ERIC Number: ED215647
Record Type: RIE
Publication Date: 1982-Mar-21
Reference Count: 0
Desegregation within Institutions of Higher Education: What Remedies Does the Law Require?
von Euler, Mary
As a basis for arriving at appropriate desegregation legal theory and policies, the case law in higher education, analogous case law from elementary and secondary education, and additional insights provided by social science, experience, and common sense are examined. The following issues are reviewed: (1) whether the desegregation of higher education requires the elimination of one-race institutions; (2) what must be done to ensure that students have genuinely free choice, and the institutional characteristics that affect choice; and (3) how much desegregation is required of black colleges. Drawing on court opinions, it is argued that the law requires a state to prove that any substantial racial disproportion in its enrollment results from genuinely free, voluntary decisions by students. Vestiges of the dual system that often serve as institutional barriers to free choice and that impede dismantling the racially dual system are addressed. Barriers include a century of underfunding of black colleges, resulting in inadequate programs and facilities; disproportionately one-race student bodies and faculties that racially identify institutions; a social atmosphere at white colleges that may be inhospitable to black students; counseling of black students into community colleges and black colleges; and testing and poor remedial education programs at white colleges that deter black students from completing their college education. It is suggested that private decisions, institutional behavior, and governmental acts interact and affect desegregation in a complicated way. (Author/SW)
Descriptors: Black Colleges, Black Students, College Choice, College Desegregation, Court Litigation, Decision Making, Desegregation Litigation, Elementary Secondary Education, Equal Education, Government School Relationship, Higher Education, Institutional Characteristics, Laws, Legal Responsibility, Racial Composition, Whites
Publication Type: Opinion Papers; Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the American Educational Research Association (New York, NY, March 21, 1982).