Copyright © Allyn & Bacon 2008 Chapter 12 School Desegregation This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

Copyright © Allyn & Bacon 2008 De jure segregation De jure segregation is segregation that is sanctioned by law as was the case in Brown I. De jure segregation is segregation that is sanctioned by law as was the case in Brown I. Because the equal protection clause essentially covers state action, it prohibits state endorsed discrimination. Because the equal protection clause essentially covers state action, it prohibits state endorsed discrimination.

Copyright © Allyn & Bacon 2008 Brown v. Board of Education Four separate cases from Kansas, South Carolina, Virginia, and Delaware were consolidated and decided in Brown. Four separate cases from Kansas, South Carolina, Virginia, and Delaware were consolidated and decided in Brown. In each case, black students sought admission to segregated schools in their communities. In each case, black students sought admission to segregated schools in their communities.

Copyright © Allyn & Bacon 2008 Three states, South Carolina, Virginia, and Delaware had statutes that called for segregated schools. Three states, South Carolina, Virginia, and Delaware had statutes that called for segregated schools. Kansas permitted but did not require segregated schools. The four states relied on the separate but equal decision in Plessy v. Ferguson to defend their position. Kansas permitted but did not require segregated schools. The four states relied on the separate but equal decision in Plessy v. Ferguson to defend their position.

Copyright © Allyn & Bacon 2008 The U.S. Supreme Court disagreed and held for the students. The U.S. Supreme Court disagreed and held for the students. Students cannot be discriminated against in their attempts to attend school on the basis of race. Students cannot be discriminated against in their attempts to attend school on the basis of race. The Fourteenth Amendment guarantees equal protection under the law for students attending public schools. The Fourteenth Amendment guarantees equal protection under the law for students attending public schools.

Copyright © Allyn & Bacon 2008 Segregation sanctioned by a state deprives minority children equal educational opportunities. Segregation sanctioned by a state deprives minority children equal educational opportunities. Separate but equal schools based on race are inherently unequal and unconstitutional. Separate but equal schools based on race are inherently unequal and unconstitutional.

Copyright © Allyn & Bacon 2008 Brown v. Board of Education (Brown II) Brown II’s ruling was fashioned to ensure proper implementation of Brown I. Brown II’s ruling was fashioned to ensure proper implementation of Brown I. These cases were remanded to federal district courts based on their proximity to local school districts. These cases were remanded to federal district courts based on their proximity to local school districts.

Copyright © Allyn & Bacon 2008 This ruling mandated that school authorities be delegated the authority to implement its ruling in good faith and with all deliberate speed. This ruling mandated that school authorities be delegated the authority to implement its ruling in good faith and with all deliberate speed.

Copyright © Allyn & Bacon 2008 The ruling in Brown II was handed down as a means of expediting the ruling in Brown I. The ruling in Brown II was handed down as a means of expediting the ruling in Brown I. Brown II remanded desegregation cases to federal district courts because of their close proximity to local school districts. Brown II remanded desegregation cases to federal district courts because of their close proximity to local school districts.

Copyright © Allyn & Bacon 2008 Swann v. Charlotte-Mecklenburg Board of Education Swann was a leading case in defining the scope of the duty to eliminate de jure segregation and a dual school system. Swann was a leading case in defining the scope of the duty to eliminate de jure segregation and a dual school system. The objective in Swann was to ensure that school authorities excluded no student of a racial minority from any school directly or indirectly based on race. The objective in Swann was to ensure that school authorities excluded no student of a racial minority from any school directly or indirectly based on race.

Copyright © Allyn & Bacon 2008 The use of mathematical ratios was only a beginning point in the process of shaping a remedy for eradicating segregated schools. The use of mathematical ratios was only a beginning point in the process of shaping a remedy for eradicating segregated schools. If an optional majority to minority transfer provision is implemented, transferring students must be granted free transportation. If an optional majority to minority transfer provision is implemented, transferring students must be granted free transportation.

Copyright © Allyn & Bacon 2008 Pairing and grouping on noncontiguous school zones is a permissible tool and should be considered in light of the objectives sought by the school district. Pairing and grouping on noncontiguous school zones is a permissible tool and should be considered in light of the objectives sought by the school district.

Copyright © Allyn & Bacon 2008 An objection to transportation of students may be valid when the time and distance of travel is so great as to either risk the health of children or significantly impinge on the educational process. An objection to transportation of students may be valid when the time and distance of travel is so great as to either risk the health of children or significantly impinge on the educational process.

Copyright © Allyn & Bacon 2008 De Facto Segregation De Facto segregation is present when a substantial number of students enrolled in a school represent a racial and ethnic minority. De Facto segregation is present when a substantial number of students enrolled in a school represent a racial and ethnic minority. This situation developed through no action taken by the school district. This situation developed through no action taken by the school district.

Copyright © Allyn & Bacon 2008 The courts did, however, mandate that corrective action be taken in instances where school officials gerrymandered (altered) school attendance zones to create zones with large concentrations of black students assigned to historically black schools within the district. The courts did, however, mandate that corrective action be taken in instances where school officials gerrymandered (altered) school attendance zones to create zones with large concentrations of black students assigned to historically black schools within the district.

Copyright © Allyn & Bacon 2008 District courts may alter attendance zones and may devise zones based on grouping and pairing schools and may require busing to achieve desegregation. District courts may alter attendance zones and may devise zones based on grouping and pairing schools and may require busing to achieve desegregation. District courts may disallow patterns of school construction and abandonment that create a dual system of education. District courts may disallow patterns of school construction and abandonment that create a dual system of education.

Copyright © Allyn & Bacon 2008 Plans devised that result in substantially segregated schools are illegal. Plans devised that result in substantially segregated schools are illegal. Conduct on the part of the school board that is designed to create and maintain segregated schools clearly violates the Fourteenth Amendment and the Brown holding. Conduct on the part of the school board that is designed to create and maintain segregated schools clearly violates the Fourteenth Amendment and the Brown holding.

Copyright © Allyn & Bacon 2008 Seeking Unitary Status School districts across the nation have filed for unitary status. School districts across the nation have filed for unitary status. They have essentially made the claim that they have operated in good faith and made a concerted effort to achieve desegregated schools. They have essentially made the claim that they have operated in good faith and made a concerted effort to achieve desegregated schools. Based on these efforts, they are requesting that they be relieved of court supervision. Based on these efforts, they are requesting that they be relieved of court supervision.

Copyright © Allyn & Bacon 2008 A good faith incremental approach to achieving unitary status is acceptable by the courts and considered to be constitutional. A good faith incremental approach to achieving unitary status is acceptable by the courts and considered to be constitutional. Achieving unitary status in some areas may lead to relinquished judicial control, even when some other areas have not achieved unitary status. Achieving unitary status in some areas may lead to relinquished judicial control, even when some other areas have not achieved unitary status.

Copyright © Allyn & Bacon 2008 Through relinquishing control in areas deemed to be unitary, a school district may effectively focus on the areas in need of further attention. Through relinquishing control in areas deemed to be unitary, a school district may effectively focus on the areas in need of further attention.