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

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[quote=Anonymous][quote][Post New]01/23/2020 16:41     Subject: Re:Residents appeal MCPS boundary changes, challenge legality of diversity focus  [Up]
Anonymous

Anonymous wrote:
Anonymous wrote:
FOCUS, people. You are taking this thread off the rails.

The facts are that the board put out a proposed policy for public comment, then they made a substantial change to the proposed policy, and then they approved the new policy (without public comment or review). Any of you with any knowledge of public policy, legislation or rulemaking know that this would never stand up. THIS is why there is so much mistrust of the board and MCPS leadership.

Not true. They did open the changes up for review. https://documentcloud.adobe.com/link/track?uri=urn...bc-f5d1-44bc-8ae5-7d4a85a29742

DP... even if they didn't, this wouldn't necessarily reverse the recent boundary changes since diversity was always one of the four factors. Unfortunately, it's not possible to have all four factors weighted equally.[/quote]

The appeal is structured to give the state one opportunity to rule in favor of the residents without making a statement on whether MCPS' diversity priority equates to racial balancing. The state could say that the BOE did not follow established procedures and therefore must re-evaluate. The state could also determine that the BOE changed its wording expressly to justify the racial balancing it wanted to achieve and knock it down from there.

The BOE is already in a bad place as there is a legal difference between diversity being a factor and diversity being the more important factor. The BOE's position that diversity is the overwhelming factor comes precariously close to using demographics aka race to determine school boundaries.

Once this moves out of an appeal and hits the courts it is predictable that MCPS will win in liberal courts and lose in conservative courts.

The strategic question for the state or BOE is to either kick the can down the road by reversing their decision to rezone Cabin Branch which would make the CB case go away  or go down the road with this one. Because of the their bad timing in inserting language to make diversity more important they may decide to kick the can down the road. They may decide its better to let this play out and go for a bigger larger bussing initiative throughout the county. Who knows. [/quote]

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