Defendants' Plan of Desegregation in Green v. County School Board of New Kent County
5/10/1966
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This document comes from the District Court case file for Green v. County School Board of New Kent County. It explains the "freedom of choice" plan that New Kent County, Virginia, implemented to comply with the mandate for school desegregation. Included are a letter to parents explaining the plan and a "Choice of School" form that they could fill out.
Following the landmark Supreme Court decision in Brown v. Board of Education, which declared "separate but equal" unconstitutional, the Brown II decision placed responsibility for how to desegregate schools "with all deliberate speed" on local school authorities. Many school districts implemented "freedom of choice" plans. In theory, "freedom of choice" let students choose which school they wanted to attend. In reality, the plans kept districts mostly segregated.
In New Kent County before Brown, white students attended New Kent school and African American students attended George W. Watkins school. Under the district's new "freedom of choice" plan, some African American students transferred to New Kent; but no white students enrolled in George W. Watkins, which taught 85% of black students in the district.
Several students and parents from the New Kent County School District brought suit against the school district, arguing that the "freedom of choice" plan did not adequately integrate the school system.
In the District Court case Green v. County School Board of New Kent County, the "freedom of choice" plan was upheld. The case was then brought to the U.S. Court of Appeals for the Fourth Circuit, which affirmed (agreed with) the lower court's decision (though it returned the case to the lower court for a more specific plan to desegregate teachers).
The case made it to the Supreme Court in 1968, which reversed the lower court rulings. The Supreme Court stated that the New Kent district was deliberately maintaining a segregated system and that "freedom of choice" was not sufficient to bring about desegregation. Justice William J. Brennan, Jr., writing for a unanimous court, declared: "It is incumbent upon the school board to establish that its proposed plan promises meaningful and immediate progress toward disestablishing state-imposed segregation."
Following the landmark Supreme Court decision in Brown v. Board of Education, which declared "separate but equal" unconstitutional, the Brown II decision placed responsibility for how to desegregate schools "with all deliberate speed" on local school authorities. Many school districts implemented "freedom of choice" plans. In theory, "freedom of choice" let students choose which school they wanted to attend. In reality, the plans kept districts mostly segregated.
In New Kent County before Brown, white students attended New Kent school and African American students attended George W. Watkins school. Under the district's new "freedom of choice" plan, some African American students transferred to New Kent; but no white students enrolled in George W. Watkins, which taught 85% of black students in the district.
Several students and parents from the New Kent County School District brought suit against the school district, arguing that the "freedom of choice" plan did not adequately integrate the school system.
In the District Court case Green v. County School Board of New Kent County, the "freedom of choice" plan was upheld. The case was then brought to the U.S. Court of Appeals for the Fourth Circuit, which affirmed (agreed with) the lower court's decision (though it returned the case to the lower court for a more specific plan to desegregate teachers).
The case made it to the Supreme Court in 1968, which reversed the lower court rulings. The Supreme Court stated that the New Kent district was deliberately maintaining a segregated system and that "freedom of choice" was not sufficient to bring about desegregation. Justice William J. Brennan, Jr., writing for a unanimous court, declared: "It is incumbent upon the school board to establish that its proposed plan promises meaningful and immediate progress toward disestablishing state-imposed segregation."
This primary source comes from the Records of District Courts of the United States.
National Archives Identifier: 95117383
Full Citation: Defendants' Plan of Desegregation; 5/10/1966; Charles C. Green, et al v. New Kent County School Board of Education et al; Civil Case Files, 1938 - 12/31/1998; Records of District Courts of the United States, Record Group 21; National Archives at Philadelphia, Philadelphia, PA. [Online Version, https://www.docsteach.org/documents/document/defendants-plan-desegregation, April 24, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.