Integration Without Classification: Moving Toward Race-Neutrality in the Pursuit of Public Elementary and Secondary School Diversity

63 Pages Posted: 8 Jun 2007

See all articles by Paul A. Diller

Paul A. Diller

Willamette University College of Law

Abstract

In recent years, federal courts have wrestled with the question of to what degree may public school districts consider race in assigning students to schools for the purpose of achieving racially balanced student bodies throughout the district. This Note argues that the constitutional norm of race-neutrality requires that school officials generally avoid relying on racial classifications in designing student assignment plans. Even without relying on racial classificaitons, however, school officials remain free to adopt race-neutral measures that are intended to boost racial diversity among schools in their district. This Note explores the potential effectiveness of such measures and explains why they should be considered constitutionally valid.

Keywords: education, race, Brown, Grutter, k-12, Swann, diversity, integration, unitary, public, schools

Suggested Citation

Diller, Paul A., Integration Without Classification: Moving Toward Race-Neutrality in the Pursuit of Public Elementary and Secondary School Diversity. Michigan Law Review Vol. 99, No. 1999, 2000, Available at SSRN: https://ssrn.com/abstract=992279

Paul A. Diller (Contact Author)

Willamette University College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States
503-370-6595 (Phone)

HOME PAGE: http://www.willamette.edu/wucl/faculty/profiles/diller/

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