Equity in Education Legal Database v0.1
 

Related Laws and Acts

Equal Protection Clause

 

Green v. County School Board of New Kent County
(1968)

Details:

A Virginia school district was using "freedom of choice" plans to desegregate their schools. With no residential segregation, transportation routes overlapped in order to bring students to their chosen schools. De facto segregation continued despite the plan. The Supreme Court determined that it is the school board's responsibility to develop plans that will realistically and quickly integrate schools, not just create the potential for integration.

 

Applications and Implications:

  • School boards must take active and effective measures to integrate public schools.
  • While freedom of choice plans are not inherently discriminatory, if they are not succeeding in desegregating schools, the court may order a change in policy.
  • Strict scrutiny applies in determining whether a government agency's policies are sufficient attempts to desegregate schools.

 

Touro Law Center Project PATCH. (n.d.). Green v. School Board of New Kent County. Retrieved Feb 22,2008, from http://tourolaw.edu/Patch/Green/.
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