Racial Imbalance in the Public Schools: A Survey of Legal Developments |
Common terms and phrases
240 Parsons Avenue 9 Race Rel achieve AFFIRMATIVE DUTY assigned attendance zones basis of race BELL DOCTRINE Blocker Board of Education Board's action cent Negro Civil Rights Commission color blind Constitution Court of Appeals decision desegregation district lines Educa elemen eliminate de facto Emphasis added existing segregation facto segregation facts Federal courts Federal District Court Fourteenth Amendment GERRYMANDERING grade Hillsboro schools Ibid Illegal segregation imposed segregation junior high school jure large number Lincoln School Lincoln zone ment Montclair Negro children Negro pupils Negro student population neighborhood school policy NOTES NOTES NOTES Ohio Civil Rights Parsons Avenue Columbus plaintiffs predominantly Negro school predominantly white public schools race or color racial integration racial segregation reassignment Regional Office Room require ruled school authorities school zones segregation of students statute Supp tary school three elementary schools tion U. S. District Court U. S. Supreme Court Valley School Webster School white students wholly or predominantly
Popular passages
Page 5 - We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Page 24 - Painter in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school.
Page 5 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Page 18 - Where such segregation exists it is not enough for a school board to refrain from affirmative discriminatory conduct. The harmful influence on the children will be reflected and intensified in the classroom if school attendance is determined on a geographic basis without corrective measures. The right to an equal opportunity for education and the harmful consequences of segregation require that school boards take steps, insofar as reasonably feasible, to alleviate racial imbalance in schools regardless...
Page 24 - Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession.
Page 5 - ... tangible' factors may be equal, deprive the children of the minority group equal educational opportunities? We believe that it does. ". . . To separate them . . . (Negro children) . . . from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone . . . "We conclude that in the field of public education the doctrine of separate but equal...
Page 7 - The defendant argues, however, that the neighborhood school policy is a reasonable and educationally sound one, and thus that it is not violating the Constitution in adhering to it. But, this argument ignores the essential nature of the plaintiffs' position. They are not attacking the concept of the neighborhood school as an abstract proposition. They are, rather, attacking its application so as to deny opportunities guaranteed to them by the Constitution. It is a legal truism that "acts generally...
Page 20 - ... to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems.
Page 13 - ... nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.
Page 15 - In a publicly supported, mandatory state educational system, the plaintiffs have the civil right not to be segregated, not to be compelled to attend a school in which all of the Negro children are educated separate and apart from over 99 per cent of their white contemporaries.