Jul
5
2012

Essay: Transfer of students that would cause racial imbalance

Can courts prevent the transfer of students that would cause racial imbalance? Yes:

a)      Courts could prevent the transfer if it would result in de facto segregation.

b)      A transfer in the same school district would not be stopped on account of race,

c)       Where race is the criterion, for balancing and diversity, it should be backed up by compelling state interests.

If part of a school district is segregated, must the entire district undergo desegregation?

Depends on what potion of the school district is unconstitutionally segregated. It depends on the circumstances.

What if a desegregated district becomes resegregated?

There is no need to desegregate if the resegregation occurred in the process of a population shift. This segregation is de facto hence it is not unconstitutional.

After achieving unitary status, may a school board modify its busing plan? Yes:

If the busing modification is not discriminatory, and if it tries to achieve harmonization by the reduction of segregation.

When may a desegregation order be dissolved?

a)      When the district court decides that the school has fulfilled all the requirements and it has inspected the students homework, facilities, activities to prove they have complied.

b)      Federal judges have the power to dissolve a desegregation order according to their investigations of the good-faith accomplishments by the school.

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