Legal Foundations of Contemporary School Segregation: A Doctrinal Analysis of U.S. School Choice Policy

Abstract Book of the 8th International Conference on Applied Research in Education

Year: 2026

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Legal Foundations of Contemporary School Segregation: A Doctrinal Analysis of U.S. School Choice Policy

Chandler King

ABSTRACT:

Although Brown v. Board of Education (1954) ended de jure segregation, contemporary racial separation in U.S. public schools increasingly emerges through school-choice mechanisms. Research shows that charter schools, voucher programs, and related policies can intensify racial and socioeconomic stratification (Frankenberg, 2011; Berliner & Hermanns, 2022). This study examines the legal and policy frameworks that shape these outcomes. Using a doctrinal legal research method grounded in Theil (2025), the analysis reviews federal and state statutes, major court decisions, and regulatory structures governing school choice since the 1990s. Three questions guide the review: (1) How do legal frameworks influence racial segregation in K–12 schools? (2) Which school-choice mechanisms exacerbate or mitigate segregation? (3) What reforms could promote more equitable and integrated schooling opportunities? By connecting legal history with contemporary policy analysis, the study identifies key gaps and patterns in the current regulatory landscape. Findings offer actionable implications for policymakers and school leaders seeking to balance parental choice with equity goals. This work contributes to applied education research by clarifying the legal foundations of modern segregation and highlighting reform pathways that advance racial and socioeconomic justice.

Keywords: School Choice, Education Policy, Racial Segregation, Educational Equity, Legal Frameworks