During the 60s, it was common place to see segregated public school systems in many American cities. It was not unusual to see marches, protests and public resistance when efforts were made to integrate school districts. It was not uncommon to see people fighting against “busing students” from traditionally black schools to predominately white schools. Mainstream districts made concerted efforts, regardless of the constant resistance however, to make sure that black students were successfully socialized into predominately white districts. This was not an easy process. Despite many of these efforts in the 60s, districts in many major American cities are still primarily divided based upon race. Although often times this segregation of sorts is not forced and is more based on demographics, should school districts be allowed to take necessary steps to change the racial makeup of their student population? This very question is being raised in a current Supreme Court case.

Initially Plessy vs. Ferguson set the “separate but equal” standard in American education in 1896. School districts were federally mandated to be segregated, but make efforts to provide the same level of education at all schools whether they were black or white. In 1954, Brown vs. Board of Education, a case out of Topeka, Kansas, challenged Plessy vs. Ferguson and sought to reverse it. One of the key attorneys on the case was Former Supreme Court Justice Thurgood Marshall. They won the case and set a new precedent nationally for school districts across the country. What was the premise of Brown vs. Board of Education?

“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.“ –from the syllabus of the case

Basically, Brown was the beginning of concerted efforts to integrate all schools. It became a federal precedent after this landmark decision. For the past 50 plus years, districts have tried to live up to this standard. The case currently in front of the Supreme Court does not seek to reverse Brown, however it does seek to determine the level of the efforts that districts can use to ensure they are more ethically diverse. The case centers around two districts, Seattle, Washington and Louisville, Kentucky. Basically, the school district programs seek to make the ethnic numbers of all schools in their districts consistent with the percentages of those ethnicity’s in their general populations.

The efforts are commendable, but the case does not question who these policies help, it questions who they can possibly hurt. Could a white student be denied admissions to a school of their choice if there are not enough black students in that particular location? The answer is yes. The Supreme Court seeks to answer if this is fair based on the precedent of Brown vs. Board of Education. This is one of the cases to watch. Although it will not reverse Brown vs. Board of Education, it can influence what methods can be used to achieve the mission of that landmark decision.

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