ERIC Number: ED381863
Record Type: Non-Journal
Publication Date: 1994-Mar
Reference Count: N/A
Equity, Excellence and School Reform: A New Paradigm for Desegregation.
Ruiz, Celia M.
The questions of what a school system must show in order to be declared "desegregated" continue to be defined by the Supreme Court. This paper presents an overview of the original "Brown v. Board of Education" decision and the large body of case law that has evolved from it. Although over 500 school districts have been ordered to desegregate over the last 40 years, very few of these schools have been found by the courts to have completed the process, that is, declared "unitary." The first section reviews the original "Brown" holding and the establishment of court supervision of school boards' implementation of desegregation plans. The second section explores how courts applied the "Brown" mandate and created the vague terminology at issue in modern desegregation litigation. The final section reviews the "compensatory education" alternative, which focuses on improving education for minority students by means other than strict numerical integration, as well as the special problems found in districts with two or more minority groups. It is concluded that with the exception of demands for compensatory and remedial measures like those proposed in "Milliken II," further litigation carries no great promise for improving education for most students. The central tenet of "Brown" is in danger of being lost amidst voluminous paperwork and clever legal arguments. (Contains 78 footnotes.) (LMI)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Sponsor: Department of Education, Washington, DC.
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Brown v Board of Education