copyright © allyn & bacon 2008 chapter 12 school desegregation this multimedia product and its...

Copyright © Allyn & Bacon 2008

Chapter 12 Chapter 12 School DesegregationSchool Desegregation

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De jure segregationDe jure segregation De jure segregation is De jure segregation is

segregation that is sanctioned by segregation that is sanctioned by law as was the case in law as was the case in Brown IBrown I. .

Because the equal protection Because the equal protection clause essentially covers state clause essentially covers state action, it prohibits state action, it prohibits state endorsed discrimination. endorsed discrimination.


Brown v. Board of EducationBrown v. Board of Education

Four separate cases from Kansas, Four separate cases from Kansas, South Carolina, Virginia, and South Carolina, Virginia, and Delaware were consolidated and Delaware were consolidated and decided in decided in BrownBrown. .

In each case, black students sought In each case, black students sought admission to segregated schools in admission to segregated schools in their communities. their communities.


Three states, South Carolina, Three states, South Carolina, Virginia, and Delaware had statutes Virginia, and Delaware had statutes that called for segregated schools. that called for segregated schools.

Kansas permitted but did not require Kansas permitted but did not require segregated schools. The four states segregated schools. The four states relied on the separate but equal relied on the separate but equal decision in decision in Plessy v. FergusonPlessy v. Ferguson to to defend their position. defend their position.


The U.S. Supreme Court disagreed The U.S. Supreme Court disagreed and held for the students. and held for the students.

Students cannot be discriminated Students cannot be discriminated against in their attempts to attend against in their attempts to attend school on the basis of race. school on the basis of race.

The Fourteenth Amendment The Fourteenth Amendment guarantees equal protection under guarantees equal protection under the law for students attending public the law for students attending public schools. schools.


Segregation sanctioned by a state Segregation sanctioned by a state deprives minority children equal deprives minority children equal educational opportunities. educational opportunities.

Separate but equal schools based on Separate but equal schools based on race are inherently unequal and race are inherently unequal and unconstitutional. unconstitutional.


Brown v. Board of Education Brown v. Board of Education (Brown II)(Brown II)

Brown II’sBrown II’s ruling was fashioned to ruling was fashioned to ensure proper implementation of ensure proper implementation of Brown IBrown I. .

These cases were remanded to These cases were remanded to federal district courts based on their federal district courts based on their proximity to local school districts. proximity to local school districts.


This ruling mandated that school This ruling mandated that school authorities be delegated the authorities be delegated the authority to implement its ruling in authority to implement its ruling in good faith and with all deliberate good faith and with all deliberate speed. speed.


The ruling in The ruling in Brown II Brown II was handed was handed down as a means of expediting the down as a means of expediting the ruling in ruling in Brown IBrown I. .

Brown IIBrown II remanded desegregation remanded desegregation cases to federal district courts cases to federal district courts because of their close proximity to because of their close proximity to local school districts. local school districts.


Swann v. Charlotte-Mecklenburg Swann v. Charlotte-Mecklenburg Board of EducationBoard of Education

SwannSwann was a leading case in defining was a leading case in defining the scope of the duty to eliminate de the scope of the duty to eliminate de jure segregation and a dual school jure segregation and a dual school system. system.

The objective in The objective in SwannSwann was to was to ensure that school authorities ensure that school authorities excluded no student of a racial excluded no student of a racial minority from any school directly or minority from any school directly or indirectly based on race. indirectly based on race.


The use of mathematical ratios was The use of mathematical ratios was only a beginning point in the process only a beginning point in the process of shaping a remedy for eradicating of shaping a remedy for eradicating segregated schools. segregated schools.

If an optional majority to minority If an optional majority to minority transfer provision is implemented, transfer provision is implemented, transferring students must be transferring students must be granted free transportation. granted free transportation.


Pairing and grouping on Pairing and grouping on noncontiguous school zones is a noncontiguous school zones is a permissible tool and should be permissible tool and should be considered in light of the objectives considered in light of the objectives sought by the school district. sought by the school district.


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


De Facto SegregationDe Facto Segregation

De Facto segregation is present De Facto segregation is present when a substantial number of when a substantial number of students enrolled in a school students enrolled in a school represent a racial and ethnic represent a racial and ethnic minority. minority.

This situation developed through no This situation developed through no action taken by the school district. action taken by the school district.


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


District courts may alter attendance District courts may alter attendance zones and may devise zones based zones and may devise zones based on grouping and pairing schools and on grouping and pairing schools and may require busing to achieve may require busing to achieve desegregation. desegregation.

District courts may disallow patterns District courts may disallow patterns of school construction and of school construction and abandonment that create a dual abandonment that create a dual system of education. system of education.


Plans devised that result in Plans devised that result in substantially segregated schools are substantially segregated schools are illegal. illegal.

Conduct on the part of the school Conduct on the part of the school board that is designed to create and board that is designed to create and maintain segregated schools clearly maintain segregated schools clearly violates the Fourteenth Amendment violates the Fourteenth Amendment and the and the BrownBrown holding. holding.


Seeking Unitary StatusSeeking Unitary Status

School districts across the nation School districts across the nation have filed for unitary status. have filed for unitary status.

They have essentially made the They have essentially made the claim that they have operated in claim that they have operated in good faith and made a concerted good faith and made a concerted effort to achieve desegregated effort to achieve desegregated schools. schools.

Based on these efforts, they are Based on these efforts, they are requesting that they be relieved of requesting that they be relieved of court supervision. court supervision.


A good faith incremental approach to A good faith incremental approach to achieving unitary status is achieving unitary status is acceptable by the courts and acceptable by the courts and considered to be constitutional. considered to be constitutional.

Achieving unitary status in some Achieving unitary status in some areas may lead to relinquished areas may lead to relinquished judicial control, even when some judicial control, even when some other areas have not achieved other areas have not achieved unitary status. unitary status.


Through relinquishing control in Through relinquishing control in areas deemed to be unitary, a school areas deemed to be unitary, a school district may effectively focus on the district may effectively focus on the areas in need of further attention. areas in need of further attention.

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