a) Yes: where is part of an overall plan to desegregate
b) No: if there is no desegregation, no reductions, dismissals, or hirings in connection to desegregation.
Can schools override seniority and tenure in favor of integration when layoffs are necessary?
a) The nature of the desegregation remedy is to be determined by the nature and scope of the constitutional violation.
Is remedial race-conscious affirmative action legal?
Depends on the circumstances.
a) There must be imbalance in the segregation job category
b) The affirmative action must not trammel the rights of others.
Can voluntary affirmative action plans be agreed on between school districts and unions?
Yes; they are consistent with the policies of the office of the president, the Supreme Court and congress
What is the current status of affirmative action?
It is a slow process with lot of neutrality. They need to consider
a) The duration
b) The efficacy of the processes
c) Burden on innocent third party
Do school boards have the authority to achieve ‘racial balance’ in the teaching force, as an aspect of affirmative action?
This will depend on the situation.
Must principles be selected on non discriminatory bases?
Yes: this must be on a qualification basis
Can a minority councilor be demoted?
Yes; if there are adequate non racial reasons for the demotion.
Can teachers be transferred to promote desegregation?
Yes as long as it is not based on their racial factors that will cause de jure segregation.
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