Alternative Schools for Minority Students: The Constitution, the Civil Rights Act, and the Berkeley Experiment
61 Cal. L. Rev. 858 (1973)
62 Pages Posted: 6 Aug 2019
Date Written: 1973
This law-student piece describes and analyzes an experimental educational program in the early 1970s in Berkeley, California, allowing Black and Hispanic students the option to attend separate public schools open only to members of each of these demographic groups. Despite the legal obstacles faced by such identity-based schooling, including the 1964 Civil Rights Act and evolving constitutional arguments about education and race, the Comment identifies several justifications that support the experiment as a valuable but exceptional case.
Keywords: schools, race, ethnicity, segregation, civil rights act, equal protection
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