Chapter Outlines:

(Blue text denotes legislation or court cases)

Chapter 12: School Desegregation
I. De Jure Segregation
A. Racial segregation derived from enforcement of law
1. Illegal, unconstitutional, and does not exist today
a) initiated or supported by government action
b) intent or motive to discriminate
c) must result in creating or increasing segregation
B. Historical Background
1. Plessy v. Ferguson (1896)
2. Brown v. Board of Education (1954)
a) landmark case banning de jure segregation
b) segregation in public schools is denial of due process of law
under 5th Amendment
c) no guidance or mandated time frame to desegregate
II. Brown II Implementation
A. Ruled to ensure implementation of Brown I - eliminate dual systems &
establish unitary systems
B. Cases remanded to federal district courts with school authorities holding
responsibility to desegregate with all deliberate speed
1. Rogers v. Paul (1965)
a) Required immediate desegregation of students and facilities
2. Green v. County School Board of New Kent County
a) The only school desegregation plan that meets
constitutional standards is one that works.
3. Swann case
a) Leading case in defining the scope of the duty to eliminate de
jure segregation and a dual school system.
C. Racial Balances or Racial Quotas
1. A common goal is to see that school authorities do not exclude anyone
based on account of race.
2. Cannot possibly address all problems of racial prejudice, even when
they contribute to differing racial concentrations
3. Gave discretionary powers of federal district courts to implement
desegregation plans.
III. Intra-District Segregation
A. Attendance Zones
1. Pairing, clustering, and grouping of noncontiguous school zones to
achieve desegregation and racially neutral student assignments
2. The objective of zoning was to create racially neutral schools, but
they were not always accepted by the courts, because it was not
evidence that desegregation alone.
B. One Race Schools
1. Predominantly one race schools require scrutiny to ensure it is due to
state-enforced segregation
2. Led to majority-to-minority transfer provision
C. Remedial Altering of Attendance Zones
1. Maps do not show best zoning options due to accessibility, traffic
patterns, highways, general conditions
D. Transportation of Students
1. An objection of time and distance is valid when it risks health of kids
of impinges of educational process (**age of students**)
2. Reasonableness, workable, effective, and realistic
IV. Busing and Desegregation
A. Supreme Court holds that busing based on race is necessary and legitimate to
carry out desegregation
1. Many schools, as a part of their desegregation plan, transport
students to schools outside of their neighborhoods.
V. Free Transfer and Freedom of Choice Program
A. No provision for transferring to a school where student was minority unless
they could show good cause = violates 14th Amendment
B. Actually resegregated schools as almost no students requested transfers
C. De Jure Segregation (see I. A. in outline)
D. De Facto Segregation
1. Segregation or racial imbalance created by housing patterns
independent of government influence
2. In reality, a covert form of de jure segregation
3. Necessary to ensure equality of educational opportunities
E. Faculty Desegregation
1. Courts ruled students were being denied equal educational
opportunities with only teachers of one race
2. School districts have to formulate nonracial objective criteria for
retention and employment of teachers
F. Student Classification and Desegregated Public Schools
1. Typically, black and Latino students are attending schools that are
separate and unequal, poor funding and low SES.
2. Resegregating due to lack of continual court supervision
3. Parents Involved in Community Schools v. Seattle School District No. 1
4. Meredith v. Jefferson County Board of Education
a) Affirmed the importance of racial diversity but limited options
that school districts may choose.
G. Latino Students and Racial Diversity
1. Lau et al. v. Nichols
a) Deprivation of English instruction is denial of meaningful
education
2. Flores v. Arizona
VI. No Child Left Behind and Civil Rights
A. Since passed, it is an integral component of the U.S. Civil Rights Movement
B. Proponents say NCLB is a measure to focus efforts on traditionally neglected
students
C. Opponents say NCLB cite school choice, high stakes testing, and punitive
sanctions
D. Seeking Unitary Status
1. School officials claim they do not need court supervision because they
are putting forth good faith efforts.
2. Board of Education of Oklahoma City Public Schools v. Dowell (1972)
a) courts control over a district is limited to time necessary to
remedy vestiges
3. Freeman v. Pitts (1969)
a) Court relinquished control over four areas that were unitary
but maintained control of two areas that were not yet unitary.
b) Ruling was rejected in appeal, as a district could not be
unitary unless in compliance in all areas.
c) Supreme Court reversed ruling stating that incremental
approach was constitutional. The district is to demonstrate all
possible efforts have been taken to eliminate vestiges of
segregation.
VII. Challenges involving school desegregation
A. There are still zoning inequalities that exist (Tuscaloosa, AL, 2007)
B. Court cases still occurring involving race and student assignment plans,
transfer requests, minority teacher assignments, etc.