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- LAW, Page 87Judging Where the Bus Can Stop
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- The Supreme Court finds a "good-faith" limit for disegregation
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- 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.
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- 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."
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- 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.
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- 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.
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- 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.
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- 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.
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- By Jerome Cramer/Washington.
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