home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
TIME: Almanac 1995
/
TIME Almanac 1995.iso
/
time
/
012891
/
0128110.000
< prev
next >
Wrap
Text File
|
1994-03-25
|
4KB
|
93 lines
<text id=91TT0175>
<title>
Jan. 28, 1991: Judging Where The Bus Can Stop
</title>
<history>
TIME--The Weekly Newsmagazine--1991
Jan. 28, 1991 War In The Gulf
</history>
<article>
<source>Time Magazine</source>
<hdr>
LAW, Page 87
Judging Where the Bus Can Stop
</hdr><body>
<p>The Supreme Court finds a "good-faith" limit for disegregation
</p>
<p> Across the U.S., few issues have caused more bitterness
than, or led to such disagreements over means vs. ends as, the
court-ordered busing of students to end patterns of racial
discrimination. Last week the U.S. Supreme Court ruled that
there were at least some limits beyond which busing need not
go. By a 5-to-3 vote, the Justices decided that school systems
could be freed from judicially mandated plans if they have
"complied in good faith" with the desegregation order and
eliminated the "vestiges of past discrimination...to the
extent practicable." The ruling effectively put the delicate
issue back in the hands of the lower federal courts that
monitor some 500 affected school districts around the country,
many in the South and Southwest.
</p>
<p> Civil rights leaders were quick to stress that the ruling
in the case of Oklahoma City Board of Education v. Dowell was
no broad-brush renunciation of busing. Rather, it was a
declaration that the existence of single-race schools did not
necessarily amount to incontestable evidence of continued
racial discrimination. The Justices emphasized that before a
federal busing order could be lifted, schools must first
convince courts that they have met the test of good-faith
compliance and have erased all traces of past discrimination
owing to segregated schooling. "This is a fairly high
standard," said Janell Byrd, an attorney with the NAACP Legal
Defense and Educational Fund. "School systems that have been
discriminating for 65 years are not likely to easily prove that
10 years of busing have healed all wounds."
</p>
<p> The case before the court involved an Oklahoma City busing
program that began in 1972, nine years after a finding that
both schools and housing in the city were intentionally
segregated. In 1985 the Oklahoma City board adopted a policy
that ended busing for kindergarten through fourth grade in
favor of attendance at neighborhood schools. Single-race
patterns of enrollment re-emerged in some neighborhoods; 11 of
the city's 64 schools now have student bodies that are 90% or
more black. Local civil rights leaders argued that the pattern
was proof that the original de segregation program failed.
School-board attorneys claimed that the racially unbalanced
schools were the result of economic trends and patterns in
housing, not of intentional segregation.
</p>
<p> Chief Justice William Rehnquist, writing for the majority,
overturned a 1989 ruling by a federal appeals court that
refused to hand back the Oklahoma City schools to local
control. The appeals court, he said, had held the school
district to an overly strict standard in determining when the
desegregation order could be dissolved. Rehnquist declared that
such court control of schools was not meant "to operate in
perpetuity," even though a court was entitled to examine "every
facet of school operations" before lifting a busing order.
</p>
<p> Writing in dissent, Supreme Court Justice Thurgood Marshall
argued that the existence of one-race schools in a previously
segregated district was "inherently unequal," regardless of the
reason. In view of the "unique harm" associated with school
segregation, he said, the offending district should be held
accountable for any taint of separateness until it had been
entirely removed.
</p>
<p> By and large, school administrators across the country
applauded the court's decision, but few immediate changes are
likely. Some districts receive millions of dollars to operate
court-ordered integration plans that work without much
dissension. And local courts are unlikely to move quickly as
a result of the decision, since they would continue to have an
obligation to enforce the nondiscriminatory tenets of the
Constitution.
</p>
<p>By Jerome Cramer/Washington.
</p>
</body></article>
</text>