In the course of the subsequent proceedings, the District Court found that public school officials had contributed to racial segregation within that district by means of improper use of zoning and attendance patterns, optional-attendance areas, and building and site selection.
Edgar v. United States, The unwavering decisions of this Court over the past 20 years support the assumption of the Court of Appeals that the District Court's remedial power does not cease at the school district line. various devices that end up with black schools and white schools brought the Equal Protection Clause into effect. 0000014236 00000 n Moreover, due to the fact that the black population is younger than the white population, the concentration of blacks in the cities is even more pronounced for the school-age population. See Hauser, Demographic Factors in the Integration of the Negro, Daedalus 847-877 (fall 1965). By June 1972, only 608 school districts remained. [ Each school board performs state action for Fourteenth Amendment purposes when it draws the lines that confine it to a given area, when it builds schools at particular sites, or when it allocates students. Proc. See also Sturgis v. County of Allegan, 343 Mich. 209, 215, 72 N. W. 2d 56, 59 (1955); Van Fleet v. Oltman, 244 Mich. 241, 244, 221 N. W. 299, 300 (1928); Child Welfare Society of Flint v. Kennedy School District, 220 Mich. 290, 296, 189 N. W. 1002, 1004 (1922). Laws 388.851 (1948), as amended by Act 231, Mich. Pub. U.S., at 16 In 1960 the Oak Park School District, a predominantly white suburban district, annexed the predominantly Negro Carver School District, through the initiative of local officials. Enrolling in a course lets you earn progress by passing quizzes and exams. 0000009371 00000 n U.S. 537 It appears to be in the most academically related areas that the schools of minority pupils show the most consistent deficiencies." School district lines, however innocently drawn, will surely be perceived as fences to separate the races when, under a Detroit-only decree, white parents withdraw their children 1, Denver, Colorado, We are still at an interlocutory stage of a long drawn-out judicial effort at school desegregation. There would have been no, or at least not as many, recognizable Negro schools and no, or at least not as many, white schools, but "just schools," and neither Negroes nor whites would have suffered from the effects of segregated education, with all its shortcomings. [418 Footnote 2 U.S. 717, 811] Cooper v. Aaron, Footnote 23 Accordingly, arrangements were made with Northern High School in the abutting Detroit School District so that the Carver high school students could obtain a secondary school education. U.S. 43 ] In its formal opinion, subsequently announced, the District Court candidly recognized: [ the State Board inevitably knew and understood the significance of this discriminatory act. Summary: Milliken v. Bradley (1974) A suit charging that the Detroit, Michigan public school system was racially segregated as a result of official policies was filed against Governor Milliken. What board or boards would levy taxes for school operations in these 54 districts constituting the consolidated metropolitan area? On March 7, 1972, the District Court notified all parties and the petitioner school districts seeking intervention, that March 14, 1972, was the deadline for submission of recommendations for conditions of intervention and the In 1960 the Detroit system had 46% Negro students and 54% white students, but by 1970, 64% of the students were Negro and only 36% were white. The State, of course, is ordinarily free to choose any decentralized framework for education it wishes, so long as it fulfills that Fourteenth Amendment obligation. But its reason for incapacitating the remedial authority of the federal judiciary in the presence of school district perimeters in the latter context is not readily apparent. U.S. 483 It held that all suburban school districts that might be affected by any metropolitanwide remedy should, under Fed. [418
U.S. 717, 782] U.S. 717, 798] Unless petitioners drew the district lines in a discriminatory fashion, or arranged for white students However, the panel's opinion and judgment were vacated when it was determined to rehear the case en banc, 484 F.2d, at 218. Respondents brought this class action, alleging that the Detroit public school system is racially segregated as a result of the official policies and actions of petitioner state and city officials, and seeking implementation of a plan to eliminate the segregation and establish a unitary nonracial school system. This conclusion is simply not substantiated by the record presented in this case. 199 Footnote 10 401, 495 (DDC 1967). 391 That these broad principles have developed in the context of dual school systems compelled or authorized by state statute at the time of Brown v. Board of Education, 19 We also concluded that a remedy under which there would remain a small number of racially identifiable schools was only presumptively inadequate and might be justified.
[418 Supp., at 917. Some disruption, of course, is the inevitable product of any desegregation decree, whether it operates within one district or on an interdistrict basis. In 1970, for example, the Detroit School Board had begun implementation of its own desegregation plan for its high schools, despite considerable public and official resistance. Zacharias v. Detroit Board of Education, 154 Mich. 584, 590, 118 N. W. 606, 609 (1908). Since the Court chooses, however, to speculate on the feasibility of a metropolitan plan, I feel constrained to comment on the problem areas it has targeted. [418 Would the validity of long-term bonds be jeopardized unless approved by all of the component districts as well as the State? The proofs concerning the effect of Detroit's school construction program were, U.S. 451 . The only "condition that offends the Constitution" found by the District Court in this case is the existence of officially supported segregation in and among public schools in Detroit itself. U.S. 717, 755] Reynolds v. Sims, supra, at 575. Footnote 3 The Court emphasized that "from the point of view of the Fourteenth Amendment, they [the local school board members] stand in this litigation as the agents of the State." . See n. 10, supra. [w]ithin the limitations of reasonable travel time and distance factors." Footnote 24 Serrano v. Priest, 5 Cal. The court's objective is to establish the minimum constitutional framework within which the system of public schools may operate now and hereafter in a racially unified, non-discriminatory fashion. Footnote 8 582, 587 (ED Mich. 1971). The Court of Appeals has acted responsibly in these cases and we should affirm its judgment. 73-434 Argued: February 27, 1974 Decided: July 25, 1974 [ Footnote * ] Together with No. Acts of 1867. to join as additional parties defendant the 85 outlying school districts in the three-county Detroit metropolitan area on the ground that effective relief could not be achieved without their presence. . 18 Kies v. Lowrey, 131 Mich. 639, 644, 92 N. W. 289, 290 (1902), and that "`[e]ducation in Michigan belongs to the State. 484 F.2d, at 241. . Whatever may be the history of public education in other parts of our Nation, it simply flies in the face of reality to say, as does the majority, that in Michigan, "[n]o single tradition in public education is more deeply rooted than local control over the operation of schools . 0000001908 00000 n 335, 338 (1973). Wright v. Council of the City of Emporia, 349 Disparate treatment of white and Negro students occurred within the Detroit school system, and not elsewhere, and on this record the remedy must be limited to that system. What provisions would be made for financing? .
407 The case was again remanded with instructions to proceed immediately to a trial on the merits of respondents' substantive allegations concerning the Detroit school system. Metropolitan treatment of metropolitan problems is commonplace. [418 Without belaboring the details, it is sufficient to Finally, I remain wholly unpersuaded by the Court's assertion that "the remedy is necessarily designed, as all remedies are, to restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct." Since increased utilization of the existing inventory can take up much of the increase in transportation involved in the interdistrict remedy, the District Court found that only 350 additional buses would 73-435, Allen Park Public Schools et al. See Act 101, Mich. Pub. 7 0 obj <> endobj xref 7 27 0000000016 00000 n [ [418 I have no doubt, however, as to its validity under the Fourteenth Amendment. Unless petitioners drew the district lines in a discriminatory fashion, or arranged for white students residing in the Detroit District to attend schools in Oakland and Macomb Counties, they were under no constitutional duty to make provisions for Negro students to do so. As we said in Swann, however: [ [418 , we had a case involving the Virginia school system where local school boards had "exclusive jurisdiction" of the problem, not "the State Board of Education," 462 F.2d, at 1067. Laws 388.851 (1970). 0000004706 00000 n Art. In United States v. Scotland Neck Board of Education, 7. 345 F. Supp. Whatever the reach of that claim may be, it certainly is aimed at discrimination based on race. trailer <<99d8c5f017e311d9a26e0003936b67f0>]>> startxref 0 %%EOF 9 0 obj<>stream
n. 4; Monroe v. Board of Comm'rs,
407 ] The respondents, as plaintiffs below, opposed the motion to join the additional school districts, arguing that the presence of the state defendants was sufficient and all that was required, even if, in shaping a remedy, the affairs of these other districts was to be affected.
Accordingly, the judgment of the Court of Appeals is reversed and the case is remanded for further proceedings consistent with this opinion leading to prompt formulation of a decree directed to eliminating the segregation found to exist in Detroit city schools, a remedy which has been delayed since 1970.
Those children who have been denied that right in the past deserve better than to see fences thrown up to deny them that right in the future. 6 The construction is done through municipal bonds approved by several state agencies.
It is oblivious to the potential benefits of metropolitan relief, to the noneducational communities of interest among neighborhoods located in and sometimes bridging different school districts, and to the considerable interdistrict cooperation already existing in various educational areas.
[418
22 Log in or sign up to add this lesson to a Custom Course. 5 and was to "achieve the greatest degree of actual desegregation to the end that, upon implementation, no school, grade or classroom [would be] substantially disproportionate to the overall pupil racial composition."
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