In Keyes v Denver School District, 1973, the Supreme Court distinguished between state-mandated segregation (de jure) and segregation that is the result of private choices (de facto), thus allowing for de facto segregation.Key Legal Actions on Educational Equity and Segregation In 2020, there has been a resurgence of court action regarding states’ responsibility to provide educational opportunity. Several legal actions, including three Supreme Court decisions, fractured the strength of Brown. We continue to struggle with what it means to provide a high quality education to all. The consequences of segregation for racial and ethnic minority students and students from low-income communities often translates into an experience of isolation from opportunity. Richard Rothstein, author of The Color of Law, notes that schools are more segregated today than at any time in the last 45 years. However, history and our present health crisis have shown that this is not the case. The court’s unanimous ruling outlawed racial segregation in public schools, citing a violation of the equal protection clause under the Fourteenth Amendment.įor some, the fight for the opportunity for an equal education culminated with this decision. May 17 marks the 66th anniversary of the historic 1954 Supreme Court decision in Brown vs. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms. Today, education is perhaps the most important function of state and local governments… In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. In the Brown decision, Supreme Court Chief Justice Earl Warren wrote:
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