William J. Brennan, Jr.

“ The New Kent School Board's 'freedom-of-choice' plan cannot be accepted as a sufficient step to 'effectuate a transition' to a unitary system. In three years of operation not a single white child has chosen to attend Watkins school and although 115 Negro children enrolled in New Kent school in 1967 (up from 35 in 1965 and 111 in 1966) 85% of the Negro children in the system still attend the all-Negro Watkins school. In other words, the school system remains a dual system. ”

“ It is incumbent upon the school board to establish that its proposed plan promises meaningful and immediate progress toward disestablishing state-imposed segregation. It is incumbent upon the district court to weigh that claim in light of the facts at hand and in light of any alternatives which may be shown as feasible and more promising in their effectiveness. ”

“ Rather than further the dismantling of the dual system, the plan has operated simply to burden children and their parents with a responsibility which Brown II placed squarely on the School Board. The Board must be required to formulate a new plan and, in light of other courses which appear open to the Board, such as zoning, [6] fashion steps which promise realistically to convert promptly to a system without a 'white' school and a 'Negro' school, but just schools. ”

“ Thus we recognized the task would necessarily involve solution of 'varied local school problems.' Id., at 299, 75 S.Ct. at 756. In referring to the 'personal interest of the plaintiffs in admission to public schools as soon as practicable on a nondiscriminatory basis,' we also noted that ' (t) o effectuate this interest may call for elimination of a variety of obstacles in making the transition * * *.' Id., at 300, 75 S.Ct. ”