1. Schools and Segregation For ELPS 200, Spring 2009

2. Racial segregation in schools… a) …was brought to end by Brown v. Board (1954). b) …has decreased since the 1970s. c) …has remained at similar levels since the 1980s. d) …has increased since the 1970s.

8. The most segregated racial demographic… a) African American students b) Latino/a students c) Native American students d) Asian American students e) White students

9. “Though white students in 2005-6 were in schools with more minority students than in the past, they were still the most segregated population, being in schools that were 77 percent white, on average, in a country with 57 percent white students.”

12. Supreme Court cases shortly after Brown 1955 - “Brown II” 1958 - Cooper v. Aaron 1968 - Green v. County School Board of New Kent County 1971 - Swann v. Charlotte-Mecklenburg Board of Education 1974 - Milliken v. Bradley

13. “Brown II” (1955) “…with all deliberate speed”

14. Cooper v. Aaron (1958) Arkansas States have to comply with the Court’s ruling on desegregation.

15. Green v. County School Board of New Kenty County (1968) Eliminate symptoms of segregation “root and branch” “Green factors”: desegregation of transportation, student assignment, teaching staff, extracurricular activities, and facilities

16. Swann v. Charlotte-Mecklenburg County Board of Education (1971) Highly segregated schools in Charlotte due to population distribution Bussing as a remedy for segregation

17. Milliken v. Bradley (1974) Brown did not demand “any particular racial balance in each ‘school, grade, or classroom’” Bussing across district lines only if one is deliberately segregated as a result of policy “The world was made safe for white flight.” -Thomas Friedman

18. Recent Supreme Court cases 1991 - Board of Ed. of Oklahoma City v. Dowell 1992 - Freeman v. Pitts 1995 - Missouri v. Jenkins 2007 - Parents v. Seattle 2007 - Meredith v. Jefferson County Board of Ed.

19. Board of Ed. of Oklahoma City v. Dowell (1991) Test for “unitary” status: whether “had complied in good faith with the [original segregation degree” and “the vestiges of past de jure segregation had been eliminated to the extent practicable” “the purposes of the desegregation litigation had been fully achieved” Supreme Court adopted a standard that accommodated ending court oversight.

20. Freeman v. Pitts (1992) Atlanta school district mostly to residential patterns Plaintiffs sought bussing, gerrymandering, etc. to facilitate integration School districts are not responsible for “external” factors contributing to segregation

21. "Racial balance is not to be achieved for its own sake. It is to be pursued where racial imbalance has been caused by a constitutional violation. Once the racial imbalance due to the de jure violation has been remedied, the school district is under no duty to remedy imbalance that is caused by demographic factors. [...] Where resegregation is not a product of state action but of private choices, it does not have constitutional implications. It is beyond the authority and beyond the practical ability of the Federal Courts to try to counteract to these kinds of continuous and massive demographic shifts.” -Justice Kennedy

22. Missouri v. Jenkins (1995) Noted that Brown only restricts de jure racial inequality, not de facto racial inequality.

23. Parents Involved in Community Schools v. Seattle School District no. 1 (2007) Race as a “tiebreaker” in student assignment Achieving a racial balance is not a “compelling state interest”

24. Meredith v. Jefferson County Board of Ed. (2007) Racial quotas Race cannot be the sole factor in student assignment

25. “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” “Racial balancing is not transformed from 'patently unconstitutional' to a compelling state interest simply by relabeling it ‘racial diversity.’” - Justice Roberts

26. Is racial integration better achieved through “colorblindness” or through forceful measures?

27. The Present Currently, more than 43% of the students in the U.S. are non-white. "Five of the last seven Presidents [as of 2007] actively opposed urban desegregation and the last significant federal aid for desegregation was repealed 2[8] years ago in 1981.” Statistics indicate that school segregation is on the rise.