The U.S. Supreme Court's decision limiting the use of
race in school assignments will likely result in a period of upheaval as school districts drop race - conscious policies and consider whether to try alternative means to keep schools integrated, experts say.
After the 2007 U.S. Supreme Court decision in Parents Involved in Community Schools v. Seattle School District No. 1, which limited the voluntary use of
race in school assignment plans, 33 the number of schools and districts using socioeconomic integration policies grew rapidly.
In the original Brown decision, as well as a more recent case involving race and admissions to universities, a majority of the Court argued that considering
race in school assignment constitutional partly because racial integration is an important part of the learning environment.
Not exact matches
In a 5 - 4 decision, the United States Supreme Court today ruled against Seattle and Kentucky school - choice programs that considered race in the assignment of children to public school
In a 5 - 4 decision, the United States Supreme Court today ruled against Seattle and Kentucky
school - choice programs that considered
race in the assignment of children to public school
in the
assignment of children to public
schools.
That seminal law explicitly states that «desegregation» means the
assignment of students to
schools «without regard to their
race, color, religion, or national origin,» and shall not be interpreted to mean «the
assignment of students to public
schools in order to overcome racial imbalance.»
One sees a similar approach
in Parents Involved, which presented the question of whether K — 12
schools could take voluntary steps toward integration, that is, whether and when
schools could consider
race in student
assignments.
In 2001 only the federal appeals court covering the states of Connecticut, New York, and Vermont had upheld the use of race in student assignment or magnet school admissions in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversit
In 2001 only the federal appeals court covering the states of Connecticut, New York, and Vermont had upheld the use of
race in student assignment or magnet school admissions in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversit
in student
assignment or magnet
school admissions
in school districts not already under court order; it did so on the grounds that the state had a compelling interest in racial diversit
in school districts not already under court order; it did so on the grounds that the state had a compelling interest
in racial diversit
in racial diversity.
Since 2010, the civil rights office has issued detailed directives on eliminating racial disparities
in school discipline; the allocation of
school resources among racial groups;
schools» responsibility for preventing bullying; the use of
race - based
assignments to achieve diversity; achieving gender equity
in intercollegiate and interscholastic sports, and support for pregnant and parenting students.
The
school districts have not carried their heavy burden of showing that the interest they seek to achieve justifies the extreme means they have chosen — discriminating among individual students based on
race by relying upon racial classifications
in making
school assignments.
(b) «Desegregation» means the
assignment of students to public
schools and within such
schools without regard to their
race, color, religion, or national origin, but «desegregation» shall not mean the
assignment of students to public
schools in order to overcome racial imbalance.
The
school districts
in these cases voluntarily adopted student
assignment plans that rely upon
race to determine which public
schools certain children may attend.
Part of the reason for this shift is a recent U.S. Supreme Court opinion that suggested it may not be constitutionally sound for
schools and districts to integrate solely based on students»
race or ethnicity.15 Responding to this opinion, most
school integration policies have shifted away from using
race as a determining factor
in student
assignment.
As the recent battles over
school re-segregation
in various North Carolina
school districts make clear, the use of
race and poverty
in school assignment remains a controversial issue.
The state of the law regarding the use of
race in student
assignment has been somewhat up
in the air since the Supreme Court's confusing 2007 ruling
in a case involving the Seattle
school system and a DOE «guidance» issued the following year.
Districts including Jefferson County Public
Schools in Louisville, Kentucky, which had a racial quota
in its
assignment policy that was struck down by the Supreme Court, have remained integrated even without the option of
race - based policies.29 Semeuls, A. (2015, March 27).
'' [T] he Court may have to confront directly the core claim of opponents of those plans: that
race can not be used at all
in public
school student
assignment, unless it is «remedial» — that is, correcting for identifiable, continuing discrimination against identifiable students.