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Swann

v.

Charlotte Mecklenburg

Board of Education

Who are the Swann's?

Darius and Vera Swann

  • Darius and Vera Swann - African American Presbyterian missionaries in Charlotte, NC
  • James Swann, 6 yr old went to Seversville Elementary on the 1st day of school, which was the nearest school to his home (1964).
  • Principal sent him home with a note stating James should start first grade at the all-black elementray school , then apply for a transfer at another time
  • In 1965, they pursued their case with other African American families, who were backed and led by the NAACP

"Mama you put me in the wrong school!"

Hi

Sara E. McCoy

EDAD 6510 - Dr. Otto

Fall 2015

Works Cited

http://www.oyez.org/cases/1970-1979/1970/1970_281

http://www.northcarolinahistory.org/encyclopedia/296/entry/

http://www.4lawnotes.com/constitutional-law-case-briefs/487-swann-v-charlotte-mecklenburg-board-education.html

http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/equal-protection/swann-v-charlotte-mecklenburg-board-of-education/

http://www.enotes.com/swann-v-charlotte-mecklenburg-board-education-reference/swann-v-charlotte-mecklenburg-board-education

http://www.britannica.com/EBchecked/topic/973269/Swann-v-Charlotte-Mecklenburg-Board-of-Education

https://lcrm.lib.unc.edu/blog/index.php/2012/04/20/remembering-swann-v-charlotte-mecklenburg-board-of-education/

The Facts

The Charlotte-Mecklenburg School System contained:

- Charlotte ISD and surrounding Mecklenburg County schools

- 84, 000 total students - 107 schools

- 21, 000 Afr. Am. students

- 63, 000 White students

Despite Brown v. Board of Education (1954)...

Of the total 21, 000 Negro Students:

- 14, 000 attended 21 schools that were 99% or more populated by Afr. Am. students.

- These statistics indicated racial segregation persisted

- There was a notable difference in the levels of technology and prominence among the White and Black schools of the CMS system

Significance

Of all the events within the African American Civil Rights Movement of the 20th Century, Swann v. CMBOE was one of the most notable, providing the basis on which other cases and ideals could thrive. This court case not only proved that African Americans could stand up against racial discrimination, but also that they were capable of producing lasting effects in the social desegregation and ethnic equality of our nation. As well, this lawsuit introduced the government to the fact that desegregation among schools within the United States was not occurring as it should have been since the ruling of Brown vs. BOE in 1954; the concepts of busing and racial quotas are still used in the ethnic integration of schools across the nation!

The Supreme Court

On April 20, 1971, the Supreme Court ruled that busing, the gerrymandering of school zones, the use of mathematical ratios, and quotas were all viable methods in the integration of Black and White students within schools of the CMS system. As a result, students were:

- Bused from their Home Schools to New Schools as part of desegregation.

- Transferred between schools due to the gerrymandering of school zones, or the forced change in boundaries that made students switch schools.

The government also monitored the ratios of White and Negro students in each school of the CMS system to ensure that their mandate was being properly executed(29 out of every 100 students in each school had to be black); as well, the school district was responsible for meeting a quota in the number of students integrated per unit time.

Some significant participants within this court case are as follows:

- Chief Justice Warren Burger

- Plaintiff NAACP (National Association for the Advancement of Colored People)

- Defendant Charlotte-Mecklenburg Board of Education

- The Judical Branch (Supreme Court)

The Plaintiff's Argument

The Defendant's Argument

The Charlotte-Mecklenburg school system had previously made desegregation efforts in 1965, when they redrew school attendance zones and allowed students to choose which schools they wished to attend. As well, the system was busing over 30,000 students between schools on a daily basis. The CMS system argued that they were already desegregating the schools within their system, thus opposing the NAACP in this case.

The NAACP sued the Charlotte-Mecklenburg Board of Education on behalf of James E. Swann and other negro students in Mecklenburg County. They believed that the school system was violating their rights of citizenship granted within the 14th Amendment - including their abilities to attend any public school or have public transportation to the local school of their choice. The NAACP was primarily concerned with the racial integration of Elementary School students, for they were the basis of this entire case(the most notable example being James E. Swann).

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