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Brief of Amici Curiae National School Boards Association, et al., in Support of Respondents in Gratz v. Bollinger

Legal Brief - February 19, 2003 -


  • In elementary and secondary education, constitutional principles are shaped by he unique mission of schools and the authority of education officials to pursue that mission
  • Diversity enhances students' civic values, improves student learning, improves students' preparation for employment, and increases educational opportunities
  • Issues of race remain central to fulfilling the mission of elementary and secondary schools
  • The educational benefits of diversity are sufficiently compelling to justify limited race-conscious actions
  • Critical mass is ideal and prevents tokenism and mere proportionality
  • Current federal law establishes judicially enforceable limiting principles that apply to race-conscious decisions made by state and local education officials