1299, 1312. Cf.

Maps do not tell the whole story since noncontiguous school zones may be more accessible to each other in terms of the critical travel time, because of traffic patterns and good highways, than schools geographically closer together. Pp. North Carolina was one of the more moderate Southern states, and its resistance to integration was much weaker than in most other areas of the After the Green ruling, the Swann case was filed again, and this time taken by Judge James B. McMillan as his first important case on the federal bench. In devising remedies to eliminate legally imposed segregation, local authorities and district courts must see to it that future school construction and abandonment are not used and do not serve to perpetuate or re-establish a dual system. 25 26.An optional majority-to-minority transfer provision has long been recognized as a useful part of a desegregation plan, and to be effective such arrangement must provide the transferring student free transportation and available space in the school to which he desires to move. The constitutional command to desegregate schools does not mean that every school in every community must always reflect the racial composition of the school system as a whole.We see therefore that the use made of mathematical ratios was no more than a starting point in the process of shaping a remedy, rather than an inflexible requirement. The other school, located in the heart of the Negro residential area, was left with an enrollment of 90% Negro.The board plan with respect to elementary schools relied entirely upon gerrymandering of geographic zones. Neither school authorities nor district courts are constitutionally required to make year-by-year adjustments of the racial composition of student bodies once the affirmative duty to desegregate has been accomplished and racial discrimination through official action is eliminated from the system.

Pp. In default by the school authorities of their obligation to proffer acceptable remedies, a district court has broad power to fashion a remedy that will assure a unitary school system.The school authorities argue that the equity powers of federal district courts have been limited by Title IV of the Civil Rights Act of 1964, "Desegregation' means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but 'desegregation' shall not mean the assignment of students to public schools in order to overcome racial imbalance.

Accordingly, we believe it appropriate to remand the cases to those courts. When the courts mandated that busing should occur to desegregate the schools, they also noted that one day when the school system was thought to be unitary, busing would end and the school board would be able to come up with a new plan which would best suit the education of students in Charlotte-Mecklenburg.
'Section 2000c—6, authorizing the Attorney General to institute federal suits, contains the following proviso:'nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The order of the District Court, dated August 7, 1970, is also affirmed. 1L Orientation. Approximately 29% (24,000) of the pupils were Negro, about 14,000 of whom attended 21 schools that were at least 99% Negro.

From that starting point the District Court proceeded to frame a decree that was within its discretionary powers, as an equitable remedy for the particular circumstances.The record in this case reveals the familiar phenomenon that in metropolitan areas minority groups are often found concentrated in one part of the city. No rigid guidelines as to student transportation can be given for application to the infinite variety of problems presented in thousands of situations. Our editors will review what you’ve submitted and determine whether to revise the article.In later decades, court-ordered busing plans were criticized not only by whites but also by African Americans, who often charged that busing harmed African American students by requiring them to endure long commutes to and from school. This new choice plan revolved around magnet schools, making one-third of the schools in Charlotte-Mecklenburg either magnets or partial magnets, and each magnet had a quota of black and white students that were allowed to attend. Where the school authority's proposed plan for conversion from a dual to a unitary system contemplates the continued existence of some schools that are all or predominately of one race, they have the burden of showing that such school assignments are genuinely nondiscriminatory. 'Under the Finger plan, nine inner-city Negro schools were grouped in this manner with 24 suburban white schools.On February 5, 1970, the District Court adopted the board plan, as modified by Dr. Finger, for the junior and senior high schools, 311 F.Supp. More than half of the Negro elementary pupils were left in nine schools that were 86% to 100% Negro; approximately half of the white elementary pupils were assigned to schools 86% to 100% white.The Finger Plan. The detail and nature of these dilatory tactics have been noted frequently by this Court and other courts.By the time the Court considered Green v. County School Board, 'The burden on a school board today is to come forward with a plan that promises realistically to work now * * * until it is clear that stateimposed segregation has been completely removed.'
Such a policy does more than simply influence the short-run composition of the student body of a new school. If we were to read the holding of the District Court to require, as a matter of substantive constitutional right, any particular degree of racial balance or mixing, that approach would be disapproved and we would be obliged to reverse. Conditions in different localities will vary so widely that no rigid rules can be laid down to govern all situations.The scope of permissible transportation of students as an implement of a remedial decree has never been defined by this Court and by the very nature of the problem it cannot be defined with precision. Get kids back-to-school ready with Expedition: Learn!


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