ERIC Number: ED099459
Record Type: Non-Journal
Publication Date: 1974
Reference Count: N/A
Charles De Felice, et al., Plaintiffs, Against the Board of Education of the City of New York, et al., Defendents. . .[Memoranda Incorporating Findings of Fact and Orders, April 10, 1972 and May 16, 1974; and Memorandum and Order for Judgement, August 8, 1974 Relating to Rezoning of Franklin K. Lane High School, Brooklyn, N. Y.]
District Court, New York, NY. Eastern District of New York.
Plaintiffs are students enrolled in Franklin K. Lane High School, and they sue on behalf of all others similarly situated for an adjudication that their school has been so zoned as to make and keep it a segregated school in spite of its location. They moved to enjoin further enforcement of the school's zoning. The board moved for summary judgment. Both motions were denied. A hearing was set for May 5, 1972 to determine next steps. The board has sought to secure the advantage of integrated education in the face of an ever more intractible housing pattern by ingenious rezoning and an "open admissions" program, which in Brooklyn is not a large-scale expedient. Lane was apparently not a zone from which a student could apply. The projection for open admissions in 1972 is in the order of 1,700 students. What emerges is a recognition of and orientation toward achieving the educational advantages of integration by striving to offset the consequence of the residential pattern without imposing undue disadvantages and hardships. The consequence, however, is that the board's school zoning is specifically advertent to the existence of racial and ethnic imbalances and to the dilution or deprivation of educational opportunity implicit in it, and in its zoning the board deals insistently and directly with the ethnic composition of the schools; where segregation in an objectively invidious sense is the result, it is "de jure" segregation. (Author/JM)
Descriptors: Board of Education Policy, Court Litigation, De Facto Segregation, De Jure Segregation, Desegregation Litigation, Free Choice Transfer Programs, High Schools, Open Enrollment, Public Policy, Racial Segregation, Residential Patterns, School Desegregation, School Zoning, Transfer Policy, Urban Schools
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: District Court, New York, NY. Eastern District of New York.
Identifiers - Location: New York; New York (New York)