Integration without Classification: Moving toward Race-Neutrality in the Pursuit of Public Elementary and Secondary School Diversity

Abstract

In recent years, federal courts have wrestled with the question of to what degree may public school districts consider race in assigning students to schools for the purpose of achieving racially balanced student bodies throughout the district. This Note argues that the constitutional norm of race-neutrality requires that school officials generally avoid relying on racial classifications in designing student assignment plans. Even without relying on racial classificaitons, however, school officials remain free to adopt race-neutral measures that are intended to boost racial diversity among schools in their district. This Note explores the potential effectiveness of such measures and explains why they should be considered constitutionally valid.