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DC Public and Public Charter Schools
Reply to "Ward 2/3 High School proposal in the NW Current"
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[quote=Anonymous][quote=Anonymous]Would your "soft cap" pass court muster? Adjusting the firmness of the cap based on the population of students affected smells an awful lot like disparate impact.[/quote] Different poster. I seriously doubt any race-based court challenge would be successful. If you've read the court rulings from the 1970 timeframe, it should be clear what DCPS was doing then was pretty ridiculous. I've not seen any more modern court cases where a challenge to some similar action to the school boundaries proposed here has had any support at all. Indeed, some of the recent precedent from the Supreme Court might even suggest that a DCPS plan that reserves OOB spots for AA or Hispanic students would face court scrutiny as an equal protection violation. It seems pretty clear that so long as DCPS creates a plan that's race-neutral on its face, there will be no successful challenge.[/quote]
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