Equity in Education Legal Database v0.1
 

Related Laws and Acts

Due Process

Equal Protection Clause

 

  

Swann v. Charlotte-Mecklenburg Board of Education
(1971)

Details:

Several years of operation under a court approved desegregation plan had not resulted in integration. The district court imposed a more aggressive plan involving busing and the creation of common attendance areas grouping mostly black schools with mostly white schools. The school district challenged, but the Supreme Court decided that seeking racial balance as an individual school target, relative to the make-up of the district, is permissable so long as the plan does not involve rigid quotas.

 

Applications and Implications:

  • Redrawing attendance lines is an acceptable integration solution.
  • Burden of proof is on the district to show that de facto segregation is non-discriminatory.
  • It is important to note that the schools involved were within the same district, as opposed to Milliken v Bradley (1974) and (1977).

 
Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 220-221.
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