School Law Bulletin #2001/01

The Emerging Law of Race and Student Assignment Plans

Monday, January 1, 2001

The article then reviews the basics of another body of law on the Equal Protection Clause that has emerged in response to the debate over affirmative action in government contracting, public employment, and college admissions. It explores how the Fourth Circuit Court in Tuttle and Eisenberg has applied that body of law in a new context—the assignment of children to elementary and secondary public schools. Finally, because Tuttle and Eisenberg constitute the law that now applies to school districts in the Fourth Circuit, the last two por- tions of the article assess the legal choices still open to school boards and parents in North Carolina and de- scribe some innovative steps being taken in Wake County.

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