SWANN V. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION
402 U.S. 1 (1971)
NATURE OF THE CASE: A case to decide the responsibilities of public officials to correct
state action that fostered a racially segregated school structure in violation of the Brown
v. Board of Education cases.
FACTS: Brown v. Board of Education prohibited racial segregation in public schools and
ordered the desegregation of public school facilities. However, 17 years subsequent to its
adjudication, public school systems remained segregated. Desegregation efforts were obviated
and court orders ignored. Respondent Charlotte-Mecklenburg Board of Education was one such
school district. In 1965 the federal court approved a plan to desegregate the public schools
in the county but as of 1969 two-thirds of the black students attended virtually all black
public schools. Swan (P) filed a petition seeking acceleration of the plan. P contends that
school officials are responsible to facilitate desegregation. The district court held in
favor of the Petitioner. The court then fashioned a remedy which implemented quotas,
required a substantial reduction in the number of all black schools, gerrymandered school
districts and used busing. The Appeals court affirmed. The U.S. Supreme affirmed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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