dayton
board
education
brinkman
argued
april
decided
june
school
desegregation
case
district
evidentiary
hearing
held
petitioner
dayton
ohio
school
board
engaged
racial
discrimination
operation
city
schools
basis
cumulative
violation
equal
protection
clause
found
composed
three
elements
substantial
racial
imbalance
student
enrollment
patterns
throughout
school
system
use
optional
attendance
zones
allowing
white
students
avoid
attending
predominantly
black
schools
school
board
rescission
resolutions
passed
previous
board
acknowledged
responsibility
creation
segregative
racial
patterns
called
various
types
remedial
measures
district
following
reversals
appeals
limited
remedies
ultimately
formulated
appeals
approved
systemwide
remedy
plan
required
beginning
school
year
racial
composition
school
district
brought
within
dayton
population
ratio
accomplished
variety
desegregation
techniques
including
pairing
schools
redefinition
attendance
zones
variety
centralized
special
programs
magnet
schools
held
judged
favorably
respondent
parents
black
children
district
findings
constitutional
violations
suffice
justify
systemwide
remedy
finding
pupil
population
various
dayton
schools
homogeneous
standing
violation
fourteenth
amendment
absent
showing
condition
resulted
intentionally
segregative
actions
part
board
washington
davis
finding
optional
attendance
zones
applied
three
high
schools
assuming
washington
standards
violation
involved
high
school
districting
implicated
conclusion
board
rescission
action
constituted
constitutional
violation
dubious
soundness
thus
demonstrated
systemwide
remedy
effect
imposed
appeals
necessary
eliminate
vestiges
school
segregation
pp
view
confusion
various
stages
case
applicable
principles
appropriate
relief
case
must
remanded
district
ambiguous
phrase
cumulative
violation
used
courts
overcome
disparity
evidence
constitutional
violations
sweeping
remedy
finally
decreed
specific
findings
must
made
necessary
record
must
supplemented
conclusions
violations
must
made
light
opinions
washington
davis
supra
arlington
heights
metropolitan
housing
dev
remedy
must
fashioned
light
rule
laid
swann
board
education
elaborated
hills
gautreaux
case
like
mandatory
racial
segregation
long
since
ceased
must
first
determined
school
board
intended
fact
discriminate
appropriate
additional
evidence
adduced
systemwide
discrimination
shown
may
systemwide
remedy
meanwhile
present
plan
remain
effect
coming
school
year
subject
district
orders
additional
evidence
might
warrant
pp
rehnquist
delivered
opinion
burger
stewart
white
blackmun
powell
stevens
joined
stevens
filed
concurring
opinion
post
brennan
filed
opinion
concurring
judgment
post
marshall
took
part
consideration
decision
case
david
greer
argued
cause
petitioners
brief
leo
krebs
louis
lucas
argued
cause
respondents
brief
paul
dimond
nathaniel
jones
robert
murphy
norman
chachkin
william
caldwell
richard
austin
briefs
amici
curiae
urging
affirmance
filed
attorney
general
bell
acting
solicitor
general
friedman
assistant
attorney
general
days
deputy
solicitor
general
wallace
brian
landsberg
joel
selig
robert
allen
sedler
joel
gora
richard
larson
american
civil
liberties
union
armistead
gilliam
filed
brief
ohio
state
board
education
et
al
amici
curiae
justice
rehnquist
delivered
opinion
school
desegregation
action
comes
us
five
years
two
round
trips
lower
federal
courts
protracted
proceedings
devoted
formulation
remedy
actions
dayton
board
education
found
violation
equal
protection
clause
fourteenth
amendment
decision
review
appeals
sixth
circuit
finally
approved
plan
involving
districtwide
requirements
rejecting
two
previous
less
sweeping
orders
district
plan
required
beginning
school
year
racial
distribution
school
district
brought
within
population
ratio
dayton
finally
formulated
plan
employed
variety
desegregation
techniques
including
pairing
schools
redefinition
attendance
zones
variety
centralized
special
programs
magnet
schools
granted
certiorari
consider
propriety
remedy
light
constitutional
violations
found
courts
whatever
public
notice
case
received
wended
way
district
southern
district
ohio
due
fact
represented
effort
minority
plaintiffs
obtain
relief
alleged
unconstitutional
segregation
dayton
public
schools
said
resulted
actions
petitioner
school
board
means
discount
importance
aspect
case
think
case
every
bit
important
issues
raises
proper
allocation
functions
district
courts
courts
appeals
within
federal
judicial
system
indeed
importance
judicial
administration
aspects
case
heightened
presence
substantive
issues
turns
proper
observance
division
functions
federal
trial
courts
federal
appellate
courts
important
every
case
especially
important
case
district
southern
district
ohio
simply
asked
render
judgment
accordance
law
ohio
favor
one
private
party
another
asked
plaintiffs
parents
students
public
school
system
large
city
restructure
administration
system
doubt
federal
courts
authority
grant
appropriate
relief
sort
constitutional
violations
part
school
officials
proved
keyes
school
district
denver
wright
council
city
emporia
swann
board
education
cases
firmly
recognized
local
autonomy
school
districts
vital
national
tradition
milliken
bradley
san
antonio
school
district
rodriguez
wright
council
city
emporia
supra
reason
case
displacement
local
authorities
federal
school
desegregation
case
must
satisfactorily
established
factual
proof
justified
reasoned
statement
legal
principles
cf
pasadena
city
board
education
spangler
lawsuit
begun
april
district
filed
original
decision
february
district
first
surveyed
past
conduct
affairs
dayton
school
board
found
isolated
repeated
instances
failure
dayton
school
board
meet
standards
ohio
law
mandating
integrated
school
system
cited
instances
physical
segregation
schools
early
decades
century
concluded
oth
reason
substantial
time
elapsed
practices
ceased
foregoing
necessarily
deemed
evidence
continuing
segregative
policy
district
also
found
recently
faculty
hiring
racially
neutral
basis
policy
designated
one
dynamic
gradualism
least
one
black
teacher
assigned
eleven
high
schools
schools
entire
system
found
school
dayton
system
integrated
teaching
staff
consisting
least
one
black
faculty
member
conclusion
respect
faculty
hiring
pursuant
agreement
department
health
education
welfare
teaching
staff
dayton
public
schools
became
still
remains
substantially
integrated
district
noted
dunbar
high
school
established
black
high
school
taught
black
teachers
attended
black
pupils
time
creation
attendance
zones
dayton
students
permitted
liberal
transfers
attendance
dunbar
voluntary
found
dunbar
continued
exist
citywide
high
school
closed
turning
recent
operations
dayton
public
schools
district
found
great
majority
schools
imbalanced
one
exception
dayton
school
board
made
affirmative
effort
achieve
racial
balance
within
schools
stated
evidence
racial
discrimination
establishment
alteration
attendance
boundaries
site
selection
construction
new
schools
school
additions
considered
use
optional
attendance
zones
within
district
concluded
majority
cases
optional
zones
racial
significance
time
creation
made
somewhat
ambiguous
finding
effect
zones
past
concluded
although
none
optional
elementary
school
attendance
zones
today
significant
potential
effects
terms
increased
racial
separation
said
optional
high
school
zones
two
zones
particular
roosevelt
colonel
white
kiser
colonel
white
far
largest
system
demonstrable
racial
effects
past
found
evidence
district
freedom
enrollment
policy
unfairly
operated
black
students
denied
transfers
race
finally
considered
action
newly
elected
board
january
rescinding
resolutions
passed
previous
board
acknowledged
role
played
board
creation
segregative
racial
patterns
called
various
types
remedial
measures
district
ultimate
conclusion
racially
imbalanced
schools
optional
attendance
zones
recent
board
action
cumulatively
violation
equal
protection
clause
district
use
phrase
cumulative
violation
unfortunately
free
ambiguity
treated
favorably
respondents
may
said
represent
district
opinion
three
separate
although
relatively
isolated
instances
unconstitutional
action
part
petitioners
treated
favorably
petitioners
however
must
viewed
quite
different
light
finding
pupil
population
various
dayton
schools
homogeneous
standing
violation
fourteenth
amendment
absence
showing
condition
resulted
intentionally
segregative
actions
part
board
washington
davis
district
finding
effect
optional
attendance
zones
three
dayton
high
schools
assuming
violation
standards
washington
davis
supra
appears
respect
high
school
districting
swann
district
conclusion
board
rescission
previously
adopted
school
board
resolutions
constitutional
violation
also
questionable
validity
board
acted
undo
operative
regulations
affecting
assignment
pupils
aspects
management
school
affairs
cf
reitman
mulkey
simply
repudiated
resolution
predecessor
board
stating
recognized
fault
taking
affirmative
action
earlier
date
agree
appeals
treatment
action
wherein
said
question
whether
rescission
previous
board
action
violation
appellants
constitutional
rights
inextricably
bound
question
whether
board
constitutional
duty
take
action
initially
took
cf
hunter
erickson
gomillion
lightfoot
board
duty
rescission
initial
action
constitutional
violation
board
duty
rescission
becomes
part
cumulative
violation
necessary
ascertain
whether
rescission
ipso
facto
independent
violation
constitution
brinkman
gilligan
think
accurate
say
district
formulation
remedy
basis
cumulative
violation
certainly
based
unduly
cautious
understanding
authority
situation
remedy
originally
propounded
light
findings
fact
included
requirements
optional
attendance
zones
eliminated
faculty
assignment
practices
hiring
policies
respect
classified
personnel
tailored
achieve
representative
racial
distribution
schools
one
portion
remedial
plan
submitted
school
board
district
refused
accept
without
change
dealt
freedom
enrollment
priorities
ordered
applied
high
schools
new
students
school
chosen
random
wishing
attend
board
required
furnish
transportation
students
chose
attend
high
school
outside
attendance
area
residence
plaintiffs
defendant
school
board
appealed
order
district
appeals
sixth
circuit
brinkman
gilligan
supra
considered
somewhat
greater
length
district
historical
instances
alleged
racial
discrimination
dayton
school
board
circumstances
surrounding
adoption
board
resolutions
subsequent
rescission
resolutions
consideration
purely
descriptive
vein
findings
fact
made
district
reversed
clearly
erroneous
appeals
engaged
factfinding
based
evidence
adduced
district
appeals
focused
district
finding
cumulative
constitutional
violation
consisting
racially
imbalanced
schools
optional
attendance
zones
rescission
board
resolutions
found
amply
supported
evidence
plaintiffs
district
respondents
order
district
contending
district
erred
failing
make
findings
tending
show
segregative
actions
part
dayton
school
board
appeals
found
unnecessary
pass
contentions
appeals
also
stated
unnecessary
pass
question
whether
rescission
board
resolutions
violation
constitutional
rights
discuss
length
described
serious
questions
whether
board
conduct
relating
staff
assignment
school
construction
grade
structure
reorganization
transfers
transportation
included
within
cumulative
violation
found
district
discuss
questions
neither
upset
factual
findings
district
reversed
district
conclusions
law
thus
appeals
historical
discussion
dayton
school
situation
dealt
upheld
cumulative
violation
found
district
nonetheless
reversed
district
approval
school
board
plan
modified
district
appeals
concluded
remedy
ordered
inadequate
considering
scope
cumulative
violations
discuss
specifics
plan
adopted
remand
repeated
admonition
duty
eliminate
vestiges
school
segregation
keyes
swann
viewing
findings
district
cumulative
violation
strongest
light
respondents
appeals
simply
warrant
cases
imposing
systemwide
remedy
apparently
showing
remedy
necessary
eliminate
vestiges
school
segregation
clear
findings
district
dayton
racially
mixed
community
many
schools
either
predominantly
white
predominantly
black
fact
without
course
offend
constitution
spencer
kugler
swann
supra
appeals
seems
viewed
present
structure
dayton
school
system
sort
fruit
poisonous
tree
since
racial
imbalance
presently
obtains
may
resulted
part
three
instances
segregative
action
found
district
instead
tailoring
remedy
commensurate
three
specific
violations
appeals
imposed
systemwide
remedy
going
beyond
scope
appeal
task
appeals
defined
relative
clarity
confined
law
precedent
district
courts
concludes
findings
district
clearly
erroneous
may
set
aside
fed
rule
civ
proc
decides
district
misapprehended
law
may
accept
findings
fact
reverse
judgment
legal
errors
however
conceive
situation
appeals
neither
vaguely
dissatisfied
limited
character
remedy
district
afforded
plaintiffs
proceeded
institute
far
sweeping
one
without
way
upsetting
district
findings
fact
reversing
conclusions
law
appeals
actually
specify
remedy
increasingly
strong
language
subsequent
opinions
require
plan
eliminate
systemwide
patterns
schools
predominant
district
brinkman
gilligan
face
commandment
district
twice
reversed
observed
reaches
reluctant
conclusion
exists
feasible
method
complying
mandate
appeals
sixth
circuit
without
transportation
substantial
number
students
dayton
school
system
based
upon
plans
plaintiff
defendant
assumption
must
transportation
approximately
students
regular
permanent
basis
required
say
last
word
spoken
correctness
district
findings
unconstitutionally
segregative
actions
part
petitioners
noted
respondents
appealed
initial
decision
order
district
asserting
additional
violations
found
appeals
found
unnecessary
pass
upon
respondents
contentions
first
decision
respondents
certiorari
decision
appeals
nonetheless
entitled
precedents
urge
grounds
lend
support
judgment
think
contentions
unconstitutionally
segregative
actions
addition
found
fact
district
fall
category
view
confusion
various
stages
case
evident
opinions
appeals
district
applicable
principles
appropriate
relief
case
must
remanded
district
making
specific
findings
necessary
taking
additional
evidence
deficiency
record
us
failure
appeals
pass
respondents
assignments
error
respecting
initial
rulings
district
appropriate
remand
case
think
evident
supplementation
record
necessary
apart
said
respect
use
ambiguous
phrase
cumulative
violation
courts
disparity
evidence
constitutional
violations
sweeping
remedy
finally
decreed
requires
supplementation
record
additional
findings
addressed
specifically
scope
remedy
clear
presently
mandated
remedy
stand
upon
basis
violations
found
district
district
first
instance
subject
review
appeals
must
make
new
findings
conclusions
violations
light
opinion
washington
davis
arlington
heights
metropolitan
housing
dev
must
fashion
remedy
light
rule
laid
swann
elaborated
upon
hills
gautreaux
power
federal
courts
restructure
operation
local
state
governmental
entities
plenary
may
exercised
basis
constitutional
violation
milliken
bradley
quoting
swann
board
education
see
rizzo
goode
constitutional
violation
found
federal
required
tailor
scope
remedy
fit
nature
extent
constitutional
violation
swann
supra
see
also
austin
independent
school
dist
powell
concurring
duty
district
appeals
case
mandatory
segregation
law
races
schools
long
since
ceased
first
determine
whether
action
conduct
business
school
board
intended
fact
discriminate
minority
pupils
teachers
staff
washington
davis
supra
parties
free
introduce
additional
testimony
evidence
district
may
deem
appropriate
violations
found
district
first
instance
subject
review
appeals
must
determine
much
incremental
segregative
effect
violations
racial
distribution
dayton
school
population
presently
constituted
distribution
compared
absence
constitutional
violations
remedy
must
designed
redress
difference
systemwide
impact
may
systemwide
remedy
keyes
realize
difficult
task
much
easier
reviewing
fault
ambiguous
phrases
cumulative
violation
finder
fact
make
complex
factual
determinations
first
instance
nonetheless
constitution
cases
call
must
done
case
found
plan
implicitly
explicitly
imposed
appeals
erroneous
present
state
record
undisputed
effect
dayton
school
system
present
year
without
creating
serious
problems
school
board
school
constituency
attempt
comply
plan
best
ability
penalized
think
plan
finally
adopted
district
remain
effect
coming
school
year
subject
orders
district
may
find
warranted
following
hearings
mandated
opinion
judgment
appeals
vacated
cause
remanded
proceedings
consistent
opinion
ordered
footnotes
district
ordered
submission
new
plans
board
interested
parties
app
march
rejected
plan
proposed
plaintiffs
modifications
approved
board
plan
modified
expanded
effort
comply
appeals
mandate
appeal
appeals
reversed
remedy
directed
district
adopt
plan
school
year
brinkman
gilligan
upon
second
remand
district
december
ordered
formulation
plan
whose
terms
developed
app
march
details
plan
approved
district
decision
review
appeals
affirmed
brinkman
gilligan
district
said
deal
basis
failures
bring
individual
schools
compliance
requirement
also
ordered
students
already
enrolled
grades
allowed
finish
present
high
schools
announced
following
guidelines
followed
whenever
possible
case
elementary
school
students
students
may
attend
neighborhood
schools
neighborhoods
schools
already
approved
ratio
students
transported
nearest
available
school
student
transported
period
time
exceeding
twenty
minutes
two
miles
whichever
shorter
app
pairing
designation
two
schools
contrasting
racial
composition
exchange
program
large
proportion
students
school
attend
paired
school
period
plan
adopted
district
primary
remedy
used
case
elementary
schools
pointed
since
ohio
law
construed
ohio
forbidden
separate
public
schools
black
white
children
see
ohio
rev
code
ann
board
education
state
ohio
instances
include
physical
segregation
separate
buildings
pupils
teachers
race
garfield
school
early
denial
blacks
access
swimming
pools
high
schools
exclusion
black
high
school
teams
city
athletic
conference
app
omitted
also
considered
employment
nonteaching
personnel
observed
blacks
made
proportion
nonteaching
nonadministrative
personnel
equal
proportion
black
students
district
though
certain
occupations
represented
substantially
lower
rate
noted
concerted
effort
made
past
years
enroll
black
students
patterson
high
school
optional
zone
area
two
attendance
zones
student
residents
free
choose
two
schools
wish
attend
district
found
three
optional
high
school
zones
may
racial
significance
time
creation
following
information
zones
contained
appendix
district
opinion
black
population
high
schools
date
creation
date
creation
kiser
colonel
white
district
first
plan
also
contained
following
provisions
establishment
four
citywide
elementary
science
centers
enrollment
approximate
existing
ratio
students
system
vi
combination
two
high
schools
unified
cooperative
school
districtwide
attendance
areas
vii
formation
elementary
high
school
bands
orchestras
choruses
viii
provisions
scheduling
integrated
athletics
ix
establishment
minority
language
program
education
staff
utilization
living
arts
center
experiences
art
creative
writing
dance
drama
xi
creation
centers
rumor
control
school
guidance
area
learning
see
app
thus
eliminated
provision
within
board
plan
gave
first
priority
students
residing
within
school
attendance
zone
justice
stevens
concurring
caveat
relevant
finding
intent
case
kind
necessarily
depends
primarily
objective
evidence
concerning
effect
board
action
rather
subjective
motivation
one
members
board
see
washington
davis
stevens
concurring
join
opinion
justice
brennan
concurring
judgment
today
reaffirms
authority
federal
courts
grant
appropriate
relief
sort
busing
constitutional
violations
part
school
officials
proved
keyes
school
district
denver
colorado
ante
case
however
violations
actually
found
district
sufficient
justify
remedy
imposed
indeed
none
parties
contends
otherwise
respondents
nowhere
argue
three
cumulative
violations
sufficient
support
comprehensive
systemwide
busing
order
imposed
instead
urge
us
find
additional
actions
school
board
appearing
record
used
support
result
amicus
curiae
concedes
cumulative
violation
found
district
support
remedial
order
brief
amicus
curiae
also
urges
us
affirm
busing
order
resort
additional
evidence
record
circumstance
agree
result
reached
clear
holding
case
milliken
bradley
ante
also
decided
today
broad
flexible
equity
powers
district
courts
remedy
unlawful
school
segregation
continue
unimpaired
case
thus
turn
upon
doubt
power
federal
courts
remedy
segregation
rather
points
turns
upon
proper
allocation
functions
district
courts
courts
appeals
within
federal
judicial
system
ante
recognizes
task
district
courts
courts
appeals
particularly
difficult
one
school
desegregation
cases
ante
although
efforts
district
appeals
protracted
litigation
deserve
commendation
plain
proceedings
two
courts
resulted
remedy
going
beyond
violations
far
found
remand
task
district
subject
review
appeals
make
findings
fact
evidence
already
record
appropriate
supplemented
additional
evidence
additional
facts
combined
upon
violations
already
found
based
must
evaluated
determine
relief
appropriate
remedy
resulting
unconstitutional
segregation
making
determination
courts
course
need
close
eyes
inequalities
shown
record
flow
longstanding
segregated
system
milliken
bradley
ante
although
three
violations
already
found
sufficient
support
broad
remedial
order
entered
say
three
violations
insignificant
sufficient
justify
remedy
imposed
considered
solely
unconstitutional
actions
clearly
significant
indicia
intent
part
school
board
emphasized
keyes
school
district
denver
plainly
finding
intentional
segregation
portion
school
system
devoid
probative
value
assessing
school
authorities
intent
respect
parts
school
system
segregative
intent
found
district
may
readily
conclude
blatant
also
subtle
actions
circumstances
even
inaction
justify
finding
unconstitutional
segregation
must
redressed
remedial
busing
order
imposed
case
determined
remand
school
board
unconstitutional
actions
systemwide
impact
order
systemwide
remedy
ante
keyes
school
board
actions
created
segregated
dual
school
system
school
board
affirmative
duty
desegregate
entire
system
root
branch
stated
today
milliken
school
board
must
take
necessary
steps
eliminate
public
schools
vestiges
segregation
ante
quoting
swann
board
education
judicial
decree
accomplish
result
must
formulated
great
sensitivity
practicalities
situation
without
ever
losing
sight
paramount
importance
constitutional
rights
enforced
district
must
mindful
authority
grant
appropriate
relief
ante
also
duty
remedy
fully
constitutional
violations
finds
flexible
unflinching
use
equitable
powers
always
conscious
rights
individual
schoolchildren
stake
constitutional
right
equal
treatment
races
protected