swann
board
education
argued
october
decided
april
together
board
education
et
al
swann
et
also
certiorari
school
system
includes
city
charlotte
north
carolina
students
schools
school
year
approximately
pupils
negro
attended
schools
least
negro
resulted
desegregation
plan
approved
district
commencement
litigation
petitioner
swann
moved
relief
based
green
county
school
board
required
school
boards
come
forward
plan
promises
realistically
work
clear
segregation
completely
removed
district
ordered
school
board
april
provide
plan
faculty
student
desegregation
finding
board
submission
unsatisfactory
district
appointed
expert
submit
desegregation
plan
february
expert
board
presented
plans
adopted
board
plan
modified
junior
senior
high
schools
expert
proposed
plan
elementary
schools
appeals
affirmed
district
order
faculty
desegregation
secondary
school
plans
vacated
order
respecting
elementary
schools
fearing
provisions
pairing
grouping
elementary
schools
unreasonably
burden
pupils
board
case
remanded
district
reconsideration
submission
plans
granted
certiorari
directed
reinstatement
district
order
pending
proceedings
remand
district
received
two
new
plans
ordered
board
adopt
plan
expert
plan
remain
effect
board
acquiesced
expert
plan
district
directed
remain
effect
held
today
objective
eliminate
public
schools
vestiges
segregation
held
violative
equal
protection
guarantees
brown
board
education
default
school
authorities
affirmative
obligation
proffer
acceptable
remedies
district
courts
broad
power
fashion
remedies
assure
unitary
school
systems
title
iv
civil
rights
act
restrict
withdraw
federal
courts
historic
equitable
remedial
powers
proviso
designed
simply
foreclose
interpretation
act
expanding
existing
powers
federal
courts
enforce
equal
protection
clause
pp
policy
practice
regard
faculty
staff
transportation
extracurricular
activities
facilities
among
important
indicia
segregated
system
first
remedial
responsibility
school
authorities
eliminate
invidious
racial
distinctions
respects
normal
administrative
practice
produce
schools
like
quality
facilities
staffs
pp
constitution
prohibit
district
courts
using
equity
power
order
assignment
teachers
achieve
particular
degree
faculty
desegregation
montgomery
county
board
education
properly
followed
lower
courts
case
pp
devising
remedies
eliminate
legally
imposed
segregation
local
authorities
district
courts
must
see
future
school
construction
abandonment
used
serve
perpetuate
dual
system
pp
four
problem
areas
exist
issue
student
assignment
racial
quotas
constitutional
command
desegregate
schools
mean
every
school
community
must
always
reflect
racial
composition
system
whole
district
limited
use
racial
ratio
inflexible
requirement
starting
point
shaping
remedy
within
equitable
discretion
pp
schools
existence
small
number
virtually
schools
denote
system
still
practices
segregation
law
scrutinize
schools
require
school
authorities
satisfy
racial
composition
result
present
past
discriminatory
action
part
pp
optional
transfer
provision
long
recognized
useful
part
desegregation
plan
effective
arrangement
must
provide
transferring
student
free
transportation
available
space
school
desires
move
pp
attendance
zones
remedial
altering
attendance
zones
interim
corrective
measure
beyond
remedial
powers
district
student
assignment
plan
acceptable
merely
appears
neutral
plan
may
fail
counteract
continuing
effects
past
school
segregation
pairing
grouping
noncontiguous
zones
permissible
tool
judicial
steps
going
beyond
contiguous
zones
examined
light
objectives
sought
rigid
rules
laid
govern
conditions
different
localities
pp
transportation
district
conclusion
assignment
children
school
nearest
home
serving
grade
effectively
dismantle
dual
school
system
supported
record
remedial
technique
requiring
bus
transportation
tool
school
desegregation
within
power
provide
equitable
relief
objection
transportation
students
may
validity
time
distance
travel
great
risk
either
health
children
significantly
impinge
educational
process
limits
travel
time
vary
many
factors
probably
none
age
students
pp
neither
school
authorities
district
courts
constitutionally
required
make
adjustments
racial
composition
student
bodies
unitary
system
achieved
pp
burger
delivered
opinion
unanimous
julius
levonne
chambers
james
nabrit
iii
argued
cause
petitioners
respondents
briefs
jack
greenberg
norman
chachkin
pearson
anthony
amsterdam
william
wagonner
benjamin
horack
argued
cause
filed
briefs
respondents
petitioners
solicitor
general
griswold
argued
cause
amicus
curiae
cases
brief
assistant
attorney
general
leonard
briefs
amici
curiae
filed
earl
faircloth
attorney
general
robert
kelly
deputy
attorney
general
ronald
sabo
assistant
attorney
general
rivers
buford
state
florida
andrew
miller
attorney
general
william
broaddus
theodore
markow
assistant
attorneys
general
lewis
powell
john
riely
guy
tower
commonwealth
virginia
claude
kirk
pro
se
gerald
mager
claude
kirk
governor
florida
womble
county
board
education
raymond
witt
eugene
collins
chattanooga
board
education
kenneth
cleary
school
board
manatee
county
florida
crosby
john
allison
school
board
hillsborough
county
florida
sam
ervin
charles
jonas
ernest
hollings
classroom
teachers
association
school
system
mark
wells
white
cullen
et
members
board
education
houston
independent
school
district
jack
petree
board
education
memphis
city
schools
sherwood
wise
jackson
chamber
commerce
et
al
stephen
pollak
benjamin
boley
david
rubin
national
education
association
william
taylor
richard
sobol
joseph
rauh
negro
college
fund
et
al
owen
page
concerned
citizens
association
charles
conley
floyd
mckissick
charles
scott
congress
racial
equality
tennessee
federation
constitutional
government
et
al
william
cramer
pro
se
richard
peet
joined
albert
watson
et
william
cramer
charles
bennett
pro
se
james
rinaman
yardley
buckman
charles
bennett
calvin
childress
bohannon
david
allgood
et
al
william
spong
newton
collier
estes
chief
justice
burger
delivered
opinion
granted
certiorari
case
review
important
issues
duties
school
authorities
scope
powers
federal
courts
mandates
eliminate
racially
separate
public
schools
established
maintained
state
action
brown
board
education
brown
case
argued
arose
long
history
maintaining
two
sets
schools
single
school
system
deliberately
operated
carry
governmental
policy
separate
pupils
schools
solely
basis
race
brown
board
education
cases
present
us
problem
defining
precise
terms
heretofore
scope
duty
school
authorities
district
courts
implementing
brown
mandate
eliminate
dual
systems
establish
unitary
systems
meanwhile
district
courts
courts
appeals
struggled
hundreds
cases
multitude
variety
problems
general
directive
understandably
area
evolving
remedies
courts
improvise
experiment
without
detailed
specific
guidelines
brown
appropriately
dealt
large
constitutional
principles
federal
courts
grapple
flinty
intractable
realities
implementation
constitutional
commands
efforts
necessity
embraced
process
trial
error
effort
formulate
guidelines
must
take
account
experience
school
system
largest
nation
encompasses
city
charlotte
surrounding
mecklenburg
county
north
carolina
area
large
square
miles
spanning
roughly
miles
miles
school
year
system
served
pupils
schools
approximately
pupils
found
white
negro
june
approximately
negro
students
system
attended
schools
within
city
charlotte
approximately
negro
students
attended
schools
either
totally
negro
negro
situation
came
desegregation
plan
approved
district
commencement
present
litigation
supp
wdnc
aff
based
upon
geographic
zoning
provision
present
proceedings
initiated
september
petitioner
swann
motion
relief
based
green
county
school
board
companion
cases
parties
agree
system
fell
short
achieving
unitary
school
system
cases
require
district
held
numerous
hearings
received
voluminous
evidence
addition
finding
certain
actions
school
board
discriminatory
also
found
residential
patterns
city
county
resulted
part
federal
state
local
government
action
school
board
decisions
school
board
action
based
patterns
example
locating
schools
negro
residential
areas
fixing
size
schools
accommodate
needs
immediate
neighborhoods
resulted
segregated
education
findings
subsequently
accepted
appeals
april
district
ordered
school
board
come
forward
plan
faculty
student
desegregation
proposed
plans
accepted
june
august
interim
basis
board
ordered
file
third
plan
november
november
board
moved
extension
time
february
denied
board
submitted
partially
completed
plan
december
district
held
board
submission
unacceptable
appointed
expert
education
administration
john
finger
prepare
desegregation
plan
thereafter
february
district
presented
two
alternative
pupil
assignment
plans
finalized
board
plan
finger
plan
board
plan
finally
submitted
school
board
plan
closed
seven
schools
reassigned
pupils
restructured
school
attendance
zones
achieve
greater
racial
balance
maintained
existing
grade
structures
rejected
techniques
pairing
clustering
part
desegregation
effort
plan
created
single
athletic
league
eliminated
previously
racial
basis
school
bus
system
provided
racially
mixed
faculties
administrative
staffs
modified
plan
optional
transfer
system
board
plan
proposed
substantial
assignment
negroes
nine
system
high
schools
producing
negro
population
projected
negro
attendance
school
independence
proposed
attendance
zones
high
schools
typically
shaped
like
wedges
pie
extending
outward
center
city
suburban
rural
areas
county
order
afford
residents
center
city
area
access
outlying
schools
junior
high
schools
board
plan
rezoned
school
areas
negro
attendance
range
school
located
heart
negro
residential
area
left
enrollment
negro
board
plan
respect
elementary
schools
relied
entirely
upon
gerrymandering
geographic
zones
half
negro
elementary
pupils
left
nine
schools
negro
approximately
half
white
elementary
pupils
assigned
schools
white
finger
plan
plan
submitted
expert
finger
adopted
school
board
zoning
plan
senior
high
schools
one
modification
required
additional
negro
students
transported
negro
residential
area
city
nearly
independence
high
school
finger
plan
junior
high
schools
employed
much
rezoning
plan
board
combined
creation
nine
satellite
zones
satellite
plan
negro
students
assigned
attendance
zones
nine
outlying
predominately
white
junior
high
schools
thereby
substantially
desegregating
every
junior
high
school
system
finger
plan
departed
board
plan
chiefly
handling
system
elementary
schools
rather
relying
solely
upon
geographic
zoning
finger
proposed
use
zoning
pairing
grouping
techniques
result
student
bodies
throughout
system
range
negro
district
described
plan
thus
like
board
plan
finger
plan
much
rezoning
school
attendance
lines
reasonably
accomplished
however
unlike
board
plan
stop
goes
desegregates
rest
elementary
schools
technique
grouping
two
three
outlying
schools
one
black
inner
city
school
transporting
black
students
grades
one
four
outlying
white
schools
transporting
white
students
fifth
sixth
grades
outlying
white
schools
inner
city
black
school
february
district
adopted
board
plan
modified
finger
junior
senior
high
schools
rejected
board
elementary
school
plan
adopted
finger
plan
presented
implementation
partially
stayed
appeals
fourth
circuit
march
declined
disturb
fourth
circuit
order
appeal
appeals
affirmed
district
order
faculty
desegregation
secondary
school
plans
vacated
order
respecting
elementary
schools
agreeing
district
properly
disapproved
board
plan
concerning
schools
appeals
feared
pairing
grouping
elementary
schools
place
unreasonable
burden
board
system
pupils
case
remanded
district
reconsideration
submission
plans
granted
certiorari
directed
reinstatement
district
order
pending
proceedings
remand
district
received
two
new
plans
elementary
schools
plan
prepared
department
health
education
welfare
hew
plan
based
contiguous
grouping
zoning
schools
plan
prepared
four
members
school
board
minority
plan
achieving
substantially
results
finger
plan
apparently
slightly
less
transportation
majority
school
board
declined
amend
proposal
lengthy
evidentiary
hearing
district
concluded
plan
finger
plan
minority
plan
earlier
draft
finger
plan
reasonable
acceptable
directed
board
adopt
one
three
alternative
come
forward
new
equally
effective
plan
ordered
finger
plan
remain
effect
event
school
board
declined
adopt
new
plan
august
board
indicated
acquiesce
finger
plan
reiterating
view
plan
unreasonable
district
order
dated
august
directed
finger
plan
remain
effect
ii
nearly
years
ago
held
explicit
terms
segregation
race
public
schools
denies
equal
protection
laws
time
deviated
slightest
degree
holding
constitutional
underpinnings
none
parties
us
challenges
decision
may
field
public
education
doctrine
separate
equal
place
separate
educational
facilities
inherently
unequal
therefore
hold
plaintiffs
others
similarly
situated
reason
segregation
complained
deprived
equal
protection
laws
guaranteed
fourteenth
amendment
class
actions
wide
applicability
decision
great
variety
local
conditions
formulation
decrees
cases
presents
problems
considerable
complexity
brown
board
education
supra
school
authorities
primary
responsibility
elucidating
assessing
solving
problems
courts
consider
whether
action
school
authorities
constitutes
good
faith
implementation
governing
constitutional
principles
proximity
local
conditions
possible
need
hearings
courts
originally
heard
cases
best
perform
judicial
appraisal
accordingly
believe
appropriate
remand
cases
courts
fashioning
effectuating
decrees
courts
guided
equitable
principles
traditionally
equity
characterized
practical
flexibility
shaping
remedies
facility
adjusting
reconciling
public
private
needs
cases
call
exercise
traditional
attributes
equity
power
stake
personal
interest
plaintiffs
admission
public
schools
soon
practicable
nondiscriminatory
basis
effectuate
interest
may
call
elimination
variety
obstacles
making
transition
school
systems
operated
accordance
constitutional
principles
set
forth
may
decision
courts
equity
may
properly
take
account
public
interest
elimination
obstacles
systematic
effective
manner
go
without
saying
vitality
constitutional
principles
allowed
yield
simply
disagreement
brown
board
education
time
considered
green
county
school
board
little
progress
made
many
areas
dual
school
systems
historically
maintained
operation
state
laws
green
confronted
record
program
district
found
operate
fact
preserve
dual
system
decade
brown
ii
acknowledging
concept
valid
remedial
measure
circumstances
failure
effective
green
required
burden
school
board
today
come
forward
plan
promises
realistically
work
clear
segregation
completely
removed
green
supra
problems
encountered
district
courts
courts
appeals
make
plain
try
amplify
guidelines
however
incomplete
imperfect
assistance
school
authorities
courts
failure
local
authorities
meet
constitutional
obligations
aggravated
massive
problem
converting
discrimination
racially
separate
school
systems
process
rendered
difficult
changes
since
structure
patterns
communities
growth
student
population
movement
families
changes
marked
impact
school
planning
sometimes
neutralizing
negating
remedial
action
fully
implemented
rural
areas
accustomed
half
century
consolidated
school
systems
implemented
bus
transportation
make
adjustments
readily
metropolitan
areas
dense
shifting
population
numerous
schools
congested
complex
traffic
patterns
iii
objective
today
remains
eliminate
public
schools
vestiges
segregation
segregation
evil
struck
brown
contrary
equal
protection
guarantees
constitution
violation
sought
corrected
remedial
measures
brown
ii
basis
holding
green
school
authorities
clearly
charged
affirmative
duty
take
whatever
steps
might
necessary
convert
unitary
system
racial
discrimination
eliminated
root
branch
school
authorities
fail
affirmative
obligations
holdings
judicial
authority
may
invoked
right
violation
shown
scope
district
equitable
powers
remedy
past
wrongs
broad
breadth
flexibility
inherent
equitable
remedies
essence
equity
jurisdiction
power
chancellor
equity
mould
decree
necessities
particular
case
flexibility
rather
rigidity
distinguished
qualities
mercy
practicality
made
equity
instrument
nice
adjustment
reconciliation
public
interest
private
needs
well
competing
private
claims
hecht
bowles
cited
brown
ii
supra
seeking
define
even
broad
general
terms
far
remedial
power
extends
important
remember
judicial
powers
may
exercised
basis
constitutional
violation
remedial
judicial
authority
put
judges
automatically
shoes
school
authorities
whose
powers
plenary
judicial
authority
enters
local
authority
defaults
school
authorities
traditionally
charged
broad
power
formulate
implement
educational
policy
might
well
conclude
example
order
prepare
students
live
pluralistic
society
school
prescribed
ratio
negro
white
students
reflecting
proportion
district
whole
educational
policy
within
broad
discretionary
powers
school
authorities
absent
finding
constitutional
violation
however
within
authority
federal
equity
case
nature
violation
determines
scope
remedy
default
school
authorities
obligation
proffer
acceptable
remedies
district
broad
power
fashion
remedy
assure
unitary
school
system
school
authorities
argue
equity
powers
federal
district
courts
limited
title
iv
civil
rights
act
language
history
title
iv
show
enacted
limit
define
role
federal
government
implementation
brown
decision
authorizes
commissioner
education
provide
technical
assistance
local
boards
preparation
desegregation
plans
arrange
training
institutes
school
personnel
involved
desegregation
efforts
make
grants
directly
schools
ease
transition
unitary
systems
also
authorizes
attorney
general
specified
circumstances
initiate
federal
desegregation
suits
section
defines
desegregation
used
title
iv
desegregation
means
assignment
students
public
schools
within
schools
without
regard
race
color
religion
national
origin
desegregation
shall
mean
assignment
students
public
schools
order
overcome
racial
imbalance
nothing
herein
shall
empower
official
issue
order
seeking
achieve
racial
balance
school
requiring
transportation
pupils
students
one
school
another
one
school
district
another
order
achieve
racial
balance
otherwise
enlarge
existing
power
insure
compliance
constitutional
standards
iv
turn
problem
defining
particularity
responsibilities
school
authorities
desegregating
dual
school
system
light
equal
protection
clause
although
several
related
cases
us
primarily
concerned
problems
student
assignment
may
helpful
begin
brief
discussion
aspects
process
green
pointed
existing
policy
practice
regard
faculty
staff
transportation
activities
facilities
among
important
indicia
segregated
system
independent
student
assignment
possible
identify
white
school
negro
school
simply
reference
racial
composition
teachers
staff
quality
school
buildings
equipment
organization
sports
activities
prima
facie
case
violation
substantive
constitutional
rights
equal
protection
clause
shown
system
dual
respects
first
remedial
responsibility
school
authorities
eliminate
invidious
racial
distinctions
respect
matters
transportation
supporting
personnel
extracurricular
activities
may
necessary
similar
corrective
action
must
taken
regard
maintenance
buildings
distribution
equipment
areas
normal
administrative
practice
produce
schools
like
quality
facilities
staffs
something
must
said
however
faculty
assignment
new
school
construction
companion
davis
case
post
mobile
school
board
argued
constitution
requires
teachers
assigned
color
blind
basis
also
argues
constitution
prohibits
district
courts
using
equity
power
order
assignment
teachers
achieve
particular
degree
faculty
desegregation
reject
contention
montgomery
county
board
education
district
set
goal
plan
faculty
assignment
school
ratio
white
negro
faculty
members
substantially
throughout
system
order
predicated
district
finding
evidence
reflect
real
administrative
problems
involved
immediately
desegregating
substitute
teachers
student
teachers
night
school
faculties
evolvement
really
legally
adequate
program
substantial
desegregation
faculties
schools
system
commencing
school
year
quoted
reversed
appeals
restored
district
order
entirety
holding
order
district
judge
adopted
spirit
opinion
green
plan
promises
realistically
work
promises
realistically
work
modifications
ordered
panel
appeals
course
intended
think
take
order
capacity
expedite
means
specific
commands
day
completely
unified
unitary
nondiscriminatory
school
system
becomes
reality
instead
hope
also
believe
circumstances
case
follow
original
plan
outlined
brown
ii
accepting
specific
expeditious
order
district
judge
johnson
emphasis
original
construction
new
schools
closing
old
ones
two
important
functions
local
school
authorities
also
two
complex
must
decide
questions
location
capacity
light
population
growth
finances
land
values
site
availability
almost
endless
list
factors
considered
result
decision
combined
one
technique
another
student
assignment
determine
racial
composition
student
body
school
system
long
run
consequences
choices
far
reaching
people
gravitate
toward
school
facilities
schools
located
response
needs
people
location
schools
may
thus
influence
patterns
residential
development
metropolitan
area
important
impact
composition
neighborhoods
past
choices
respect
used
potent
weapon
creating
maintaining
school
system
addition
classic
pattern
building
schools
specifically
intended
negro
white
students
school
authorities
sometimes
since
brown
closed
schools
appeared
likely
become
racially
mixed
changes
neighborhood
residential
patterns
sometimes
accompanied
building
new
schools
areas
white
suburban
expansion
farthest
negro
population
centers
order
maintain
separation
races
minimum
departure
formal
principles
neighborhood
zoning
policy
simply
influence
composition
student
body
new
school
may
well
promote
segregated
residential
patterns
combined
neighborhood
zoning
lock
school
system
mold
separation
races
upon
proper
showing
district
may
consider
fashioning
remedy
ascertaining
existence
legally
imposed
school
segregation
existence
pattern
school
construction
abandonment
thus
factor
great
weight
devising
remedies
legally
imposed
segregation
established
responsibility
local
authorities
district
courts
see
future
school
construction
abandonment
used
serve
perpetuate
dual
system
necessary
district
courts
retain
jurisdiction
assure
responsibilities
carried
cf
board
public
instruction
brewer
school
board
central
issue
case
student
assignment
essentially
four
problem
areas
extent
racial
balance
racial
quotas
may
used
implement
remedial
order
correct
previously
segregated
system
whether
every
school
must
eliminated
indispensable
part
remedial
process
desegregation
limits
rearrangement
school
districts
attendance
zones
remedial
measure
limits
use
transportation
facilities
correct
racial
school
segregation
racial
balances
racial
quotas
constant
theme
thrust
every
holding
brown
date
separation
races
public
schools
discrimination
violates
equal
protection
clause
remedy
commanded
dismantle
dual
school
systems
concerned
cases
elimination
discrimination
inherent
dual
school
systems
myriad
factors
human
existence
cause
discrimination
multitude
ways
racial
religious
ethnic
grounds
target
cases
brown
present
dual
school
system
elimination
racial
discrimination
public
schools
large
task
one
retarded
efforts
achieve
broader
purposes
lying
beyond
jurisdiction
school
authorities
one
vehicle
carry
limited
amount
baggage
serve
important
objective
brown
seek
use
school
desegregation
cases
purposes
beyond
scope
although
desegregation
schools
ultimately
impact
forms
discrimination
reach
case
question
whether
showing
school
segregation
consequence
types
state
action
without
discriminatory
action
school
authorities
constitutional
violation
requiring
remedial
action
school
desegregation
decree
case
present
question
therefore
decide
objective
dealing
issues
presented
cases
see
school
authorities
exclude
pupil
racial
minority
school
directly
indirectly
account
race
embrace
problems
racial
prejudice
even
problems
contribute
disproportionate
racial
concentrations
schools
case
urged
district
imposed
racial
balance
requirement
individual
schools
fact
objective
actually
achieved
appear
impossible
tends
blunt
claim
yet
opinion
order
district
december
find
directing
efforts
made
reach
ratio
various
schools
basis
contending
one
school
racially
different
others
hat
school
operated
predominantly
black
student
body
hat
pupils
grades
assigned
way
nearly
practicable
various
schools
various
grade
levels
proportion
black
white
students
voluminous
record
case
shows
predicate
district
use
ratio
twofold
first
express
finding
approved
appeals
challenged
dual
school
system
maintained
school
authorities
least
second
finding
also
approved
appeals
school
board
totally
defaulted
acknowledged
duty
come
forward
acceptable
plan
notwithstanding
patient
efforts
district
judge
least
three
occasions
urged
board
submit
plans
statement
facts
shows
findings
abundantly
supported
record
total
failure
school
board
district
obliged
turn
qualified
sources
finger
designated
assist
district
board
done
see
therefore
use
made
mathematical
ratios
starting
point
process
shaping
remedy
rather
inflexible
requirement
starting
point
district
proceeded
frame
decree
within
discretionary
powers
equitable
remedy
particular
circumstances
said
green
school
authority
remedial
plan
district
remedial
decree
judged
effectiveness
awareness
racial
composition
whole
school
system
likely
useful
starting
point
shaping
remedy
correct
past
constitutional
violations
sum
limited
use
made
mathematical
ratios
within
equitable
remedial
discretion
district
schools
record
case
reveals
familiar
phenomenon
metropolitan
areas
minority
groups
often
found
concentrated
one
part
city
circumstances
certain
schools
may
remain
largely
one
race
new
schools
provided
neighborhood
patterns
change
schools
predominately
one
race
district
mixed
population
require
close
scrutiny
determine
school
assignments
part
segregation
light
clear
existence
small
number
virtually
schools
within
district
mark
system
still
practices
segregation
law
district
judge
school
authorities
make
every
effort
achieve
greatest
possible
degree
actual
desegregation
thus
necessarily
concerned
elimination
schools
per
se
rule
adequately
embrace
difficulties
reconciling
competing
interests
involved
system
history
segregation
need
remedial
criteria
sufficient
specificity
assure
school
authority
compliance
constitutional
duty
warrants
presumption
schools
substantially
disproportionate
racial
composition
school
authority
proposed
plan
conversion
dual
unitary
system
contemplates
continued
existence
schools
predominately
one
race
burden
showing
school
assignments
genuinely
nondiscriminatory
scrutinize
schools
burden
upon
school
authorities
satisfy
racial
composition
result
present
past
discriminatory
action
part
optional
transfer
provision
long
recognized
useful
part
every
desegregation
plan
provision
optional
transfer
majority
racial
group
particular
school
schools
minority
indispensable
remedy
students
willing
transfer
schools
order
lessen
impact
stigma
segregation
order
effective
transfer
arrangement
must
grant
transferring
student
free
transportation
space
must
made
available
school
desires
move
cf
ellis
board
public
instruction
orders
companion
davis
case
provide
option
remedial
altering
attendance
zones
maps
submitted
cases
graphically
demonstrate
one
principal
tools
employed
school
planners
courts
break
dual
school
system
frank
sometimes
drastic
gerrymandering
school
districts
attendance
zones
additional
step
pairing
clustering
grouping
schools
attendance
assignments
made
deliberately
accomplish
transfer
negro
students
formerly
segregated
negro
schools
transfer
white
students
formerly
schools
often
zones
neither
compact
contiguous
indeed
may
opposite
ends
city
interim
corrective
measure
said
beyond
broad
remedial
powers
absent
constitutional
violation
basis
judicially
ordering
assignment
students
racial
basis
things
equal
history
discrimination
might
well
desirable
assign
pupils
schools
nearest
homes
things
equal
system
deliberately
constructed
maintained
enforce
racial
segregation
remedy
segregation
may
administratively
awkward
inconvenient
even
bizarre
situations
may
impose
burdens
awkwardness
inconvenience
avoided
interim
period
remedial
adjustments
made
eliminate
dual
school
systems
fixed
even
substantially
fixed
guidelines
established
far
go
must
recognized
limits
objective
dismantle
dual
school
system
racially
neutral
assignment
plans
proposed
school
authorities
district
may
inadequate
plans
may
fail
counteract
continuing
effects
past
school
segregation
resulting
discriminatory
location
school
sites
distortion
school
size
order
achieve
maintain
artificial
racial
separation
school
authorities
present
district
loaded
game
board
affirmative
action
form
remedial
altering
attendance
zones
proper
achieve
truly
nondiscriminatory
assignments
short
assignment
plan
acceptable
simply
appears
neutral
area
must
necessity
rely
large
extent
years
informed
judgment
district
courts
first
instance
courts
appeals
hold
pairing
grouping
noncontiguous
school
zones
permissible
tool
action
considered
light
objectives
sought
judicial
steps
shaping
zones
going
beyond
combinations
contiguous
areas
examined
light
said
subdivisions
opinion
concerning
objectives
sought
maps
tell
whole
story
since
noncontiguous
school
zones
may
accessible
terms
critical
travel
time
traffic
patterns
good
highways
schools
geographically
closer
together
conditions
different
localities
vary
widely
rigid
rules
laid
govern
situations
transportation
students
scope
permissible
transportation
students
implement
remedial
decree
never
defined
nature
problem
defined
precision
rigid
guidelines
student
transportation
given
application
infinite
variety
problems
presented
thousands
situations
bus
transportation
integral
part
public
education
system
years
perhaps
single
important
factor
transition
schoolhouse
consolidated
school
eighteen
million
nation
public
school
children
approximately
transported
schools
bus
parts
country
importance
bus
transportation
normal
accepted
tool
educational
policy
readily
discernible
companion
case
davis
supra
charlotte
school
authorities
purport
assign
students
basis
geographically
drawn
zones
allowed
almost
unlimited
transfer
privileges
district
conclusion
assignment
children
school
nearest
home
serving
grade
produce
effective
dismantling
dual
system
supported
record
thus
remedial
techniques
used
district
order
within
power
provide
equitable
relief
implementation
decree
well
within
capacity
school
authority
decree
provided
buses
used
implement
plan
operate
direct
routes
students
picked
schools
near
homes
transported
schools
attend
trips
elementary
school
pupils
average
seven
miles
district
found
take
minutes
system
compares
favorably
transportation
plan
previously
operated
charlotte
day
students
grade
levels
transported
average
miles
one
way
average
trip
requiring
hour
circumstances
find
basis
holding
local
school
authorities
may
required
employ
bus
transportation
one
tool
school
desegregation
desegregation
plans
limited
school
objection
transportation
students
may
validity
time
distance
travel
great
either
risk
health
children
significantly
impinge
educational
process
district
courts
must
weigh
soundness
transportation
plan
light
said
subdivisions
hardly
needs
stating
limits
time
travel
vary
many
factors
probably
none
age
students
reconciliation
competing
values
desegregation
case
course
difficult
task
many
sensitive
facets
fundamentally
remedial
measures
courts
equity
traditionally
employed
vi
appeals
searching
term
define
equitable
remedial
power
district
courts
used
term
reasonableness
green
supra
used
term
feasible
implication
workable
effective
realistic
mandate
develop
plan
promises
realistically
work
work
facts
case
unable
conclude
order
district
reasonable
feasible
workable
however
seeking
define
scope
remedial
power
limits
remedial
power
courts
area
sensitive
deal
words
poor
instruments
convey
sense
basic
fairness
inherent
equity
substance
semantics
must
govern
sought
suggest
nature
limitations
without
frustrating
appropriate
scope
equity
point
school
authorities
others
like
achieved
full
compliance
decision
brown
systems
unitary
sense
required
decisions
green
alexander
follow
communities
served
systems
remain
demographically
stable
growing
mobile
society
neither
school
authorities
district
courts
constitutionally
required
make
adjustments
racial
composition
student
bodies
affirmative
duty
desegregate
accomplished
racial
discrimination
official
action
eliminated
system
mean
federal
courts
without
power
deal
future
problems
absence
showing
either
school
authorities
agency
state
deliberately
attempted
fix
alter
demographic
patterns
affect
racial
composition
schools
intervention
district
necessary
reasons
herein
set
forth
judgment
appeals
affirmed
parts
affirmed
judgment
district
order
district
dated
august
also
affirmed
ordered
footnotes
raney
board
education
monroe
board
commissioners
satellite
zone
area
contiguous
main
attendance
zone
surrounding
school
opinion
order
december
later
incorporated
order
appointing
finger
consultant
district
stated
fixed
ratios
pupils
particular
schools
set
board
one
three
tries
presented
plan
desegregation
sought
ways
approve
variations
pupil
ratios
default
plan
school
board
start
thought
efforts
made
reach
ratio
various
schools
basis
contending
one
school
racially
different
others
understand
variations
norm
may
unavoidable
supp
necessity
suggested
situation
fifth
circuit
appeals
school
desegregation
cases
heard
december
september
elementary
public
school
population
grades
grew
secondary
school
population
beyond
grade
grew
digest
educational
statistics
table
office
education
pub
digest
educational
statistics
table
office
education
pub
must
remembered
district
entered
nearly
score
orders
numerous
sets
findings
part
accompanied
memorandum
opinion
considering
pressure
obliged
operate
expect
inconsistencies
apparent
inconsistencies
avoided
review
course
orders
february
amended
august
final
board
plan
left
schools
negro
yet
categorically
rejected
techniques
pairing
clustering
part
desegregation
effort
discussed
charlotte
board
obligation
exercise
every
reasonable
effort
remedy
violation
identified
suggested
techniques
permissible
remedial
devices
additionally
noted
district
appeals
board
plan
assign
white
students
school
unless
student
population
school
least
white
arbitrary
limitation
negating
reasonable
remedial
steps
august
memorandum
holding
district
plan
reasonable
standard
laid
fourth
circuit
appeal
district
explained
approach
taken
follows
ruled
rule
racial
balance
required
constitution
black
schools
cities
unlawful
school
boards
must
bus
children
violate
constitution
particular
order
entered
case
correct
circumstances
emphasis
original
reliance
school
authorities
reference
revision
attendance
areas
compact
units
brown
ii
emphasis
supplied
misplaced
enumeration
opinion
considerations
taken
account
district
courts
patently
intended
suggestive
rather
exhaustive
decision
brown
ii
remand
cases
decided
brown
local
courts
framing
specific
decrees
premised
recognition
time
foresee
particular
means
required
implement
constitutional
principles
announced
said
green
supra
obligation
district
courts
always
assess
effectiveness
proposed
plan
achieving
desegregation
universal
answer
complex
problems
desegregation
obviously
one
plan
job
every
case
matter
must
assessed
light
circumstances
present
options
available
instance
example
mobile
board
used
buses
transport
students
daily
average
round
trip
miles
students
metropolitan
area
bused
daily
system
whole
without
regard
desegregation
plans
planned
bus
approximately
students
year
average
daily
round
trip
miles
elementary
school
children
high
school
children
bused
travel
longest
routes
system
district
found
school
system
employ
buses
previously
operated
buses
already
available
others
easily
obtained
additionally
noted
north
carolina
requires
provision
transportation
students
assigned
schools
one
miles
homes
stat