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What a wonderful world of possibilities have unfolded for the children Ralph Ellison.

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1 What a wonderful world of possibilities have unfolded for the children Ralph Ellison

2 Timeline of Court Cases 1954-Present 1954 Brown vs. Topeka Board of Education Bolling vs. Sharpe1955 Brown vs. Topeka Board of Education II1958 Cooper vs. Aaron1963 Gideon vs. Wainwright1964 Griffen vs. Prince Edward County1968 Green vs. New Kent County1969 Alexander vs. Homes County Board of Education1971 Swann vs. Charlotte-Mecklenburg County U.S. vs. Jefferson County Board of Education1973 Keyes vs. Denver School District No Milliken vs. Bradley1976 Pasadena vs. Spangler1977 Milliken vs. Bradley II1986 Riddick vs. Norfolk City, Virginia School Board1991 Oklahoma City vs. Dowell1992 Freeman vs. Pitts1995 Missouri vs. Jenkins1999 Swann vs. Charlotte- Mecklenburg Schools Capacchione vs. Charlotte- Mecklenburg Schools

3 The history of Brown is dynamic. Assessing its impact is complex. Has Brown worked? If so, what is the evidence? If it has not worked, what was the flaw? Whats a better strategy? Explore the consequences, choices, decisions and policies stemming from Brown and at the end, you are invited to make your own reflections relative to the promise of Brown – fulfilled or unfilled?

4 Pre-Brown Environment Plessy v. F

5 The Strategy

6 The Brown Family

7 Brown V. Board of Education 1954 The Issue Before the Court Does racial segregation of children in public schools deprive minority children of equal protection of the laws under the Fourteenth Amendment? Supreme Court Ruling: The Supreme Court ruled unanimously to end racial segregation in public schools. In 1955, the ruling known as Brown II called for desegregation with all deliberate speed. Source:

8 Did You Know? The case known as Brown was actually 5 cases from different parts of the country consolidated for argument before the Supreme Court. Brown was first because the names were alphabetically listed. Thurgood Marshall actually argued the case from South Carolina. Crucial to the argument was social science theory presented by Kenneth and Mamie Clark that even facilities that were physically equal did not take into account "intangible" factors, and that segregation itself has a deleterious effect on the education of black children

9 1954 Thurgood Marshall with James Nabrit Jr. and George E.C. Hayes after their victory in the Brown v. Board of Education case before the Supreme Court, May 17, Brown Family. Eldest daughter Linda walked past a white public school a few blocks from her home, crossing dangerous railroad tracks and riding a bus for To attend her segregate school.

10 Nettie Hunt and her daughter Nickie on the steps of the U.S. Supreme Court in 1954, after the high court's ruling in the Brown v. Board of Education case that segregation in public schools is unconstitutional. Photo: Bettmann/Corbis

11 Mid 1950s 1954 Virginia's political establishment vows not to comply with the federal court ruling and declares it will maintain school segregation through a campaign that becomes known as "massive resistance." Virginia will close any white public schools that admit African-American students.

12 1957 Little Rock Central High School was to begin the 1957 school year desegregated. On September 2, the night before the first day of school, Governor Faubus announced that he had ordered the Arkansas National Guard to monitor the school the next day. When a group of nine black students arrived at Central High on September 3, the were kept from entering by the National Guardsmen.

13 1957

14 President Eisenhower sent in US troops to protect the students.

15 Schools in Prince Edward County Virginia closed from 1959 to White officials shut down the county's public schools rather than integrate

16 Did You Know – 1950s Selected Jim Crow laws still in existence?

17 1957 President Dwight D. Eisenhower sends federal troops to ensure integration of the all-white Central High School in Little Rock, Ark.

18 Spottswood Thomas Bolling, Jr., twelve years old in 1951, was a Washington, D.C.student who could not attend a brand new junior high school reserved for whites near his home. The NAACP filed suit in his behalf in Bolling v. Sharpe, a case that became a companion to the better known Brown v. Board of Education.

19 Gayle v. Browder The Supreme Court declares city bus segregation laws unconstitutional, thereby ending Montgomery bus boycott Rosa Parks, seated at the front of the "colored" section on a Montgomery bus, refused to give her seat to a white passenger and move farther back. Ms. Parks' arrest launched the 382-day Montgomery bus boycott and, in many respects, the contemporary civil rights movement. LDF assisted local counsel in defending her.

20 Little Rock Nine - In Cooper v. Aaron, LDF won a Supreme Court ruling that barred Arkansas Governor Orval Faubus from interfering with the desegregation of Little Rock's Central High School. Subsequently, the "Little Rock Nine" were escorted to school for several months by the National Guard, which had been federalized by President Dwight D. Eisenhower.

21 1960s Several Supreme Court Decisions ordered States to have plans to racially balance schools and to have desegregation plans that worked. U.S. v. Jefferson County Board of Education (1966) Green v. County School Board of New Kent Count (1968)

22 Six year old Ruby Bridges being escorted to school in

23 Few more images related to school desegregation efforts (Maybe Hunter, Meredith, etc.) Meredith v. Fair James Meredith finally succeeded in becoming the first African-American student admitted to the University of Mississippi through efforts of a legal team led by LDF attorney Constance Baker Motley.

24 Percentage of White Students in Schools Attended by the Average Black Student,

25 1960s Civil Rights Movement in Full Swing Desegregation in other other areas follow 1964 Civil Rights Acts - outlaws race and gender discrimination in voting, public accommodations, and employment. Title VI, which prohibits discrimination in education, becomes a major tool of desegregation efforts.

26 –Greensboro North Carolina Sit-In –Students being refused service at luncheon counter reserved for white customers

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29 February 1, 1960: After passing by Ralph Johns' store on Market Street, Ezell Blair Jr. (Jibreel Khazan), David Richmond, Joseph McNeil, and Franklin McCain enter the Elm Street Woolworth's at 4 p.m., purchase school supplies and "sundry" items. They then approach the lunch counter and order coffee at 4:30 p.m. They are refused service. The four remain in their seats until closing at 5 p.m.

30 Under heavy GUARD, James Meredith is escorted to registration at Ole Miss by Chief U.S. Marshal James McShane (left) and John Doar of the U. S. Justice Department. Mississippi

31 Local Lawmen show what they plan to do to U.S. Marshals, sent to assure the admission of James Meredith as the first black student at the University of Mississippi ("Ole Miss"). Mississippi 1962 Mississippi, 1962

32 Alabama 1963 After being hit from behind and knocked down by a water hose, a woman is picked up and RESCUED by a fellow demonstrator.

33 "Birmingham, 1963" In April 1963 Martin Luther King, Jr., helped launch a series of nonviolent demonstrations in Birmingham, Alabama. Police Commissioner Eugene "Bull" Connor personally supervised a brutal effort to break of the peaceful marches, arresting hundreds of demonstrators and using fire hoses, tear gas, electric cattle prods, and, in this case, attack dogs, as much of the nation watched televised reports in horror. These events and images helped bring the growing movement to something of a climax. Source:

34 In Birmingham, anti-segregation demonstrators lie on the sidewalk to protect themselves from firemen with high PRESSURE water hoses. One disgusted fireman said later, "We're supposed to fight fires, not people."

35 Official Program For the March On Washington

36 Civil Rights Movement in Full Swing Over 250,000 people participated. Martin Luther King was the keynote speaker.

37 Did You Know – 1960s

38 Busing s In 1970 a U.S. judge in North Carolina ordered that black students be bused to white schools and that white students be bused to black schools. This crosstown "school busing," it was hoped, would end the de facto segregation of public schools caused by white students living in predominantly white neighborhoods and black students living in predominantly black neighborhoods.

39 Swann v. Charlotte-Mecklenburg Board of Education No. 281 SUPREME COURT OF THE UNITED STATES 402 U.S. 1 October 12, 1970 April 20, 1971 [*] [*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus The Charlotte-Mecklenburg school system, which includes the city of Charlotte, North Carolina, had more than 84,000 students in 107 schools in the school year. Approximately 29% (24,000) of the pupils were Negro, about 14,000 of whom attended 21 schools that were at least 99% Negro. This resulted from a desegregation plan approved by the District Court in 1965, at the commencement of this litigation. In 1968, petitioner Swann moved for further relief based on Green v. County School Board, 391 U.S. 430, which required school boards to U.S bin/foliocgi.exe/historic/query=[group+case+information!3A][group+402+u!2Es!2E+1!3A]/doc/

40 Richmonds public schools implemented a massive busing plan North Carolina case of Swann vs. Charlotte- Mecklenberg Board of Education, the Supreme Court granted federal judges the authority to order district wide busing to desegregate schools It was the spring of 1971, and the Supreme Court had just approved busing as a tool to desegregate the schools.

41 Keyes v. Denver in 1972 This case actually started in of It was the first ruling on school segregation in the Northern and Western states. The schools were accused of intentional segregation in the school system. It all started when children in Denver schools challenged the school's policy of racial segregation. The courts found that the schools were in fact segregated and the whole school district was presumed illegally segregatedKeyes v. Denver in 1972 This case actually started in of It was the first ruling on school segregation in the Northern and Western states. The schools were accused of intentional segregation in the school system. It all started when children in Denver schools challenged the school's policy of racial segregation. The courts found that the schools were in fact segregated and the whole school district was presumed illegally segregated Keyes v. Denver in 1972 This case actually started in of It was the first ruling on school segregation in the Northern and Western states. The schools were accused of intentional segregation in the school system. It all started when children in Denver schools challenged the school's policy of racial segregation. The courts found that the schools were in fact segregated and the whole school district was presumed illegally segregatedKeyes v. Denver in 1972 This case actually started in of It was the first ruling on school segregation in the Northern and Western states. The schools were accused of intentional segregation in the school system. It all started when children in Denver schools challenged the school's policy of racial segregation. The courts found that the schools were in fact segregated and the whole school district was presumed illegally segregated Keyes v. Denver in 1972 This case actually started in of It was the first ruling on school segregation in the Northern and Western states. The schools were accused of intentional segregation in the school system. It all started when children in Denver schools challenged the school's policy of racial segregation. The courts found that the schools were in fact segregated and the whole school district was presumed illegally segregated

42 Fall, 1972 All grades in Little Rock public schools are finally integrated.

43 1973 – Attention Swifts to the North In Keyes v. Denver School District No. 1, 413 U.S. 189 (1973), the Supreme Court considers the problems of Northern metropolitan segregation for the first time, as well as the rights of Latinos to desegregated education. Justice Powell argues that the harm of segregation is the same whether school segregation is mandated by law (de jure segregation) or produced by other factors (de facto segregation). However, he argues that busing as a remedy should be significantly limited. Source:

44 1974 In 1974, the court invalidated a desegregation plan that involved busing students between heavily black Detroit and its heavily white suburbs. There could be no remedies across district lines for racial imbalance within district lines, without proof that the lines themselves were drawn for racially discriminatory reasons. The case, Milliken vs. Bradley, was a turning point, for it deemed that voluntary "white flight" from urban centers was beyond the power of the courts to remedy.

45 Whites expressed their disapproval of busing on opening day in 1974 by urging their children to boycott classes. The boycott was 90 percent effective. When black students walked out of the school to get on the buses and ride back to their homes in Roxbury, a black ghetto, they were pelted with stones. Once on the buses, the students were hit by shattered glass as hostile crowds of whites threw heavier stones through the bus windows.

46 Black students board a school bus in this September 12, 1974 photo outside South Boston High School as a police officer stands guard.

47 Judge Arthur Garrity issues a plan to desegregate Boston's public schools, ordering the busing of 21,000 students. In response, race riots erupt in high schools in Hyde Park, Roxbury, and South Boston.

48 Antibusing Riot Boston, 1974

49 A Year of Turmoil: 1974

50 Anti Busing Demonstration April 5, 1976 Stanley Formans Pulitzer Prize winning photo was published in the Boston Herald This picture shows a white man ramming a flagpole, with American flag attached, into the chest of a black man during a demonstration over the enforced busing of schoolchildren from Dorchester to South Boston.

51 Congress prohibits the department of Health Education and Welfare from threatening to withhold federal funds to force school districts to bus students beyond the schools nearest their homes as a means of achieving racial integration. Source: Can we add the votes from Congress?

52 Did You Know? In August 1979, the ACLU and a group of black parents reopen the original Brown case in Topeka, arguing that twenty-five years after the decision many of the city's schools remain racially segregated. Boston is the city where public education began and the city with the first Jim Crow school system. Boston is the city where public schools were first integrated and where, a hundred years later, the struggle for integration had to be fought all over again. *In October, 1787, fourteen blacks, describing themselves as taxpaying "freemen" of Boston (Massachusetts abolished slavery in 1783), submitted a petition to the legislature protesting that their children were excluded from the Boston public schools because of their race. "We, therefore, must fear for our rising offspring to see them in ignorance in a land of gospel light," the black petitioners wrote, beseeching the Great and General Court to make some provision "for the education of our dear children." Some of the petitioners had been patriots in the revolution, and all considered themselves citizens of the Commonwealth. Deliberately echoing the protests of the Sons of Liberty, they complained to the legislature of taxation without education. *The Politics of Black Education, 1780– Tony Hill

53 September 28, 1977 At the 20th anniversary of the desegregation crisis, Ralph G. Brodie, the '57-58 student body president, spoke a special occasion at Central where he paid tribute to the "moderate, quiet voices" who urged compliance with the law and an end to the crisis that eventually closed the four high schools at Little Rock for a year. He said only a small group of Little Rock residents were responsible for the city's bigoted, violent and prejudiced image, adding, "But for most of us, that image remains entirely undeserved." He addressed three of the Little Rock Nine who were present: "You've done much to assure the rights of others. Yours were acts of courage, and I salute you."

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55 Brown II in 1979 Brown II in 1979 In November of 1979 the Brown case was once again reopened because the courts found out that the Topeka schools were still segregated in some way. The school district formed a policy called "open enrollment." It would permit students to transfer from school to school as they pleased.Brown II in 1979 In November of 1979 the Brown case was once again reopened because the courts found out that the Topeka schools were still segregated in some way. The school district formed a policy called "open enrollment." It would permit students to transfer from school to school as they pleased. In November of 1979 the Brown case was once again reopened because the courts found out that the Topeka schools were still segregated in some way. The school district formed a policy called "open enrollment." It would permit students to transfer from school to school as they pleased.

56 Percentage of White Students in Schools Attended by the Average Black Student,

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58 Time line or did you know In July 1971, as Commanding Officer of USS Jouett (DLG-29), Captain Gravely was promoted to Rear Admiral. He was the first African-American to achieve Flag Rank in the Navy. In September 1976, Vice Admiral Gravely assumed command of the Third Fleet. During , he was Director of the Defense Communications Agency. Vice Admiral Samuel L. Gravely, Jr., retired from the Navy on 1 August In the fall of 1970 Angela Davis was placed on the FBI's Ten Most Wanted List when she was charged with being an accessory in the attempted escape of prisoners from the Marin County (California) Courthouse. In that escape attempt, a white judge and four blacks were killed, among them, Jonathan Jackson, a close friend of Angela Davis. She was accused of supplying him with some of the weapons used in the shoot-out.

59 Ali v. The Division of State Athletic Commission Federal district court holds that New York violated Muhammed Ali s constitutional rights when it stripped him of his boxing license after his conviction for refusing to be inducted into military service, while granting licenses to others convicted of violent felonies including murder and rape.

60 Hawkins v. Town of Shaw The United States Court of Appeals for the Fifth Circuit holds that discrimination in the provision of municipal facilities violates equal protection Norwood v. Harrison The Supreme Court rules that States could not provide free textbooks to segregated private schools established to allow whites to avoid public school desegregation Keyes v. School District No. 1, Denver The Supreme Court established legal rules governing school desegregation cases outside the South, holding that where deliberate segregation was shown to have affected a substantial part of a school system, the entire district must ordinarily be desegregated.

61 Adams v. Richardson A federal appeals court approved a district court order requiring federal education officials to enforce Title VI of the 1964 Civil Rights Act (which bars discrimination by recipients of federal funds) against state universities, public schools, special schools for handicapped students, and other institutions that received federal money Ham v. South Carolina The Supreme Court ruled that defendants are entitled to have potential jurors interrogated about whether they harbor racial prejudices.

62 McDonnell Douglas Corp. v. Green The Supreme Court holds that individuals complaining of unlawful discrimination are entitled to have their cases heard in court if they can make the minimal showing that they are qualified for a job, applied for it and were rejected but the job either remained open or was filled by a white person.

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64 Richard M. Nixon elected President of United States. Niel Armstrong becomes first man to walk on the moon. First word uttered from the moon was: "Houston"" the Eagle has landed, followed." Liquor by the drink begins again in Texas after 50 years. Toledo Bend Reservoir completed. Nixon goes to Red China to re-establish diplomatic relations, first since WW II. Voting age lowered from 21 to 18 by constitutional amendment. Alabama-Coushatta's Indian Reservation awarded certificates for 12 State Champion trees.

65 Watergate Scandal erupts in Washington D. C. on June 17, On January 27, 1973, Vietnam peace pacts were signed in Paris. U. S. troops left the county on March 29th. On August 9, 1974, Richard M. Nixon resigns as President of the United States as a result of the Watergate controversy. Gerald R. Ford became the 38th President. Lyndon Johnson died of a heart attact on November 22, Billionaire Howard Hughes died on April 6, l976. On July 4, l976, America celebrated its bicentennial. Legionnaires disease struck 29 persons at he Bellevue-Stratford Hotel in Philadelphia. American Legion national convention was in that city July 21-24, l976. OPEC oil embargo leads to long lines at the gas pump in l973. Roe-vs-Wade decision of Supreme Court was handed down in Mrs. Iva Hurst sponsored a Bell Ringing Program on Courthouse yard to celebrate the 91st birthday of the grand old structure. American Revolution Bicentennial celebrated in Center on December 13, 1975.

66 Jimmy Carter, first President from the old South, inaugurated as President of United States in January of According to 1980 census, Texas has 3rd largest state population Paul Ross appointed Sheriff of Shelby County. Ran successfully for several more terms.

67 January 1, 1970 Richmond City adds 23 miles of neighboring Chesterfield County (a predominantly white county) to help integrate Richmond City schools. March 1970 Richmond School Board adopts grade pairing desegregation plan created by HEW. In Lamar, South Carolina, two school buses transporting students to a newly integrated school are overturned.* June 26, 1970 District Court Judge Robert R. Merhige, Jr. rejects Plan I (pairing plan) because of residential segregation.Judge Robert R. Merhige, Jr. August 1970 Both black and white Richmond City school teachers participate in federally funded integration training program.*** August 7, 1970 District Court approves only as an temporary solution. The court requires a third, new plan to be submitted within 90 days. August 31, 1970 On the first day of school in Richmond City, approximately 5,000 white students are missing; 13,000 out of 50,000 students in the city are bused; Virginia Governor Linwood Holton personally escorts his daughter Tayloe to predominantly black John F. Kennedy High School - the school she was assigned to under Judge Merhige's busing plan.Linwood Holton December 5, 1970 Judge Merhige rules that the counties of Henrico and Chesterfield, as well as the Virginia State Board of Education, have the legal duty of helping Richmond desegregate its public schools. Judge Merhigedesegregate January 1971 Judge Merhige rules that the desegregation level in Richmond public schools is poor; Richmond Public School students bully Virginia Transit Company bus drivers to obtain free rides.** Judge Merhige April 5, 1971 To speed up the desegregation process, Judge Merhige orders mass busing in addition to student and faculty reassignments. April 12, 1971 The US Supreme Court in Swann v. Charlotte - Mecklenburg Board of Education approves the use of extensive busing to promote school desegregation which upholds Judge Merhige's order of mass busing in Richmond. September 1971 In Chattanooga,Tennessee, schools resume opening after explosion damages a high school. In Lubock, Texas, a 16-year- old Black student was shot and killed in the hallway of an integrated high school by a 15-year-old white student. In Jacksonville, Florida, a bus driver finds a bag containing 14 sticks of dynamite planted under her school bus. A high school in Ayden, North Carolina is bombed.* Black families demand that Richmond City's school system be combined with those of Henrico and Chesterfield counties to prevent white-flight to those counties and effectively resegregating city schools.white-flight January 10, 1972 Judge Merhige approves the county-city school merger. February 1972 To protest the county-city school merger decision, county residents drive 108 miles from Richmond to Capitol Hill in Washington DC in a 3,261 car motorcade. June 5, 1972 Fourth Circuit Court of Appeals overturns Judge Merhige's school merger order.Judge Merhige's May 21, 1973 The US Supreme Court upholds Circuit Court's decision to overturn school merger Supreme Court rules in Milliken v. Bradley that school desegregation through school system mergers is illegal Plan G consolidates seven high schools into three - Marshall- Walker, Armstrong-Kennedy, and Jefferson-Hugeunot-Wythe. Plan G

68 1970--School Board supporters of desegregation recalled; state legislature invalidates Board desegregation plan Legislature mandates Detroit Public Schools decentralize into 8 regions, each with own Board; NAACP files civil rights case alleging district complicity in segregation; School Board adopts magnet school plan Detroit, Inc. issues report urging reduction in administrative expenses, distribution of more power to regions and communities, and increased parental involvement U.S. Supreme Court rules in Milliken v. Bradley against allowing a desegregation plan that crossed school district lines from Detroit into its suburbs Arthur Jefferson appointed first African-American Superintendent of Detroit District runs first in a series of budget deficits, ranging from a low of $10 million to a high of $160 million in

69 1980s When faced with mandates to desegregate districts that had long had rapidly declining white and middle class enrollment, many districts and courts adopted limited plans that desegregated part of the student population and that emphasized choice. Such plans often took the form of implementing magnet schools or controlled choice plans. (Harvard Civil Rights – Multicultural report) 69

70 The US president, Richard Nixon, has appeared on national television to announce "peace with honor" in Vietnam. The ceasefire will begin at midnight on Saturday 27 January Nixon announces Vietnam peace deal

71 1974Timeline Richard Nixon has announced he is stepping down as president of the United States - the first man ever to do so.

72 Percentage of White Students in Schools Attended by the Average Black Student,

73 Did You Know – 1980s

74 1991 The Supreme Court rules in Board of Education of Oklahoma City v. Dowell that school districts can be released from desegregation plans after taking all "practicable" steps to eliminate the legacy of segregation. This ruling substantially altered the Supreme Courts position on desegregation cases and made it more likely that school districts would be declared unitary and freed from further court supervision. Court rules school districts are not responsible for remedying the segregated housing patterns that occur locally. Source for 90s text

75 1990s

76 : The Supreme Court rules in Freeman v. Pitts that a Georgia school district doesn't have to meet all six "Green Factors" established in a previous Supreme Court decision (proven desegregation in student assignment, faculty, staff, transportation, extracurricular activities and facilities) to be released from court supervision on any one. The upshot is the court will allow schools to desegregate incrementally.

77 Monroe Elementary School - Topeka, Kansas - Became a National Historical Site in 1992

78 1995 Supreme Court rules in Missouri v. Jenkins that low minority achievement scores are not evidence of a district's failure to desegregate, taking the "achievement gap" off the table in the legal discussions of education equity.

79 September 1999 A district court in North Carolina dissolves the 30 year old desegregation order in the landmark Swann case, announcing that the Charlotte-Mecklenburg school district has remedied its past discrimination and that the schools must be returned to local control.

80 Percentage of White Students in Schools Attended by the Average Black Student,

81 Did You Know?

82 The Promise of Brown Fulfilled or Unfilled? Brown cited equal opportunity to education as a linchpin to success in all areas of life for African Americans. –Today it (education) is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.

83 In meaningful areas of life, how have things changed for African Americans?

84 Income Black medium income 60% of White medium income


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