Freeman v. Pitts, 503 U.S. 467, 46 (1992)

Page:   Index   Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

512

FREEMAN v. PITTS

Blackmun, J., concurring in judgment

Scotland Neck Board of Education, 407 U. S. 484, 489 (1972). But this obligation does not always require the district court to order new, affirmative action simply because of racial imbalance in student assignment.

Whether a district court must maintain active supervision over student assignment, and order new remedial actions, depends on two factors. As the Court discusses, the district court must order changes in student assignment if it "is necessary or practicable to achieve compliance in other facets of the school system." Ante, at 497; see also ante, at 507 (Souter, J., concurring). The district court also must order affirmative action in school attendance if the school district's conduct was a "contributing cause" of the racially identifiable schools. Columbus Board of Education v. Penick, 443 U. S. 449, 465, n. 13 (1979); see also Keyes, 413 U. S., at 211, and n. 17 (the school board must prove that its conduct "did not create or contribute to" the racial identifiability of schools or that racially identifiable schools are "in no way the result of" school board action). It is the application of this latter causation requirement that I now examine in more detail.

II

A

DCSS claims that it need not remedy the segregation in DeKalb County schools because it was caused by demographic changes for which DCSS has no responsibility. It is not enough, however, for DCSS to establish that demographics exacerbated the problem; it must prove that its own policies did not contribute.1 Such contribution can occur in at

1 The Court's cases make clear that there is a presumption in a former de jure segregated school district that the board's actions caused the racially identifiable schools, and it is the school board's obligation to rebut that presumption. See Dayton Board of Education v. Brinkman, 443 U. S. 526, 537 (1979); Keyes v. School Dist. No. 1, Denver, 413 U. S. 189, 208, 211 (1973); Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1, 26 (1971); ante, at 494-495.

Page:   Index   Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: October 4, 2007