Modern Day School Segregation: Equity, Excellence, and Equal Protection

Authors

Danielle Kasten

Document Type

Note

Abstract

(Excerpt)

This Note argues that, under existing Supreme Court precedent, academic tracking constitutes de jure segregation. It further contends that academic tracking systems need not be analyzed on a district-by-district basis because—in light of their unique history—wherever an academic tracking system creates within school segregation, it is per se unconstitutional. Part I of this Note analyzes the unique history of academic tracking, drawing parallels between academic tracking systems and segregation explicitly mandated by law. Part II outlines current Equal Protection doctrine both generally and within the unique context of schools, and explores how that doctrine has been applied to academic tracking cases. Finally, Part III reanalyzes the application of Equal Protection doctrine to academic tracking, ultimately concluding that, when properly analyzed under existing precedent, academic tracking constitutes de jure segregation and is therefore unconstitutional.