, his rhetoric has been fine-tuned. In a dossier assembled after President Bush nominated him to the post last September, the New York City-reared lawyer is described not as opposed to race-conscious affirmative action, but as supportive of "community-based" affirmative action. He is no longer disparaging of civil rights groups' continued search for racial injustice, but grateful for their principled contributions to racial equality. And when it comes to Title IX, he said, he is simply a supporter.

It's not that Reynolds's opinions have changed. Instead, he said, they just are not relevant to his new job.

"My personal views and things I might have done in an earlier life, that's one thing," Reynolds said during an interview in his spacious Department of Education office. "I'm here to implement the president's vision, not my own."

It is Reynolds's job to patrol the nation's schools for discrimination, in everything from placements in gifted-and-talented classes to special education programs and advanced placement. The office also oversees schools and colleges to ensure that athletic spending and higher education funding policies are equitable. The post is one of the most important civil rights enforcement jobs in the federal government, fielding more than 5,000 complaints a year.

"Discrimination is going to always be an issue," Reynolds said. "There always is going to be a knucklehead out there who will make a decision based on race or gender. We need the tools to go after those people."

Such declarations seem to offer little comfort to the women's and civil rights groups that waged a bruising campaign against Reynolds's nomination and continue to question his commitment to civil rights enforcement.

"The NAACP finds Reynolds's stated views on equal opportunity programs, such as affirmative action, to be appalling," said Hilary O. Shelton, the civil rights group's chief Washington lobbyist.

The ADA Watch Coalition, which monitors enforcement of laws protecting the rights of the disabled, urged members to oppose Reynolds. The group accused him of showing "disdain not only for the means by which we protect the civil rights of students, but also for the government's involvement in this protection."

The ferocity of the opposition stalled for months Reynolds's nomination in the Senate Committee on Health, Education, Labor and Pensions. Finally, President Bush decided to circumvent the uncertainty of confirmation and gave Reynolds a recess appointment in March. The appointment is good through next year, Reynolds said.

His appointment heightened concerns among some civil rights activists about the president's agenda. Already leery because of what they view as the rampant use of racial profiling in the war on terrorism and an inadequate response to the voting problems that haunted the 2000 presidential election in Florida, the activists were outraged that Reynolds was now the Department of Education's lead civil rights enforcer.

Nearly six months into his term, many of Reynolds's opponents remain deeply suspicious of his aims, despite his repeated assurances that his only goal is to enforce the law.

"There is distinction between things I think are bad policy and what I think is required by law," he said. "It would be better if people could point to what I've done."

Since taking office, Reynolds has visited five of the civil rights office's 12 regional offices. At each stop, he told subordinates that he expects consistent enforcement of the law, narrowly tailored agreements to settle violations raised in civil rights complaints and employee performance appraisals that recognize outstanding work.

"This notion of treating everyone the same is not a good idea," he said of the employee performance reviews. "It does not create the right incentives."

Policy-wise, he has moved cautiously. Earlier this year, Reynolds and other department officials announced plans to explore new rules making it easier for school districts to establish single-sex schools and classes, which previously were widely viewed as forbidden by the department.

Also, in June, the Bush administration announced formation of a blue-ribbon panel to reevaluate Title IX. Reynolds says the commission, co-chaired by former WNBA star Cynthia Cooper and Stanford University Athletic Director Ted Leland, is aimed at ensuring fairness in education programs for both sexes. The 15-member panel includes a wide range of athletic directors, former female athletes, coaches and other sports figures, most of whom owe their careers to Title IX and would appear unlikely to weaken its enforcement.

Still, some of Title IX's most ardent proponents worry that the panel, which began public hearings last month, is a ruse to undermine a law that has withstood repeated court challenges throughout its 30-year history. At minimum, they say, the panel's review is an unnecessary distraction.

"Instead of enforcement, what we have is a period of uncertainty surrounding Title IX," said Marcia D. Greenberger, co-president of the National Women's Law Center. "What it does is leave a sense around the country that these policies are up for grabs."

The controversy that has surrounded Reynolds's appointment is nothing new to the Department of Education's civil rights office, which frequently finds itself at the center of contentious battles over race and education.

Reynolds's Clinton administration predecessor, Norma V. Cantu, faced withering criticism for what some conservative opponents viewed as pressuring local school systems into adopting bilingual education programs. Also, Cantu angered her detractors when she chose to investigate a complaint charging that the University of California was discriminating against blacks and Hispanics by complying with a state law outlawing the use of race as a factor in admissions.

Michael L. Williams, who held the post under President George H.W. Bush, ignited a firestorm of criticism from the left when he initiated regulations saying that many race-specific scholarship programs were discriminatory.

Before being named to the civil rights post, Reynolds worked as senior regulatory counsel for Kansas City Power & Light Co. Earlier, he was president of the Center for New Black Leadership, a conservative think tank based in Washington. Reynolds also worked as a legal analyst for the Center for Equal Opportunity, a public interest law firm that has initiated a series of lawsuits across the country challenging race-based affirmative action programs.

Reynolds is the son of a New York City policeman. He was raised in the South Bronx, before moving to a working-class section of Flushing, Queens. He attended public schools and the City University of New York at York College before receiving his law degree from Boston University.

Reynolds says he owes much of his career success to his family, which not only provided a bulwark of support but helped him develop a love of learning. "My father had a thirst for knowledge, and a devotion to reading -- a love that he passed on to me," Reynolds said.

Similarly, he said, an emphasis on education and healthy home environments would go a long way toward narrowing many of the yawning racial disparities that remain in the country.

"Education is the answer to many civil rights issues," he said. "Education gives poor kids the skills they need to succeed in the marketplace."

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