“ Must not a school board fashion a plan that makes the majority race, and not the minority races alone, share in the unequal facilities designed by the State for part of its educational regime and make sure that the minorities, to the extent feasible, have the opportunity to share the superior facilities with the majority? ”

“ The remedies, if any, that are available where school segregation is de facto and not de jure are not yet clear. But Plessy v. Ferguson has not yet been overruled on its mandate that separate facilities be equal. Where public schools for Blacks or Chicanos are not equal to schools for Whites, I see no answer to the argument that schools boards can rectify the situation among the races by designing a system whereby the educational inequalities are shared by the several races. ”

“ There can be de facto segregation without the State's being implicated in the actual creation of the dual system. But even when there is de facto segregation, the problem is not necessarily resolved.
Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256, decided in 1896, held that public facilities could be separate for the races provided they were equal. If San Mateo County maintains a public school for Blacks that is not equal to the one it maintains for Whites, is there a remedy? ”