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Article: Can state constitutional provisions eliminate de facto segregation in the public schools?
- Article from:
- The Journal of Negro Education
- Article date:
- April 1, 1999
- Author:
CopyrightCopyright Howard University Spring 1999. Provided by ProQuest LLC. (Hide copyright information)
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This article analyzes whether state constitutional provisions can be used to compel a state to eliminate de facto segregation in public schools. It first explains how the U.S. Supreme Court's refusal to find that de facto segregation violates the Equal Protection Clause of the Fourteenth Amendment has forced the federal judiciary to withdraw from school desegregation. It then analyzes the arguments made by social scientists and African Americans against school desegregation. It also examines Sheff v. O'Neill, a 1996 decision in which the Connecticut Supreme Court held that de facto segregation violates the state constitution. Finally, it discusses important implications for litigation in ...