Kevin Huffman of the Washington Post (and executive vice president of public affairs at Teach for America) considers the case of the Ohio mother who was released last week from jail after a felony conviction for sneaking her two daughters into a higher-performing school district so they wouldn’t have to attend the lousy Akron city schools. Substitute Akron for any low-performing district in New Jersey and read along:

In this country, if you are middle or upper class, you have school choice. You can, and probably do, choose your home based on the quality of local schools. Or you can opt out of the system by scraping together the funds for a parochial school.

But if you are poor, you’re out of luck, subject to the generally anti-choice bureaucracy. Hoping to win the lottery into an open enrollment “choice” school in your district? Good luck. How about a high-performing charter school? Sure – if your state doesn’t limit their numbers and funding like most states do. And vouchers? Hiss! You just touched a political third rail.

The intellectual argument against school choice is thin and generally propagated by people with myriad options. If we let the most astute families opt out of neighborhood schools, the thinking goes, those schools lose the best parents and the best students. The children stuck behind in failing schools really get hurt.

But kids are getting hurt right now, every day, in ways that take years to play out but limit their life prospects as surgically as many segregation-era laws. We can debate whether lying on school paperwork is the same as refusing to move to the back of the bus, but the harsh reality is this: We may have done away with Jim Crow laws, but we have a Jim Crow public education system.