§ 2000c et seq., 2000d et seq., 2000h-2. Court's landmark decisions in Brown v. Board of Education of

In the context of the state-imposed segregated pattern of long standing, the fact that in 1965 the Board opened the doors of the former "white" school to Negro children and of the "Negro" school to white children merely begins, not ends, our inquiry whether the Board has taken steps adequate to abolish its dual, segregated system. Charles C. Green et al. v. County School Board of New Kent County, Of course, the availability to the board of other more promising courses of action may indicate a lack of good faith; and at the least it places a heavy burden upon the board to explain its preference for an apparently less effective method. have been instituted in all-Negro schools in some school districts in a manner that tends to discourage Negroes from selecting white schools." Brown II was a call for the dismantling of well-entrenched dual systems tempered by an awareness that complex and multifaceted problems would arise which would require time and flexibility for a successful resolution. With him on the brief were Solicitor General Griswold, Assistant Attorney General Pollak, Lawrence G. Wallace, and Brian K. Landsberg. The racial

school. Associate Justice William Brennan, writing for the The Department of Health, Education, and Welfare issued regulations covering racial discrimination in federally aided school systems, as directed by 42 U.S.C. had declared separate schools to be "inherently unequal" but did not define the Respondent School Board maintains two schools, one on the east side and one on the west side of New Kent County, Virginia. See also Griffin v. County School Board, 377 U.S. 218, 232-234.

Society: "The Green Decision of 1968", 145 Ednam Drive, Charlottesville, VA 22903-4629. nation to comply with Brown and integrate their

. The respondent School Board continued the segregated operation of the system after the Brown. The burden on a school board today is to come forward with a plan that promises realistically to work, and promises realistically to work now. school, but just schools." 4th Cir. In 1998 the New Kent School There is no universal answer to complex problems of desegregation; there is obviously no one plan that will do the job in every case. However, on August 2, 1965, five months after the suit was brought, respondent School Board, in order to remain eligible for federal financial aid, adopted a "freedom of choice" plan for desegregating the schools. Accord, Kemp v. Beasley, 389 F.2d 178 (C.A. READ_DATE. facilities." The views of the United States Commission on Civil Rights, which we neither adopt nor refuse to adopt, are as follows: "Freedom of choice plans, which have tended to perpetuate racially identifiable schools in the Southern and border States, require affirmative action by both Negro and white parents and pupils before such disestablishment can be achieved. [Footnote 1] One statute, the Pupil Placement Act, Va.Code § 22-232.1 et seq. Pp. The New Kent "freedom of choice" plan is not acceptable; it has not dismantled the dual system, but has operated simply to burden students and their parents with a responsibility which Brown II placed squarely on the School Board. CERTIORARI TO THE UNITED STATES COURT OF APPEALS. The suit, which sought Under that Act, children were each year automatically reassigned to the school previously attended unless, upon their application, the State Board assigned them to another school; students seeking enrollment for the first time were also assigned at the discretion of the State Board.
part, threatened to curtail federal funding to localities refusing to In three years of operation not a single white child has chosen to attend Watkins school and although 115 Negro children enrolled in New Kent school in 1967 (up from 35 in 1965 and 111 in 1966) 85% of the Negro children in the system still attend the all-Negro Watkins school. Petitioners contend this would result in a more efficient system by eliminating costly duplication in this relatively small district while at the same time achieving immediate dismantling of the dual system. Bowman v. County School Board, supra, n. 3, at 332 (concurring opinion). Watson v. City of Memphis, supra, at 373 U. S. 529; see Bradley v. School Board, supra; Rogers v. Paul, 382 U. S. 198. 42 U.S.C. 78 Stat. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.

conjunction with PBS, 2009.

The Court of Appeals for the Fourth Circuit, en banc, 382 F.2d 338, [Footnote 3] affirmed the District Court's approval of the "freedom of choice" provisions of the plan but remanded the case to the District Court for entry of an order regarding faculty, "which is much more specific and more comprehensive" and which would incorporate in addition to a "minimal, objective time table" some of the faculty provisions of the decree entered by the Court of Appeals for the Fifth Circuit in United States v. Jefferson County Board of Education, 372 F.2d 836, aff'd en banc, 380 F.2d 385 (1967). The School Board operates one white combined elementary and high school [New Kent], and one Negro combined elementary and high school [George W. Watkins]. .

In the light of the command of that case, what is involved here is the question whether the Board has achieved the "racially nondiscriminatory school system" Brown II held must be effectuated in order to remedy the established unconstitutional deficiencies of its segregated system. plan.
IX, § 140 (1902); Va. Code § 22-221 (1950). Web. They will also consider the adequacy of any plans the, defendants may propose to meet these problems and to effectuate a transition to a racially nondiscriminatory school system. § 2000d. It is incumbent upon the district court to weigh that claim in light of the facts at hand and in light of any alternatives which may be shown as feasible and more promising in their effectiveness. Const., Art. The national office of the National were commonly named for a prominent African American; however, during the The respondent School Board continued the segregated operation of the system after the Brown decisions, presumably on the authority of several statutes enacted by Virginia in resistance to those decisions. Const., Art. Moreover, whatever plan is adopted will require evaluation in practice, and the court should retain jurisdiction until it is clear that state-imposed segregation has been completely removed. to "convert promptly to a system without a 'white' school and a 'Negro' There are no attendance zones. But that argument ignores the thrust of Brown II. ", It was such dual systems that 14 years ago Brown I held unconstitutional and a year later Brown II held must be abolished; school boards operating such school systems were required by Brown II "to effectuate a transition to a racially nondiscriminatory school system." Where it offers real promise of aiding a desegregation. board's "freedom of choice" plan as a satisfactory effort to integrate local IX, § 140 (1902); Va. Code § 22-221 (1950). 686, 688, 98 L.Ed. The courts, as did federal courts elsewhere, accepted the school

45 CFR §§ 80.180.13, 181.1-181.76 (1967). Syllabus. . By 1968, the U.S. Supreme Court had lost patience with the slow pace of school integration. Yet we emphasized that the constitutional rights of Negro children required school officials to bear the burden of establishing that additional time to carry out the ruling in an effective manner "is necessary in the public interest and is consistent with good faith compliance at the earliest practicable date." 349 U.S. at 349 U. S. 301. Held: MR. JUSTICE BRENNAN delivered the opinion of the Court. Congress, concerned with the lack of progress in school desegregation, included provisions in the Civil Rights Act of 1964 to deal with the problem through various agencies of the Federal Government. and conducted race-relations training sessions. Ten years after the U.S. Supreme Court declared "separate but equal"

Id., at 300.

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