ERIC Number: ED082272
Record Type: RIE
Publication Date: 1973
Reference Count: 0
Public School Desegregation: Legal Issues and Judicial Decisions. ERIC/CEM State-of-the-Knowledge Series, Number Twenty-four. NOLPE Second Monograph Series on Legal Aspects of School Administration, Number Three.
Hudgins, H. C., Jr.
In this monograph, the author presents a history of court decisions that outlawed public school segregation, reviews these decisions, and examines the problems of decision implementation that followed. The texts of some of the opinions delivered by the various courts are presented. Various relevant concepts are also set out in the context of their legal/historical settings, such as tracking, separation-within-the-school, de facto and de jure segregation, zoning, busing, freedom of choice, transferring, grade-a-year and option plans, faculty desegregation, and affirmative powers. The landmark Brown vs Board of Education of Topeka decision is studied with regard to impact, along with other historical segregation rulings. Regarding the problems of court segregation ruling implementation, the author discusses delays, the role of private and neighborhood schools, zoning, and assignment within schools. Judicial restraints and the courts' occasional "get tough" rulings concerning zoning strategies are examined. The author also reviews the courts' relationship to the freedom of choice plans, presenting early decisions, opinions of the plans, and the development of further court "tests." The court's review and eventual disallowance of the "grade-a-year" desegregation plans and the construction and pairing of schools are also discussed in some detail. (Editor/EA)
Descriptors: Ability Grouping, Bus Transportation, Court Litigation, De Facto Segregation, De Jure Segregation, Free Choice Transfer Programs, Racial Factors, School Desegregation, Zoning
National Organization on Legal Problems of Education, 825 Western Avenue, Topeka, Kansas 66606 ($3.50)
Publication Type: N/A
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.; ERIC Clearinghouse on Educational Management, Eugene, OR.