All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon familial decisions whether to bear, and how to rear, their children. However, these rights have not been held to be exempt from reasonable governmental regulation.
Craig S. Cooley,
Constitutional Law- Civil Rights- Private Schools Prohibited from Excluding Qualified Children Solely Because They Are Black,
U. Rich. L. Rev.
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