Equity in Education Legal Database v0.1
 

Related Laws and Acts

Due Process

Equal Protection Clause

 

McNeal v. Tate County School District (1975)

Details:

A recently desegregated school district implemented an ability testing-based classroom tracking plan. The plan resulted in lower-level classes that were all-black and advanced classes that were all-white. The Fifth Circuit Court determined that the grouping plan resulted in de jure resegregation, and that since other grouping plans can be used without such an effect, the plan was unconstititional.

 

Applications and Implications:

  • While tracking programs are not inherently illegal under law, if the program results in segregation, it may be determined to be representative of an intent to discriminate.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 302-303.
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