• `Freedom of Choice` Educational Plans and Their Implications for Desegregation

Running Head : Civil Rights and Education System

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Date Introduction

The breaking down of imposed racial separation , normally known as desegregation , has always been a fundamental aim of the civil rights movement in United States and was given special impetus by the Supreme Court 's 1954 decision in Brown v . Board of Education that ruled segregated schools unconstitutional . Imposed separation or isolation on a race or class from the rest of the population , In the United States segregation has taken two forms legal where

a set of laws such as those that prevailed in the South until the 1960s mandates such separation and de facto segregation , which often prevailed in the North and is enforced by cultural and economic patterns in housing and education rather than by law (Witte , 1991

Segregation of white and Negro children in the public schools of a State solely on the basis of race , pursuant to state laws permitting or requiring such segregation , denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment , even though the physical facilities and other "tangible " factors of white and Negro schools may be equal . The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education , and therefore question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted , but in the light of the full development of public education and its present place in American life throughout the Nation . Bearing in mind that , where a State has undertaken to provide an opportunity for an education in its public schools , such an opportunity is a right which must be made available to all on equal terms . Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities , even though the physical facilities and other "tangible " factors may be equal (Rasell Roltstein , 1993 . It should be noted that the "separate but equal doctrine adopted in Plessey V . Ferguson in the US has no place in the field of public education . Since , the cases are restored to the docket for further argument on specified questions relating to the forms of the decrees (Young Chincy , 1992

These cases come from the States of Kansas , South Carolina , Virginia and Delaware . They are premised on different facts and different local conditions , but a common legal question justifies their consideration together in this consolidated opinion . n each of the cases , minors of the Negro race , through their legal representatives , seek the aid of the courts in obtaining admission to the public schools of their community on a no segregated basis . In each instance , they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race . This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment . In each of the cases other than the Delaware case...