| Abstract: | ABSTRACT Despite the creeping resegregation of public schools, recent court decisions have been involved in the lifting of court-ordered desegregation decrees, which could arguably cause further segregation. When dismissing desegregation decrees, lower courts have relied on three U.S. Supreme Court decisions during the 1990s that permitted a lower standard for lifting desegregation decrees. Those school districts that remain under court-ordered desegregation decrees may find themselves in conflict with the No Child Left Behind Act's (NCLB) choice provision. Specifically, NCLB permits parents to transfer their children to another school if their present school is deemed in need of improvement. Such NCLB regulations may permit school districts to bypass the desegregation decree. In so doing, there is a conflict between a federal regulation and federal court order. Employing legal research techniques (e.g., case and statutory analysis), this paper explores the Supreme Court's jurisprudence for declaring a school district unitary, analyzes the conflict between court-ordered desegregation decrees and NCLB's choice provision, and discusses the potential litigation that could result from the conflict between NCLB and desegregation decrees. doi:10.1300/J467v01n03_08 |
