Before brown v. board of education (1954–1955) was decided, many a southern child rode the bus to school, passing on the way a bus headed in the other direction, loaded with children of another race. The busing of children was "one tool" used to maintain a system of school segregation. As late as 1970, before the Supreme Court had approved a single busing order, about forty percent of the nation's children rode buses to school. The school bus had permitted the replacement of rural one-room schoolhouses with consolidated schools; in the city, riding the bus had been thought safer than walking. School busing did not become the object of majoritarian anger until the 1970s, when the Supreme Court described it as "one tool" for dismantling a segregated system and affirmed its use not only in the South but also in the cities of the North and West.
In a rural southern county, the simplest form of desegregation might drastically reduce school busing; racial living patterns would permit integration of the schools through the discontinuation of racial assignments and assignment of children to the schools nearest their homes. In the cities, however, residential segregation had been so thorough that the abandonment of racial assignments and the substitution of a neighborhood school policy would not end the separation of school children by race. The question was asked: Would the Supreme Court insist on more than the end of racial assignments—on the actual mixing of black and white children in the schools—by way of dismantling segregation produced by deliberate official policy? In swann v. charlotte-mecklenburg board of education (1971), the Court answered that question affirmatively. Then, in keyes v. school district no. 1 (1973) and columbus board of education v. penick (1979), the Court extended Swann 's commands to the North and West, in ways that blurred the de facto / de jure distinction. Once a constitutional violation is found, even in remote acts of deliberate segregation by a school board, then as a practical matter the district court's remedial goal becomes "the greatest possible degree of actual desegregation"—and that, in a large city, means the busing of massive numbers of children for the purpose of achieving the maximum practicable racial balance.
Apart from the busing ordered by courts, some busing for integration purposes has resulted from voluntary programs, mostly involving the busing of minority children to schools formerly populated by non-Hispanic whites. Political resistance has been directed not to those programs but to busing ordered by a court over the opposition of the school board and of large numbers of parents and children. The most outspoken protest has come from white parents. The responses of school board majorities have varied, from political warfare in Boston and Los Angeles to the "let's-make-it-work" attitude in Columbus.
President richard m. nixon, whose first electoral campaign adopted a "Southern strategy" and whose campaign for reelection included an attack on school busing, proposed congressional legislation to restrict busing. In 1974 Congress purported to forbid a federal court to order a student's transportation to a school "other than the school closest or next closest to his place of residence." This statute's constitutionality would have been dubious but for a proviso that canceled its effect: the law was not to diminish the authority of federal courts to enforce the Constitution.
The school busing issue has forced a reevaluation of the goals of desegregation. In Brown the chief harm of school segregation imposed by law was said to be the stigma of inferiority, which impaired black children's motivation to learn. The fact of separation of the races in urban schools may or may not have the same stigmatic effect—even though deliberately segregative governmental actions have contributed to residential segregation in cities throughout the nation. Stigma aside, it is far from clear that racial isolation alone impairs minority children's learning. In communities with substantial Hispanic or Asian American populations, concerns about the maintenance of cultural identity are apt to be expressed in opposition to taking children out of neighborhood schools and away from bilingual education programs. The call for "community control" of schools is heard less frequently in black communities today than it was around 1970, but some prominent black civil rights leaders have placed increasing emphasis on improvement of the schools and decreasing emphasis on the busing of children.
Part of the reason for this shift in emphasis surely is a sense of despair over the prospects of busing as an effective means of achieving integration. Social scientists disagree on the amount of "white flight" that has resulted from court-ordered busing. Some demographic changes are merely extensions of a long-established pattern of middle-class migration to the suburbs. The Supreme Court in milliken v. bradley (1974) made clear that metropolitan relief, combining city and suburban districts for purposes of school integration, was allowable only in rare circumstances. "White flight" can also take the form of withdrawal of children from public schools; recent estimates suggest that about one-fifth of the students in the nation's private schools have fled from desegregation orders. In this perspective, the neighborhood school is seen not only as a focus for community but also, less appetizingly, as a means for controlling children's associations and passing social advantage from one generation to the next. Either strategy of "white flight" costs money. It is no accident that the hottest opposition to court-ordered school busing has come from working-class neighborhoods, where people feel that they have been singled out to bear a burden in order to validate an ideal they have come to doubt.
School busing for integration purposes has come under strong political attack. Neither Congress nor a state can constitutionally prohibit busing designed to remedy de jure segregation. However, state measures limiting busing designed to remedy de facto segregation may or may not be upheld, depending on the legislation's purposes and effects. (See Washington v. Seattle School District No. 1, 1982; crawford v. los angeles board of education, 1982.)
Sadly, it is realistic to assume the continuation of urban residential segregation, which has diminished only slightly since 1940, despite nearly half a century of civil rights litigation and legislation. (Even the migration of increasing numbers of middle-class black families to the suburbs has not significantly diminished residential segregation.) Given that assumption, the nation must choose between accepting racially separate schools and using school busing to achieve integration. The first choice will seem to many citizens a betrayal of the promise of Brown. The second choice faces opposition strong enough to threaten not only the nation's historic commitment to public education but also its commitment to obedience to law. The resolution of this dilemma is a challenge not only to courts but also to school board members and citizens, demanding imagination, patience, and good will in quantities far beyond their recent supply.
Kenneth L. Karst
Bell, Derrick A., Jr. 1976 Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation. Yale Law Journal 85:470–516.
Fiss, Owen M. 1975 The Jurisprudence of Busing. Law and Contemporary Problems 39:194–216.