In a memo entitled “Order on Civil Action 5281,” Commissioner of Education Robert Scott points out the following:

The federal court with jurisdiction over the statewide desegregation order (usually called “Civil Action 5281”) has entered an order removing virtually all Texas school districts from the scope of the order. Since 1971, all districts have operated under certain restrictions on accepting student transfers, requirements for property deeds and other reporting requirements….

From September 27, 2010, all districts, except the original nine school districts that were party to the case, are no longer subject to the order. Except for those districts1, there is no longer any obligation to report student transfers or submit real property conveyances for approval. The agency will no longer monitor district boundary changes, transportation, extra-curricular activities, or staff and student assignment for purposes of the order. There is no action required of your district in response to the court’s order.
Read the complete memo online

Not really knowing anything about this–Civil Action 5281–I googled it and discovered this frequently asked questions (FAQ) document that explains this in simpler terms:
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Civil Action 5281 is the name of a federal court order handed down by Judge William Wayne Justice in 1968, and modified in 1971. This court order was the result of a lawsuit brought against the State of Texas by the U.S. Department of Education. The court found the schools in Texas to be segregated in violation of the U.S. Constitution. In the court order, Judge Justice ordered the Agency to take actions to ensure that the state’s schools were desegregated to the satisfaction of the court.

My best understanding of this–without any background knowledge–is that Texas schools are no longer considered segregated and, as such, no longer in violation of the U.S. Constitution.

Is that explanation accurate?


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Everything posted on Miguel Guhlin’s blogs/wikis are his personal opinion and do not necessarily represent the views of his employer(s) or its clients. Read Full Disclosure

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