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Montgomery County Public Schools (MCPS)
Reply to "Residents appeal MCPS boundary changes, challenge legality of diversity focus"
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[quote=Anonymous]Here's a good article back from when the 2007 Supreme Court case ruled on using race for school assignments. https://www.sfgate.com/bayarea/article/Supreme-Court-Schools-can-t-use-race-to-assign-2584155.php This ruling needs to be revisited IMO because in attempting to create a middle ground between promoting diversity and applying the equal protection clause to all races the court inadvertently threw school systems into an unsolvable legal conflict. School systems are expected to achieve desegregation while at the same time not using race as the factor to make changes that would desegregate. This had led school systems to try mechanisms that simply obfuscate their use of race which doesn't work because the school systems have to pull the racial data in order to evaluate whether their proxy mechanism to hide race worked to achieve their desired racial balancing. School systems like MCPS and others seem to have interrupted this as a wink wink situation where if they can find a slim thread to cover the use of race in the assignments then its OK -which does work in a court. Furthermore, school systems like MCPS that openly make statements such as focusing on groups of students defined by race do themselves no favor in later trying to claim that they did not use race. One thing that is consistent across liberal and conservative jurists is that any attempt to deceive the court is never accepted. The court needs to either rule that in the pursuit of diversity it is not a violation of the equal protection act to determine school assignments (liberal/activist position) or that schools must be completely color blind in determining school assignments (conservative/strict constructivist). [/quote]
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