Reply to Residents appeal MCPS boundary changes, challenge legality of diversity focus

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It’s not about racial discrimination PP. it’s about whether MCPS is trying to racially balance the two middle schools.  Look at the numbers above.  Trying to racially balance a school or use racial quotas is unconstitutional, like it or not. See what you think.[/quote].

Calling it FARMS rebalancing doesn’t really matter with the way the FARMS numbers are in MCPS - highly correlated with race.  A rose by any other name ........[/quote]

The same middle-class people who don't want to send their kids to higher-poverty schools, refuse to acknowledge that MCPS might have a valid and sincere interest in poverty rates at schools. I don't get it.[/quote]

I understand that. [b]But the state BOE really needs to weigh in here on the legal side.[/b]  They might say it’s fine.  Then MCPS can move ahead with their redistricting.  [/quote]

Here's the standard of review.

http://www.dsd.state.md.us/comar/comarhtml/13a/13a.01.05.06.htm

It starts with "Decisions of a local board involving a local policy or a controversy and dispute regarding the rules and regulations of the local board shall be considered prima facie correct, and the State Board may not substitute its judgment for that of the local board unless the decision is arbitrary, unreasonable, or illegal."

The decision wasn't arbitrary or unreasonable. And it didn't exceed the board's statutory authority or jurisdiction, misconstrue the law, result from an unlawful procedure, or abuse the board's discretionary powers. So that leaves "unconstitutional". I am not a lawyer, but I find it very difficult to believe that the Maryland Board of Education, in the absence of any court decisions, is going to decide that it's unconstitutional to use school poverty rates as a factor in boundary studies.[/quote]

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