In 1954 the United States Supreme Court handed down its historic decision onracial segregation in Brown v. Board of Education. The Court held that “separate educational facilities are inherently unequal” and that state action in the form of laws expressly providing for racial segregation in public schools is unconstitutional.
In the years since 1954 American courts have had to deal with various southern strategies designed to avoid or at least delay the transition demanded by Brown from segregated to integrated public schools. As a result, the progeny of Brown have extended the concept of state action, increased the pace of school desegregation from “all deliberate speed” to “immediate compliance” and held that the states and their school districts are under a present, continuing and affirmative duty to establish, in each school district, a single nonracial system of public schools.
The latest of southern strategies to emerge has been the establishment of racially segregated private academies by groups and individuals designed to provide a segregated alternative to the public schools’ integrated education. Like its predecessors this latest attempt at thwarting the Brown decision has fared poorly in the courts. In Green v. Connally, these institutions have been stripped of the tax exempt status which they formerly held under section 501(c)(3) of the Internal Revenue Code; and, more importantly, contributions to these schools have been denied the status as tax deductions which they had enjoyed under section 170(c)(2) of the Code.
Within affirmative action cases alone, the Court has never before had to contend with defining a concept such as critical mass. More broadly within racial justice and education, however, vagueness is not a new challenge.
Using the history of Cleveland as a case study to propose school reform policies envisioned around racial and socioeconomic integration.
Link between housing and school segregation; need to talk about racism and its role in school reform
Analysis of sex segregated schools in light of equality/antisegregation principles and positive from an intersectional perspective.
Explores the absence of state-sanctioned barriers to educational access in Latin American, segregation in Brazil and the rhetorical value of Brown v. Board.
Akiesha Anderson∞ “Today, education is perhaps the most important function of state and local governments. . . . [I]t is doubtful that any child may reasonably be expected to succeed in life if . . . denied the opportunity of an education.” Abstract It