ERIC Number: ED194952
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
Recent Desegregation Developments--Dayton and Columbus: A Tale of Two Cities.
McCarthy, Martha M.
Federal courts have been charged with devising relief that corrects unconstitutional school segregation since the Supreme Court's historic decision against state-approved dual school systems in "Brown v. Board of Education of Topeka" in 1954. The split decisions of the Supreme Court in segregation cases during the 1970s have made it difficult to ascertain stable principles for making decisions at lower judicial levels. During the early 1970s it appeared that the effects of school board actions were a sufficient test of their constitutionality. In the later 1970s the motives behind the school board actions became the test. Decisions handed down in two Ohio cases heard by the Supreme Court in 1979 indicate that the burden of proof can once again be shifted to school boards to prove their actions are intended to remedy prior segregatory behavior if it can be shown that prior to 1954 segregatory policies and acts were being carried out with official intent. This document discusses the reasoning of the courts in these two cases and the implications of their decisions. (Author/PGD)
Descriptors: Board of Education Role, Court Litigation, Desegregation Litigation, Elementary Secondary Education, Federal Courts, Legal Responsibility, Racial Segregation, School Desegregation
Not available separately; see EA 012 963.
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Columbus Board of Education v Penick; Columbus Public Schools OH; Dayton Board of Education v Brinkman; Dayton Public Schools OH; Supreme Court
Note: Chapter 3 of "School Law in Contemporary Society" (EA 012 963). For related documents, see EA 012 963-980.