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

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[quote=Anonymous][quote=Anonymous][quote]Well I personally look forward to seeing how the State BOE comes out on this. And I think it will help all of us in the county to have an answer rather than debating/arguing/getting nasty about it on DCUM and elsewhere.

Also a great opportunity for students (and all of us) to learn constitutional law and how state law in Maryland works.[/quote]

I agree with this. I was trying to find the post that basically said we need to the state board to rule whether using race as factor -but not the only factor- in rezoning is acceptable. This issue is going to come up with every rezoning action that has the same similar appearance to racial balancing supported by the BOE sending out the tables showing the racial impact. The state BOE should take a position.

I worry that they will try to side step because with the Supreme Court now majority conservative and Roberts views on the issue clear from he wrote regarding the 2007 case chances are it will get knocked down. Justice Kennedy wanted a balance between fully applying the equal protection clause and allowing school systems some level of flexibility to tackle defacto segregation stemming from economic and/or housing patterns. There is no way not to use race to do this -however the line is unclear and it appears that MCPS may have stepped over that line. Roberts in the 2007 decision wanted the decision to be clearer and establish a race blind criteria. This would go further and even disallow things like deciding to place a program in a particular school based on the racial makeup of the school and doing away with any advantages URM students receive in other application processes.

A case like this getting to the Supreme Court may be inevitable and MD may try to just get as much rezoning done as possible before it all gets struck down. [/quote]

But race was not a factor in the rezoning.[/quote]

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