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

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[quote=Anonymous][quote=Anonymous]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]

If they did this in places where FARMS students are diverse racially, it is fine. But in Montgomery County 87% of FARMS students are Hispanic (55%) or African American (32%). FARMS rate is a good proxy for race in Montgomery County. MCPS did balance out FARMS rates but MCPS also balanced out racial compositions in Rocky Hill MS and Neelsville MS. It is up to the State Board or a court to decide whether this is constitutional.[/quote]

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