In "Dobbs v. Jackson Women's Health Organization" (2022), the U.S. Supreme Court overturned decades of precedent regarding the federal right to an abortion for people who can carry pregnancies. This case has substantial significance for the education field, directly affecting school- and college-age marginalized students who can carry…

Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…

This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

Despite the precedent established in the "University of California Board of Regents v. Bakke," that race may be used as a factor in admissions policies at state institutions of higher education, state and federal court decisions were divided over whether the use of race in admissions decisions was a violation of the Equal Protection…

The author describes the special-admissions program challenged in the Bakke litigation and the Supreme Court's reaction to it. He examines the desirability of an affirmative-action component in an enlightened admissions program; and offers two models of special-admissions programs that would meet the requirements of the Bakke decision. (CT)

Most Americans are keenly aware of the African American civil rights movement. However, few know about the comparable struggle of Mexican Americans to enjoin the practice of segregated public schools in the Southwest. This article analyzes "Mendez v. Westminster School District," a 1946 federal court case that ruled that separate but…

This report provides an overview of the struggle to desegregate schools in the United States. It describes the two phases of desegregation, focusing on court decisions that influenced desegregation and how these decisions changed the composition of the schools. It opens with the 1849 decision that asserted that desegregation was for the good of…

Although judicial influence in education seems to have faded since 1973, the federal government's diminished involvement in educational support and policymaking may result in a new wave of reform if challenges to the nonenforcement or rewriting of existing statutes providing services to disadvantaged groups are brought to court. (MJL)

Describes the revised Supreme Court guidelines under which formerly desegregated schools may achieve "unitary standards." Compares the pros and cons involved in applying for unitary status and in applying for a revised desegregation plan under the 1971 Office for Civil Rights desegregation plan. (LMI)

There is no final answer to the question of whether a school district with non-English-speaking students has a legal obligation to provide a bilingual-bicultural education for those students. School districts subject to the provision of Title VI of the Civil Rights Act of 1964 may be required to provide the Office of Civil Rights with a plan for…

The nature of legal argument, including judicial decisions, puts severe limits on the educational advances that can be expected by Black Americans through litigation. The Brown decision, for example, has been a mixed blessing, and the Bakke case shows that the Court is unwilling to support a class-based remedy for discrimination. (KH)

Dr. Lloyd Hackley argues that first Brown v. Board of Education in 1954, then United States v. Fordice nearly 40 years later, robbed millions of African-American children and young adults of quality education. He charges that the focus of legislation has been to integrate school buildings not society. (Author/MSE)

These summaries of recent major court decisions related to school desegregation were prepared in an effort to be of assistance to nonlawyers. As an introduction, the workings of the United States judicial system are outlined, and an overview of school desegregation law since 1954 is provided. Recent decisions by the U.S. Supreme Court that set…

Until recently the federal courts (Brown vs. Board of Education of Topeka) and Congressional action (Civil Rights Act of 1964, Elementary and Secondary Education Act of 1965, Title IX of the Educational Amendments of 1972) have spurred efforts to bring race and sex equity to the schools. (LC)

The effects of bilingual education and programs for students who are not native speakers of English have not been researched thoroughly enough to provide sufficient, accurate, and meaningful evidence that will support litigation. Accordingly, this paper provides a historical review of the role of litigation in obtaining educational equity for…