Cobra
03-12-2008, 06:08 PM
The drama over bussing and all this has been going on in louisville for years now. You think after losing a SC case they'd figure out a non-race based enrollment system. Looking at neighborhood race is almost the same things as looking at individual student race.
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080312/NEWS01/803121032
A temporary plan to keep Jefferson County Public Schools desegregated next year survived its first legal challenge yesterday when a federal judge refused to strike it down.
U.S. District Judge John Heyburn II rejected a challenge by Louisville attorney Ted Gordon, who contends the plan for the 2008-09 school year is unconstitutional.
Gordon, who successfully challenged the district's old desegregation policy, argued that it revived "a quota system" in which the district is "assigning kindergartners and first-graders to elementary schools based upon racial classifications."
Heyburn disagreed, saying the plan is not an "obvious, clear-cut violation" to the U.S. Supreme Court ruling last year that forbids districts from considering individual students' race when assigning them to schools.
The interim plan that the Jefferson County Board of Education adopted in January uses geography to ensure that elementary schools draw 15 percent to 50 percent of their enrollment from areas with minority populations of at least 45 percent.
It would apply to children entering first grade, students new to the district or who have moved, and those requesting transfers. District officials said the interim plan would not affect current student assignments.
Heyburn told Gordon yesterday that would be difficult to determine whether someone's rights would be violated by the temporary plan without actual plaintiffs who say the plan harmed them.
"You may well have some valid points, but I don't know," the judge said.
Heyburn told Gordon to find a plaintiff and file a lawsuit if he wants to further challenge the plan.
"If someone tomorrow is denied choice of admission under circumstances that you think are problematic, the court will address that as a new case, if that is what it would take," he said, promising to handle it "very quickly, well before the start of the school year."
After the hearing, Gordon said he was disappointed with Heyburn's ruling, but he is prepared to file a new lawsuit.
"If someone else wants to contact me because they believe their child has been deferred or kept out of another school because of race, my name is Ted Gordon, my phone number is in the phone book, and we will come right back," he said.
Attorneys for the school district promised to vigorously defend the interim plan.
"If someone else files suit to force us back in court … we will come back down here and defend the district's student assignment plan, which we think is in compliance with the Supreme Court's decision," said Byron Leet, who is one of several lawyers representing the school board. Superintendent Sheldon Berman has said the interim plan is designed "to prevent slippage" of diversity until a more permanent policy is in place for 2009-10.
The district's long-term proposal to keep its schools desegregated would use race, income and education equally in assigning students.
It would have all elementary, middle and high schools enroll 15 percent to 50 percent of their students from neighborhoods that have income and education levels below the district average and a higher-than-average minority population.
The board expects to vote on that proposal in May.
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080312/NEWS01/803121032
A temporary plan to keep Jefferson County Public Schools desegregated next year survived its first legal challenge yesterday when a federal judge refused to strike it down.
U.S. District Judge John Heyburn II rejected a challenge by Louisville attorney Ted Gordon, who contends the plan for the 2008-09 school year is unconstitutional.
Gordon, who successfully challenged the district's old desegregation policy, argued that it revived "a quota system" in which the district is "assigning kindergartners and first-graders to elementary schools based upon racial classifications."
Heyburn disagreed, saying the plan is not an "obvious, clear-cut violation" to the U.S. Supreme Court ruling last year that forbids districts from considering individual students' race when assigning them to schools.
The interim plan that the Jefferson County Board of Education adopted in January uses geography to ensure that elementary schools draw 15 percent to 50 percent of their enrollment from areas with minority populations of at least 45 percent.
It would apply to children entering first grade, students new to the district or who have moved, and those requesting transfers. District officials said the interim plan would not affect current student assignments.
Heyburn told Gordon yesterday that would be difficult to determine whether someone's rights would be violated by the temporary plan without actual plaintiffs who say the plan harmed them.
"You may well have some valid points, but I don't know," the judge said.
Heyburn told Gordon to find a plaintiff and file a lawsuit if he wants to further challenge the plan.
"If someone tomorrow is denied choice of admission under circumstances that you think are problematic, the court will address that as a new case, if that is what it would take," he said, promising to handle it "very quickly, well before the start of the school year."
After the hearing, Gordon said he was disappointed with Heyburn's ruling, but he is prepared to file a new lawsuit.
"If someone else wants to contact me because they believe their child has been deferred or kept out of another school because of race, my name is Ted Gordon, my phone number is in the phone book, and we will come right back," he said.
Attorneys for the school district promised to vigorously defend the interim plan.
"If someone else files suit to force us back in court … we will come back down here and defend the district's student assignment plan, which we think is in compliance with the Supreme Court's decision," said Byron Leet, who is one of several lawyers representing the school board. Superintendent Sheldon Berman has said the interim plan is designed "to prevent slippage" of diversity until a more permanent policy is in place for 2009-10.
The district's long-term proposal to keep its schools desegregated would use race, income and education equally in assigning students.
It would have all elementary, middle and high schools enroll 15 percent to 50 percent of their students from neighborhoods that have income and education levels below the district average and a higher-than-average minority population.
The board expects to vote on that proposal in May.