ERIC Number: ED061345
Record Type: RIE
Publication Date: 1971
Reference Count: 0
Court Decisions in Key Areas of School Desegregation.
Nakahara, Vernon K.
What the legal responsibilities are surrounding school integration, and areas of desegregation in which the courts themselves appear to be unsure and confused can be determined by examining the numerous court decisions on problems related to school desegregation. It seems clear that delays under the "all deliberate speed" doctrine, or by other means, will no longer be permissible. Staff and teacher desegregation is mandatory in most school districts undertaking to desegregate their schools. "Freedom-of-choice" plans, as a tactic to delay or as a desegregation plan, are no longer considered as realistic means of achieving meaningful school desegregation. Financial assistance will no longer be given to those districts which fall below the minimum standards set by the Department of Health, Education and Welfare. Ability grouping, although not concretely decided upon yet, will not be sustained, as declared in the "Hobsen v. Hansen" case. More and more courts are recognizing the right to transfer. Finally, in the de facto segregation area, although not decided upon by the Supreme Court yet, many lower court decisions have suggested a strong trend toward requiring school officials to desegregate their schools, even if the segregation is caused by factors outside the jurisdiction of school authorities. (Author/JM)
Descriptors: Ability Grouping, Court Litigation, De Facto Segregation, Desegregation Litigation, Desegregation Methods, Desegregation Plans, Educational Opportunities, Equal Education, Federal Aid, Free Choice Transfer Programs, Integration Readiness, Public Schools, School Desegregation, Supreme Court Litigation, Teacher Integration
Publication Type: N/A
Education Level: N/A
Authoring Institution: California Univ., Riverside. Western Regional School Desegregation Projects.