Reply to MCPS magnet admission process should be sued following the lead from Virginia

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Reply to "MCPS magnet admission process should be sued following the lead from Virginia"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Didn't a group already sue MCPS because of the MS magnet changes? MCPS didn't change the HS process.[/quote]

Yes there is a law suit pending in the federal district court.  https://casetext.com/case/assn-for-educ-fairness-v-montgomery-cnty-bd-of-educ[/quote]

This case refers to middle school magnet admissions, correct? I thought it was dismissed because Moco switched to a lottery during the pandemic.[/quote]

Read the first paragraph of the linked opinion.  It was not dismissed.[/quote]
The lawsuit is still pending but there are some open questions that would need to be adjudicated.

MCPS will probably file to dismiss and claim that it’s moot and that the claimants no longer have an injury for which there is a remedy.

In that scenario, the judge could agree with MCPS or allow discovery to proceed and a hearing in order to confirm those claims.

I for one hope that it gets at least that far such that there will be further public disclosure about this lottery process that they have been pointedly secretive about. [/quote]

The next state of the litigation is likely going to be a motion for summary judgment after more discovery.  The standard for summary judgement is that there is no reasonable interpretation of facts such that the other side could prevail at trial.  If MCPS does not change its position that it is not sure whether or not it will return to the "old" pre-lottery system  after the pandemic (maybe as early as next year), the case will proceed to trial.  There are enough facts to support a race-based decision making process already on the record.  Likelihood of proceeding to trial heightened depending on outcome of Supreme Court Harvard case.[/quote]
I personally refuse to actually find out the litigation status because I have better things to do, but I would presume that it has already survived the 12(b)(6) dismissal motion? Motion for summary judgment would come after iirc. [/quote]

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