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ERIC Number: EJ777105
Record Type: Journal
Publication Date: 2007-Oct
Pages: 4
Abstractor: ERIC
Reference Count: N/A
ISBN: N/A
ISSN: ISSN-0036-6439
Desegregation Dead? Not in This Court Decision
Sneed, Maree
School Administrator, v64 n9 p30-33 Oct 2007
This article discusses the interpretations of the court's ruling in "Parents Involved in Community Schools v. Seattle School District 1." The decision handed down June 28, the last day of the Supreme Court's term, does not prohibit school districts from voluntarily integrating schools as long as the school district meets certain legal requirements. In its 5-4 decision, the Supreme Court ruled that the voluntary integration plans developed by the school districts in Seattle, Washington, and Jefferson County, Kentucky, violated the Equal Protection Clause of the 14th Amendment. The concurring opinion by Justice Anthony Kennedy and the dissenting opinion by Justice Stephen Breyer, which was joined by three other justices, made clear, however, that five justices (a majority of the court) found preventing the harms of racial isolation and providing the educational benefits of diverse enrollments are compelling interests and school districts may use race as a factor as long as the use is in a narrowly tailored manner to achieve these compelling interests. In addition, in his concurrence, Justice Kennedy indicates that school districts can use race-conscious measures in a number of areas, such as siting of schools and drawing of attendance boundaries, without raising constitutional concerns.
American Association of School Administrators. 801 North Quincy Street Suite 700, Arlington, VA 22203-1730. Tel: 703-528-0700; Fax: 703-841-1543; e-mail: info@aasa.org; Web site: http://www.aasa.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Kentucky; Washington