Board of Education v. Nyquist

OPINION OF THE COURT

Mahoney, P. J.

In this proceeding we review the power of the Board of Regents of the State of New York and, more particularly, the Commissioner of Education to correct de facto racial imbalances in local public elementary schools by imposing pupil reassignment. The United States Supreme Court has firmly adhered to the view that only de jure segregation, i.e., a current condition of segregation resulting from intentional *185State action directed specifically at the segregated schools, is constitutionally impermissible (see Keyes v School Dist. No. 1, Denver, Col., 413 US 189).…