Lesson Title:
Desegregating the University of Delaware
Revised 08/24/2015
Lesson Author: The Delaware Law Related Education Center, Inc.
Lesson Description: This lesson is a case study of Parker v. University of Delaware,
which led to the Court-ordered desegregation of the University of Delaware in 1950. The
case allows students to analyze the concepts of “Separate but Equal” and the “Rule of
Law” and how these concepts were applied in this particular case. The lesson is focused
on tradition, change and adaptation of public policy through the law.
Grade Level: 9-12
CCSS Reading Anchor 2: Grade 11 -12:
Provide an accurate summary of a primary or secondary source that makes clear the
relationship among the key details and ideas.
Civic Standard: Civics Standard Two: Students will understand the principles and
ideals underlying the American political system.
End of Cluster Expectations (Benchmarks): Students will understand that the
functioning of the government is a dynamic process which combines the formal balances
of power incorporated in the Constitution with traditions, precedents, and interpretations
which have evolved over the past 200 years.
Essential Question: How does the “Rule of Law” help balance the conflict between
tradition and change?
Assessment: Constructed Response and Multiple Choice:
The City of Wilmington has created a program to encourage the development of minority
businesses by setting aside ten percent of all City construction projects for minority
contractors. A union contractor, who lost a bid to a minority firm, is suing the City in the
Delaware Court of Chancery. The contractor argues that the program violates the
Fourteenth Amendment. The City argues that the program provides a remedy for past
discrimination by the building unions that prevented minorities from receiving a fair
share of contracts. It also argues that most of the unions traditionally allowed only whites
to join. The U.S. Supreme Court has ruled in the case of Fullilove v. Klutznick that a
federal program identical to the City’s is constitutional.
1. What principle should the Court of Chancery use in deciding this case?
(a) Rule of Law
(b) Due Process
(c) Civic Responsibility
(d) Freedom of Speech
Desegregating the University of Delaware –page 1.
Correct response is (a)
2. How might the Court of Chancery’s decision affect the construction industry in
Delaware? Explain your answer.
Rubric:
2 – This response gives a valid effect with an accurate and relevant
explanation.
1 – This response gives a valid effect with an inaccurate, irrelevant, or no
analysis of the effect of the decision.
0 – This is an inaccurate response.
Sample Response:
2 – The Court’s decision might result in an increase in the number of
minority contractors because there would be more access to contracts
and less discrimination.
1 – The Court’s decision might increase the number of minorities in building
unions.
1 – The Court’s decision might reduce the number of construction contracts
going to union contractors.
3. Why would the city’s program not violate the Constitution? Explain why the
U.S. Supreme Court probably made its decision.
Rubric:
2 – This response gives a valid reason with accurate and relevant analysis
of the reason.
1 – This response gives a valid reason with inaccurate, irrelevant, or no
analysis of the reason.
Sample Response:
2 – The City’s program does not violate the Fourteenth Amendment because
the program provides a remedy for past discrimination and the prior
unfair treatment of minority contractors.
1 – The City’s program does not violate the Fourteenth Amendment.
0 – Inaccurate response.
4. What is the best explanation of the “Equal Protection Clause”?
(a) Every person is entitled to fair treatment in a court.
(b) Individuals are protected from unlawful discrimination by a government.
(c) Each branch of government’s power is limited to prevent abuse.
(d) Government may not favor some ideas over others.
Correct Response: (b)
Desegregating the University of Delaware – Page 2
Objective(s): Students will be able to:
 Analyze portions of the case Parker v. University of Delaware and reach a
conclusion on the outcome of the case.
 Describe how the “Rule of Law” controls what a court may decide in a case.
 Determine how decisions of a court may change our society.
Prior Knowledge and Skills and Home Work Assignment Prior to the Lesson:
 Students should be aware of the impact of the Court’s decision in Plessy v.
Ferguson and how the principle of “Separate but Equal” was applied in education.
Lessons on this case are available at www.landmarkcases.org.
 As a home work assignment prior to the lesson, have students complete the
“Fourteenth Amendment v. Tenth Amendment: Federalism” activity. This
lesson may be downloaded from www.landmarkcases.org. On the right side of the
Home page click on Plessy v. Ferguson. Select the “Teaching Tab” and the lesson
is under Activities. You may need to double click on the lesson.
Time to Complete: One 90 minute block or two 45 minute classes
Materials needed:
1. Homework Assignment: “Fourteenth Amendment v. Tenth Amendment” from
www.landmarkcases.org.
2. Power Point Slides:
 Slide 1: Review of Plessy v. Ferguson (Slide needs 6 clicks to bring up hidden
material)
 Slide 2: The Principle of the “Rule of Law” (Slide needs 2 clicks to bring up
hidden material)
 Slide 3: See below- Student Handouts
 Slide 4: See below- Student Handouts
 Slide 5: Chart “Comparing Schools” Shows the University of Delaware and
Delaware State College Libraries in the 1950’s. (Only in Power Point Show)
 Slide 6: Chart giving example of comparison using the faculty of the two schools.
 Slide 7: Sample Comparison Chart
 Slide 8:Chancellor Seitz’s Decision
3. Copies of Student Handouts One and Two (Power Point Slides 3 and Slide 4) and
“Comparison of the Schools” case study material handouts for student. (Tip: Suggest
showing Slide 6, the example, and copying each of the five other case materials in
different colors to facilitate putting students into groups)
4. Flip Chart paper and markers, tape to attach to walls
Procedure Steps:
1. Review Homework Assignment
5 minutes
Read “Power Point Slide 1: Review of Plessy v. Ferguson” to the class. Remember
that it will take 6 clicks to bring up all the text on the slide.
Desegregating the University of Delaware – Page 3
Based on their homework assignment and the slide, students should discuss the
conflict between the Tenth and Fourteenth Amendments in the case. They should also
explain what the Court meant by “Separate but Equal” and give example.
Explain that the U.S. Supreme Court has the power to interpret the law – to say what
a law means. In Plessy, the U.S. Supreme Court decided that the “equal protection
clause” meant that facilities needed to be equal, but they could be segregated.
2. Focus Question: Slide 2, “Rule of Law”
5 minutes
Use Power Point Slide 2 to discuss Chancellor Seitz’s comments on segregation. It
will need two clicks. After students read the quote, ask them to explain why
Chancellor Seitz said he could not decide that a “segregated school cannot be an
equal school.” (Sample response: He must follow the “Rule of Law” and there is a
precedent from the Supreme Court – Plessy v. Ferguson – that assumes such a school
is possible.) Explain that under the “Rule of Law” everyone must follow the law –
citizens, presidents, police, and judges in courts other than the U.S. Supreme Court.
3. Case Study Introduction
(total 20 minutes)
Explanation
5 minutes
Explain to students that they will be participating in a case study of Parker v.
University of Delaware. Also explain that this case is very important because it was
the first college desegregation case won at a state level anywhere in the United States.
Think-Pair-Share
15 minutes

Explain to students that they will be working in pairs on this activity and
that each pair will be expected to share their findings with the class. Pair up
all students and, if there is an odd number, have three students in one group.

Give students copies of Student Handout One. Show Power Point Slide
3. Ask students to read the handout and then in pairs review the facts and
answer the questions. Ask one student in each pair to volunteer to be the
recorder and write down their answers. Ask each pair to respond to one of
the four questions. Be sure that everyone agrees on what happened, who the
parties are, what facts are important, and why the parties may have acted the
way they did.
3. Frame the Issues
(Total 20 minutes)
Think-Pair-Share
15 minutes

Have students remain in pairs for this activity. Give students copies of
Student Handout Two. Show Slide 4. Ask the pairs to list all the
arguments presented on each side.
Desegregating the University of Delaware – Page 4

Ask half of the pairs to role-play that they are lawyers for the plaintiff and the
other half to role-play that they are lawyers for the defendants. Have
representatives from each side present their arguments to the Court. Ask
students to clarify and add to the responses. Explain to the students that
Chancellor Seitz considered only the final argument of the defendants; i.e.,
whether the facilities were unequal.
4. Whole Group Discussion
5 minutes
Ask students to identify the following issues in the case from Student Handout Two.
 What are the legal and constitutional issues in the case? (e.g., Tenth and
Fourteenth Amendments, precedent, Rule of Law, Separate but Equal Doctrine)
 What are the public policy issues? How will the Court’s decision affect society?
(the cost of one verses two systems, the effects on other segregated facilities)
 What values are in conflict? (equality v. special treatment, tradition v. change,
segregation v. integration, single group v. diversity)
5. Reach a Decision on the Case
Cooperative Learning Groups


(total 30 minutes)
20 minutes
Break students into five groups and give each group a sheet of flip chart
paper and a marker. Have tape available, if necessary. Ask each group to
draw a line down the center of paper and to write Delaware State College on
one side and University of Delaware on the other. Demonstrate using Slide
5.
Explain that Chancellor Seitz visited both schools and looked at the
following areas: Faculty, Physical Facilities, Administration, Accreditation,
the Library and Curricula. Explain that the handouts that they will be given
describe what he found and that these comparisons were in the Chancellor’s
final Opinion on the case. Show students Power Point Slide 6, which is a
photograph of the Libraries at the two school in the 1950’s

Give each group one of the sets of the areas evaluated by the Chancellor,
with the comparison of the Faculty on the top of all sets. Show Power
Point Slide 7 which compares the faculties. Use this comparison as a way
to demonstrate what the groups should do with their assigned area. Ask
students to do a similar comparison. A presenter and a person to prepare the
chart should be chosen by each group. Groups should discuss their handout
and prepare their chart. Charts should be placed on the wall when each
group is finished.
Desegregating the University of Delaware – Page 5

The presenter from each group should explain their group’s chart. Each one
should be asked if the two schools are equal in their assigned area. Ask
other students to respond to the information in each chart. Have the
Accreditation Group present last.
Question: Are the schools equal? If not, what should the Court require the State of
Delaware to do? What are the State’s options?
Large Group Discussion
10 minutes

Use “Chancellor Seitz’s Decision,” Slide 8. Read the excerpt from the
Opinion. Review the excerpt and ask students to summarize what
Chancellor Seitz said. Discuss the similarities and differences with the
students’ conclusions. Explain that lack of Accreditation meant that
students could not get into graduate or professional schools.

Tell the students that the State of Delaware accepted Chancellor Seitz’s
Opinion and did not appeal it to the Federal Courts. This was the first time
that a state university voluntarily agreed to desegregate.
6. Closure
5 minutes
Ask the students the following questions for group response:
 What do we mean by the term “Rule of Law?” Ask for an example from the
Parker decision.
 How did Chancellor Seitz’s decision affect public policy in Delaware?
 How did the decision balance tradition and change?
Assessment: Administer the assessment.
10 minutes
Desegregating the University of Delaware – Page 6
Student Handouts
STUDENT HANDOUT ONE:
Background on Parker v University of Delaware
Terms to Know:
Class Action is a lawsuit brought by one or more persons on behalf of a larger group.
Court of Chancery is a court of equity, which can provide relief when no adequate
remedy is available in the law. Delaware is one of the few states with a Court of
Chancery.
Injunction is a court order requiring a person to do or not do something.
In 1950, Delaware had two separate institutions of higher learning. The University of
Delaware was reserved for white students. African American students who wanted to
attend college in Delaware were required to attend Delaware State College. Several
African American students, including Brooks M. Parker, requested that the University of
Delaware give them application forms so that they could apply for admission to the
University of Delaware. The University refused because they were African American and
because there was another school, Delaware State College, which they could attend.
The African American students instituted a class action suit against the University saying
that the University’s policy violated the Equal Protection Clause of the Fourteenth
Amendment to the Constitution. They argued that Delaware State College was not equal
to the University of Delaware. They asked the Court of Chancery to issue an injunction
that would force the University to allow students of any race to apply for admission and
to be accepted without regard to the race of the applicant.
(Source: Simple Justice by Richard Kluger)
QUESTIONS:
1. What happened in this case?
2. Who are the parties in the case?
3. What facts are important?
4. Why did the people involved act the way they did?
STUDENT HANDOUT TWO:
Parker v. University of Delaware Arguments
The Plaintiffs (Students)
“[P]laintiffs brought this action charging (1) that the Trustees of the University were not
authorized by the Constitution of the State of Delaware or by any statute or law in force
in Delaware to deny plaintiffs application blanks because of their color, and (2) the action
of the Trustees violated . . . the Equal Protection Clause of the Fourteenth Amendment to
the United States Constitution.”
The Defendants (University of Delaware)
“The Defendants have asserted three defenses to the complaint. They first contend that
the complaint does not involve a class action . . . . They next contend that the Fourteenth
Amendment to the United States Constitution has no application because the University
is not a state institution. And finally, they contend that, assuming the Fourteenth
Amendment to the Constitution to be applicable, and conceding that separate segregated
state facilities must be equal, nevertheless, the evidence fails to show that the College is
unequal to the University”
QUESTION
What are the arguments presented by each side?
WHOLE GROUP DISCUSSION
What are the legal and constitutional issues in the case?
What are the public policy issues? How will the Court’s decision affect society?
What values are in conflict?
UNIVERSITY OF DELAWARE
DELAWARE STATE COLLEGE
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
Parker v. University of Delaware:
Comparison of the Schools Handouts
from
Chancellor Seitz’s Decision on Parker
Slide 6
Example
FACULTY
University of Delaware
Delaware State College
Rank
48 Professors, 33 Associate Professors
Rank
4 Full Professors
Training
77 Doctors, 112 Masters
58 Bachelors
Training
4 Doctors, 21 Masters,
6 Bachelors
Salary Distribution
$3,000 to $6,700
Scholarship of faculty
Research- full time and part
Encouragement of Research by
administration
Honors (Presentation of papers
to honorary societies, etc.)
Bibliography and scholarly publications
Salary Distribution
$2,250 to $4,300
Scholarship of the faculty
No Encouragement
No distinction
No bibliography
Power Point Slides
Parker
Review of Plessy v.
Ferguson
In 1896, . . . the Supreme Court ruled
in Plessy v. Ferguson that segregation
was permissible in facilities such as
schools, restaurants, railroad cars and
restrooms, so long as those facilities
were equal. This doctrine, known as
“Separate but Equal” was in place for
nearly 60 years. Because “Separate
but Equal” lasted so long, many
Americans came to think of
segregation as appropriate or even
desirable.
Street Law: A course in Practical Law, 6th
Edition, page 483, Lee Arbetman and
Edward O’Brien
Reprinted with authors’ permission
Slide 1: Parker
The Principle of the “Rule of Law”
Read and discuss the following section
from Chancellor Seitz’s decision. Why
could he not decide that a “segregated
school cannot be an equal school”?
“Under the present state of the decisions
of the United States Supreme Court
construing the Equal Protection Clause
of the United States Constitution, I do
not believe I am entitled to conclude that
segregation alone violates that clause. I
therefore pass over plaintiffs’ first
contention that a segregated school
cannot be an equal school.”
Slide 2: Parker
STUDENT HANDOUT ONE:
Background on Parker v University of Delaware
Terms to Know:
Class Action is a lawsuit brought by one or more persons on behalf of a larger group.
Court of Chancery is a court of equity, which can provide relief when no adequate
remedy is available in the law. Delaware is one of the few states with a Court of
Chancery.
Injunction is a court order requiring a person to do or not do something.
In 1950, Delaware had two separate institutions of higher learning. The University of
Delaware was reserved for white students. African American students who wanted to
attend college in Delaware were required to attend Delaware State College. Several
African American students, including Brooks M. Parker, requested that the University of
Delaware give them application forms so that they could apply for admission to the
University of Delaware. The University refused because they were African American and
because there was another school, Delaware State College, which they could attend.
The African American students instituted a class action suit against the University saying
that the University’s policy violated the Equal Protection Clause of the Fourteenth
Amendment to the Constitution. They argued that Delaware State College was not equal
to the University of Delaware. They asked the Court of Chancery to issue an injunction
that would force the University to allow students of any race to apply for admission and
to be accepted without regard to the race of the applicant.
(Source: Simple Justice by Richard Kluger)
QUESTIONS:
1. What happened in this case?
2. Who are the parties in the case?
3. What facts are important?
4. Why did the people involved act the way they did?
Slide 3: Parker
STUDENT HANDOUT TWO:
Parker v. University of Delaware Arguments
The Plaintiffs (Students)
“[P]laintiffs brought this action charging (1) that the Trustees of the University were not
authorized by the Constitution of the State of Delaware or by any statute or law in force
in Delaware to deny plaintiffs application blanks because of their color, and (2) the action
of the Trustees violated . . . the Equal Protection Clause of the Fourteenth Amendment to
the United States Constitution.”
The Defendants (University of Delaware)
“The Defendants have asserted three defenses to the complaint. They first contend that
the complaint does not involve a class action . . . . They next contend that the Fourteenth
Amendment to the United States Constitution has no application because the University
is not a state institution. And finally, they contend that, assuming the Fourteenth
Amendment to the Constitution to be applicable, and conceding that separate segregated
state facilities must be equal, nevertheless, the evidence fails to show that the College is
unequal to the University”
QUESTION
What are the arguments presented by each side?
WHOLE GROUP DISCUSSION
What are the legal and constitutional issues in the case?
What are the public policy issues? How will the Court’s decision affect society?
What values are in conflict?
Slide 4: Parker
Comparison of the Schools 1950
Example: Faculty
University of Delaware
48 Professors, 33 Associate Professors
Training
77 Doctors, 112 masters, 58 Bachelors
Salary Distribution
$3,000 – $6,700
Scholarship of faculty
Research – full time and part time
Encourage of research by Administration
Honors Presentation of papers to honorary societies, etc.)
Bibliography and scholarly publications
Delaware State College
Rank
4 full Professors
Training
4 Doctors, 21 Masters, 6 Bachelors
Salary Distribution
$2,250 - $4,300
Scholarship of faculty
No Encouragement
No distinction
No bibliography, no publications
Slide 7: Parker
UNIVERSITY OF DELAWARE
DELAWARE STATE COLLEGE
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
│
Slide 6: Parker
Chancellor Seitz’s Decision
“The various matters discussed and compared
demonstrate the all-pervading manner in which the
College is inferior to the University. Thus whether
the two institutions are compared item by item or in
their totalities the same conclusion inescapably
appears. The College is woefully inferior to the
University in physical facilities available to and in
the educational opportunities offered its
undergraduates in the School of Arts and Sciences.
In consequence, the State of Delaware is not
providing these plaintiffs and others similarly
situated with the educational opportunities at the
College which are equal to those provided at the
University.
“It follows from my conclusion that the Trustees of
the University by refusing to consider plaintiffs’
applications because they are Negroes have violated
the guarantee contained in the Equal Protection
Clause of the United States Constitution. The
Plaintiffs are therefore entitled to a permanent
injunction in accordance with the prayers of their
complaint.”
Slide 8: Parker