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Derek W. Black, Professor of Law, University of South Carolina

Legacy of Jim Crow still affects funding for public schools

School funding inequities persist along racial and economic lines. David L. Ryan/The Boston Globe via Getty Images

Nearly 70 years ago – in its 1954 Brown v. Board decision – the Supreme Court framed racial segregation as the cause of educational inequality. It did not, however, challenge the lengths to which states went to ensure the unequal funding of Black schools.

Before Brown, Southern states were using segregation to signify and tangibly reinforce second-class citizenship for Black people in the United States. The court in Brown deemed that segregation was inherently unequal. Even if the schools were “equalized” on all “tangible factors,” segregation remained a problem and physical integration was the cure, the Court concluded.

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