Generally, school districts operating under desegregation orders not only must comply with the specific requirements set forth in those orders but also have an “affirmative duty to take whatever steps might be necessary to convert to a unitary system.” See Green v. New Kent County School Board, 391 U.S. 430, 437-38 (1968); see also Freeman v. Pitts, 503 U.S. 467 (1992). A “unitary system” is one in which there is “presently no de jure racial segregation, and the vestiges of former de jure segregation have been eliminated to the extent practicable.” N.A.A.C.P. v. Duval Cty. Sch., 273 F.3d 960, 965 (11th Cir. 2001) (citing Freeman, 503 U.S. at 494).
Historically, school districts seeking unitary status have been subject to intensive scrutiny. School districts usually were required to present evidence showing, at a minimum, they had eliminated the vestiges of segregation across all areas of their operation, by addressing six factors, commonly known as the Green factors. These six Green factors include student assignment, faculty, staff, transportation, facilities, and extracurricular activities.
Some recent government actions and court decisions indicate that the level of scrutiny required to attain unitary status may be in flux. For example, the U.S. Department of Justice (“DOJ”), charged with overseeing compliance with many desegregation orders for decades, recently has supported several school districts seeking unitary status, without requiring a significant evidentiary showing. For example, in April 2025, DOJ issued a press release explaining that it had dismissed an action that had led to a desegregation consent decree with Plaquemines Parish School Board in Louisiana.
Similarly, in U.S. v. Jackson County School Board, No. 4:70-CV-1616, a federal case from the Northern District of Florida, DOJ did not oppose the school district’s motion for unitary status. The school district filed an eight-page motion seeking unitary status in student discipline, the one Green factor in which it had not previously been declared unitary. The court granted the motion only one day after it was filed, without a hearing.
What This Means for School Districts
School districts currently under desegregation orders may find a favorable environment in which to pursue unitary status. Nevertheless, those districts considering a motion for unitary status should still evaluate their compliance with outstanding order and ensure that they have evidence of their progress in eliminating vestiges of segregation, particularly with respect to the Green factors, in the event an evidentiary showing is required by the relevant court in a manner consistent with precedent.
