[12] See generally Dunn, Title VI, the Guidelines and School Desegregation in the South, 53 Va.L.Rev.

Where it offers real promise of aiding a desegregation program to effectuate conversion of a state-imposed dual system to a unitary, non-racial system there might be no objection to allowing such a device to prove itself in operation. Racial identification of the system's schools was complete, extending not just to the composition of student bodies at the two schools but to every facet of school operations—faculty, staff, transportation, extracurricular activities and facilities. 5. "consider problems related to administration arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas ... and revision of local laws and regulations. LOCATION: New Kent County School Board DOCKET NO. On the other hand, if there are reasonably available other ways, such for illustration as zoning, promising speedier and more effective conversion to a unitary, nonracial school system, 'freedom of choice' must be held unacceptable. Respondent School Board maintains two schools, one on the east side and one on the west side of New Kent County, Virginia. 246, 252, 266, 42 U.S.C. 391 U. S. 441-442. Louis F. Claiborne, Washington, D.C., for the United States, as amicus curiae, by special leave of Court. Id., at 300—301, 75 S.Ct. In Title VI Congress declared that, "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.". [Footnote 1] One statute, the Pupil Placement Act, Va.Code § 22-232.1 et seq. After the plan was filed the District Court denied petitioners' prayer for an injunction and granted respondent leave to submit an amendment to the plan with respect to employment and assignment of teachers and staff on a racially nondiscriminatory basis.

Brown II was a call for the dismantling of well entrenched dual systems tempered by an awareness that complex and multifaceted problems would arise which would require time and flexibility for a successful resolution. Quizlet will be unavailable from 4-5 PM PT.

Accord, Kemp v. Beasley, 389 F.2d 178 (C.A.8th Cir. The amendment was duly filed and on June 28, 1966, the District Court approved the 'freedom-of-choice' plan as so amended. 817, 822, 13 L.Ed.2d 709. Under that Act, children were each year automatically reassigned to the school previously attended unless, upon their application, the State Board assigned them to another school; students seeking enrollment for the first time were also assigned at the discretion of the State Board. Watson v. City of Memphis, 373 U. S. 526. The judgment of the Court of Appeals is vacated insofar as it affirmed the District Court and the case is remanded to the District Court for further proceedings consistent with this opinion.

Although the general experience under 'freedom of choice' to date has been such as to indicate its ineffectiveness as a tool of desegregation,5 there may well be instances in which it can serve as an effective device. County School Board of New Kent County, Virginia et al. The school board continued to operate a segregated system in the wake of the Brown rulings, on the authority of several "massive resistance" state laws enacted to resist them. Four hundred fifty African American students from Moton High School participated in the two-week protest.



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