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School conditions in these four test cases varied, from stark differences in South Carolina between the "colored" and "white" schools to a closer parity in the Topeka, Kansas, schools. In all four states, however, the schools were segregated by law, and the NAACP's position was that equality could not be achieved until segregation was brought to an end.

Although the four decisions went against the NAACP in the trial courts, its position was strengthened by some of the decisions. In South Carolina, Judge Julius Waties Waring dissented from the opinion of his two colleagues who also heard the case, declaring that "segregation is per se inequality." And in Kansas, the three-judge panel attached to its opinion a finding of fact that segregation has a detrimental effect on colored children, especially when it is enforced by law.

The four cases were argued on appeal to the United States Supreme Court in 1952, with the issue being whether segregation depriced students of equal protection under the law as guaranteed by the Fourteenth Amendment. The Court requested reargument of the case in 1953. Before the reargument could occur, Chief Justice Vinson died and was replaced by Chief Justice Earl Warren. Under his guidance, a unanimous Court on May 17, 1954, issued its decision declaring that segregation of the public schools was unconstitutional. A landmark in the struggle for equality and under the law for all Americans had been achieved.

Starting the Dialogue

At the heart of Brown v. Board of Education was the desire to ensure equal protection of the laws for all Americans. The following questions ask students to reflect on what has been required -- and what has been achieved -- in pursuit of this goal in our nation's schools.

Dialogue leaders should feel free to develop their own lines of inquiry for exploring the significance of Brown v. Board of Education. Page 3-6 offer ideas for such topics as

• Issues of equality and racial diversity in America
• The role of education in effecting social change
• The legacy of segregation in the United States
• The role of law in maintaining or changing the status quo

1. You are a classmate of Linda Brown at a segregated school in Topeka, Kansas, in 1951. She and her family have decided to challenge the idea that schools should be separated by race. Gaining admission to the "whites only" school may very well mean that members of your community will harass you and your family and that you will encounter hostility from your classmates and teachers at your new school.

Do you join Linda Brown?

2. The year is 1960. You are one of ten black students who have been admitted into a formerly "whites only" high school. In class, you struggle to get the teacher's attention to answer a question. At lunch, it is clear that you are not welcome to join most of the other students at their tables. When entering school, you often receive a glare or hear a muttered comment from parents dropping off their children.

How do you cope with life at your new school?

3. Abraham Lincoln High School is located in a community with high unemployment and low family incomes. Robert E. Lee High School is located in a prosperous community in the same state. Both Abraham Lincoln High and Robert E. Lee High receive the same amount of money per pupil from the state government. Robert E. Lee High, however, is able to collect substantially m ore local tax money from its residents and thus has significantly more money to spend on each pupil. It can attract the best teachers by offering high salaries, has a state-of-the-art computer center, and offers a wide range of courses in music and art. Abraham Lincoln High has to pay its teachers below the state average and loses many teachers each year when they leave for better paying jobs. It cannot afford even one computer per classroom. Because of budget constraints, courses in music and the arts have been eliminated. The school's athletic program is at risk of being cut.

Has the state met its obligation to provide an equal education to students at Abraham Lincoln High and Robert E. Lee High?

4. Imaging that you are a student at Robert E. Lee High School. You are told that, as a result of a new state law intended to equalize opportunity among the state's school districts, part of your school's funds must be shared with Abraham Lincoln High School. Budget cuts will mean that the school may lose its computer center and that the number of opportunities for participation in athletic, musical, and artistic events will be sharply reduced.

How do you respond?

5. You are a high school senior trying to decide where to attend college.

How important to you would it be to attend a racially diverse college? Should college be able to consider the race of applicants in trying to create a diverse student body? What should a racially diverse American college campus look like?

6. Think about the other students at your school, your circle of friends, and the people who live in your neighborhood.

To what extent do you think Brown v. Board of Education's dream of an integrated America has been made real?

ABA Division for Public Education

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