An analysis of state and Supreme Court school desegregation cases: The impact of granting unitary status.

摘要

This study reviewed and analyzed the legal and educational impact of court decisions granting unitary status to school districts that have been declared desegregated. This study reviewed literature concerning segregation, desegregation and integration from an educational, legal and socio-economic perspective beginning with the founding of the United States to the present. This study also analyzed fourteen U.S. Supreme Court cases, beginning with Brown v. Topeka (1954) and ending with Missouri v. Jenkins (1995). In addition, numerous U.S. District Court and U.S. Court of Appeals cases were analyzed.; The following seven questions were examined and analyzed to provide guidelines for school administrators as to how best utilize the information that had been reviewed: (1) What specific legal issues has the United States Supreme Court ruled on in the area of school desegregation from 1954-2001? And what has been the educational impact? (2) Has the United States Supreme Court changed its thinking with respect to specific issues in the area of school desegregation? If so, what has been the impact on local school districts? (3) Are there disparities in student performance that are attributable to the segregation status of the school? If so, what are the educational contributions to segregation? (4) What discrepancies, if any, exist between the different state and lower federal court rulings on the current trend of integration/resegregation? (5) Has there been a resurgence of de facto racial segregation that has been furthered by economic segregation? If so, has this created a type of economic segregation? (6) To what extent has the United States Supreme Court maintained the 1968 Green factors that impact or influence school districts to be considered unitary? If the United States Supreme Court has not maintained the 1968 factors, to what extent are the Green factors still used by lower courts and school districts? (7) Are there guidelines which may be developed from U.S. Supreme Court, state, and lower federal court rulings which may assist educators, legislators and others in addressing current desegregation efforts?; Each case was presented in the case brief format. This method provided the name of the case, the court and year in which it was heard, the plaintiff's contentions, the defendant's defense, majority and dissenting opinions, and implications for school administrators. The final chapter presented guidelines for educators and others to follow when considering desegregation efforts. These guidelines were drawn primarily from United States Supreme Court decisions and reviewed by a panel of experts: four school superintendents, four attorneys, and one university president, all of whom have dealt with segregation issues.