Reply to Is busing really an option?

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[quote=Anonymous]The Seattle case is on point. Courts have upheld voluntary integration efforts but the relevant outcome in the Seattle case is that schools could not use race for the purposes of involuntary school assignments. MCPS is already on record by voting to favor diversity over other factors. If MCPS does choose an area based on race and rezones it based on race to achieve diversity, people have standing to sue. I think it is highly likely that with the court in the hands of the conservatives that MCPS would lose this case.

This case would be entirely different than the discrimination investigation that MCPS is under now with the Office of Civil Rights over the magnet programs. In this situation, it is the reverse where MCPS is exercising white affirmative action by denying high performing asian students admission. This is a more classic case of minority racial discrimination with MCPS being on the side arguing for white affirmative action.

Its really interesting from a legal and political perspective. A jurist looking at existing law would most likely find MCPS wrong in both cases diversity bussing (A) and asian discrimination (B). A politically conservative white leaning individual would find MCPS wrong on (A) and right on (B). A liberal leaning white individual would find MCPS right on (A) and (B).

It also really begs the question as to how or even if public school systems should or even can seek diversity if legally they can not use race. A statement that seeking diversity is a compelling goal for the state but then knocking down the measures to achieve it does not mean that using those measures in a slightly different manner would ever be legal. If we had a functional administration it would be a good use of time for the DOE and lawyers from the DOJ and OCR to draft a guidance letter on what is legally advised and what is not but I guess none of these organizations will go this far just allowing local systems to flail about trying to figure it out.

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