The Litigious Future of Desegregation

Paul, James C. N.
November 1955
Educational Leadership;Nov1955, Vol. 13 Issue 2, p110
This article discusses several stratagems of resistance or avoidance, which may possibly be adopted by some communities attempting to circumvent the U.S. Supreme Court's mandate bringing segregation to an end in public schools of the U.S. Under the two decisions local school boards have a legal duty to proceed. For while all boards do have a present legal obligation to desegregate, probably the only immediate sanction to coerce compliance in the absence of voluntary effort is for parents to start litigating. As a second alternative, a state legislature, fixing a "preserve the status quo" policy for its local school boards might re-enact the school segregation laws and also pass a statute cutting off state revenue from any board which attempted mixed attendance. The assignment method provides that each local school board, or some special board in the nature of an adjunct of the local board, will select for each child in that particular district an appropriate school and enroll him in it. Also, in many urban areas, redistricting school attendance areas may re-suit in little mixed attendance because of existing residential patterns.


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