ERIC Number: ED473339
Record Type: Non-Journal
Publication Date: 2002-Nov
Reference Count: N/A
The "Good Faith" Requirement in School Desegregation Cases.
Patin, Charles L., Jr.; Gordon, William M.
The good-faith requirement in school desegregation was initially discussed by the United States Supreme Court in "Brown II." However, it was not until recently, in "Freeman v. Pitts," that the Court was to provide a definitive statement as to the meaning of the requirement, indicate the need for specific findings with respect to it, and announce it as a prerequisite for school unitary status. After giving historical background on this requirement, this paper discusses actions school districts should take to demonstrate good faith. Some steps include taking voluntary action to increase levels of desegregation in schools, implementing majority-to-minority transfers, instituting magnet programs designed to attract a desegregated student body, and offering racially integrated"experience programs." Schools seeking unitary status can maintain a history of good-faith implementation of the court's orders; conduct a compliance audit; and hold discussions with stakeholders, interested citizens, the press, and the media to provide information, assess, and promote the climate within the school district as it relates to desegregation activities. An attachment describes the origin and development of the good-faith requirement in "Freeman v. Pitts," and discusses the kinds of actions school districts should undertake in its aftermath. (RT)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A