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Under the current state of the law in the area of desegregation, to what extent can a school system consider race when establishing school boundaries?
2. What, if anything, can a school system do to try to deal with the achievement gap that exists between students of different races?
The desegregation of public schools became the “law of the land” in 1954 when the Supreme Court held, in Brown v. Board of Education, 347 U.S. 483 (1954), that as a matter of Constitutional law “separate but equal” cannot stand. As a result, the Supreme Court and a number of District Courts and Courts of Appeal subsequently issued decisions indicating how school systems should desegregate their schools by fashioning “steps which promise realistically to convert promptly to a system without a ‘white’ school and a ‘Negro’ school, but just schools.” (Green v. County School Board, 391 U.S. 430 (1968), and further decisions, to clarify the point at which schools were “unitary” and no longer needed to be under the authority of the courts to desegregate.)
Russo, C. J. (2015). The law of public education (9th ed.). St Paul, MN: Foundation Press.
Board of Education of Oklahoma City Public Schools, Independent School District No. 89 Oklahoma v. Dowell, 498 U.S. 237 (1991) p 1247 – 1252
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) I & II – 1222 – 1226
Freeman v. Pitts, 503 U.S. 467 (1992) p1252 – 1259
Missouri v. Jenkins, 515 U.S. 70 (1995) p 1259 – 1267