BLACK, WHITE AND BROWN DESEGREGATION RULING ESTABLISHED A LEGAL LANDMARK, UNKEPT PROMISES Series: BLACK, WHITE and BROWN 40 Years of Desegregation SIDE BAR STORY

Article excerpt

BROWN VS. THE BOARD of Education has probably changed the everyday lives of Americans more than any other U.S. Supreme Court decision of the century.

The doctrine of "separate but equal" is dead in the law. But the practice is alive for many black children in America's cities.

Four decades after the Brown decision, one in three black school children attends a nearly all-black school.

These are the two faces of Brown - the monumental legal landmark and the unfulfilled legal promise.

Brown was more than a Supreme Court case. It was the trumpet fanfare that heralded a new era of American life.

Brown not only put an end to laws that required segregated education. It was a call to arms for the Civil Rights movement, setting the stage for the 1964 Civil Rights Act, the 1965 Voting Rights Act and the 1968 Fair Housing Act.

As a result, blacks could attend schools with whites, drink from the same water fountain, use the same bathroom, stay in the same inn, eat at the same restaurant, live in the same neighborhood.

Brown remade American society by helping to build a black middle class.

High school graduation rates for blacks have soared until they almost equal those of whites. More blacks attend four-year colleges than ever before. Those who attend integrated high schools tend to go to integrated colleges, to get jobs alongside whites and to move into integrated neighborhoods, researchers say.

Despite these gains, for the first time since Brown, American schools are becoming more racially segregated. Not only do one-third of black students attend nearly all-black schools, one-third more attend schools where more than half the students are black. For Hispanics, the fraction is even higher.

Among the states, Illinois has the highest percentage of black students in nearly all-black schools - 59.3 percent, a recent study showed.

And there are other problems:

On standardized tests, blacks still lag behind whites, although the gap has narrowed.

In the Supreme Court, most justices sound as if they want to begin wrapping up the four decades of court supervision of schools.

In the political arena, support for sweeping desegregation plans is weak. Important black political leaders are questioning the emphasis on desegregation. Last year, Mayor Freeman Bosley Jr. in St. Louis said he wants to end the voluntary city-county transfer plan, and Mayor Michael White of Cleveland called for an end to mandatory desegregation.

Robert Carter is among those expressing doubts. He was one of the NAACP Legal Defense Fund lawyers who argued against the doctrine of separate-but-equal before the court issued the Brown decision on May 17, 1954.

"Brown has been hailed as one of the giants of American jurisprudence," he said at New York University last month, "but whatever claim it may have to that classification, it cannot be based on its success in providing equal educational opportunity for minority children.

"Thus far, for most black children the constitutional guarantee of equal education opportunity which Brown held was secured to them has been an arid abstraction, having no effect whatsoever on the bleak offerings black children are given in the deteriorating schools they attend."

The man who sat next to Carter at the counsel table in that Topeka courtroom, Jack Greenberg, says Brown's impact can't be underestimated. "It created for first time a large black middle class which is growing faster than the white middle class." Kansas School Makes History

When Linda Brown was entering third grade in 1950, her best friend was Mona, an Hispanic girl. They played house and made mud pies together in their neighborhood by the railroad tracks near the Kaw River. But when Mona went to Sumner elementary school four blocks away, Linda couldn't go.

"She asked me why," Linda remembers. …