This paper seeks to address ever-increasing challenges facing schools in the midst of desegregation or racial balancing plans and procedures. It discusses the need for school districts across the country under consent decrees to return to the drawing board in finding an alternative plan for desegregation and education equity measures that will keep them in line with constitutional mandates. The most recent Supreme Court rulings in Seattle and Louisville have altered the landscape of remedial grounds for which cases can be brought before the courts. Moreover, they indicate a pronounced shift in legal discourses surrounding programs and initiatives that utilize race as a factor in developing educational policy.
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When good faith is not enough: Ensuring education equity during and after legal intervention