Are there any states that have not implented brown v. board of ed?
I remember in law school hearing that there was still one state that has yet to implement it and was recently asked, but cannot remember which state.
- Anonymous9 years agoBest Answer
... I did some reference library research - and came up empty. But the librarian suggested, "Since they brought the case to the Supreme Court, why don’t you call the NAACP?" So I did (877-NAACP-98).
I was put through to the legal department. The attorney I spoke with said he knew of no state that has not implemented Brown v Board of Ed.
Sorry I came up empty, but I gave it my best shot!
When did you go to law school? 1959?
Now as to emmanations from the penumbras of Brown, that is a mushier question, since all that Brown actually dealt with was de jure racially segregated schools.
Anyone with enough creativity could draw something out of subsequent cases and conclude that Brown hadn't been fully implemented. They would be stretching the truth more than a wee bit, but I guess that it could be argued--just not by me!!!1
- Anonymous9 years ago
In many counties in Florida, schools were still segregated, not by law but by geographic location. The NAACP brought suit against many of these counties and most counties were avle to implemnt programs such as "magnet" schools where you could choose to go to a certain school that offered more advanced curiiculum in a certain subject. Also, cross county bussing was made available in some counties so that students could choose the school they wanted to got to.
- Anonymous9 years ago
Section 256 of the Alabama Constitution, adopted in 1901, reads as follows:
"Duty of legislature to establish and maintain public school system; apportionment of public school fund; separate schools for white and colored children.
The legislature shall establish, organize, and maintain a liberal system of public schools throughout the state for the benefit of the children thereof between the ages of seven and twenty-one years. The public school fund shall be apportioned to the several counties in proportion to the number of school children of school age therein, and shall be so apportioned to the schools in the districts or townships in the counties as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race."
Though the provision about separate schools hasn't been enforced since the sixties, a 2004 effort to amend the constitution by removing the last sentence of Section 256 was narrowly defeated. Opponents of the amendment raised objections to the fact that it would also remove a prior amendment, passed in the 1950s, which stated that the constitution did not guarantee the right to a public education. They claimed that, without the earlier amendment in place, the state could be required to raise taxes.
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This is case law. It can be used to uphold the IDEA, the law that it was about.