Law & Courts

Diversity on the Docket

By Andrew Trotter — October 03, 2006 1 min read
Louisville, KY.: Teacher Carlotta Ingram welcomes kindergarten students last month to John F. Kennedy Montessori Elementary School, which, like other schools in the Jefferson County district follows a policy that considers race in assigning students. The U.S. Supreme Court will review the district's policy during the term that begins this week.
  • Save to favorites
  • Print

School leaders attest to educational and social benefits from such diversity. They argue that local housing patterns historically tend to separate families of different races and may lead to schools that are racially homogeneous if the districts do not counter them with assignment policies that consider race.

Diversity on the Docket
Introduction
Kentucky: No Shades of Gray
Seattle: Target Demographics

But in two appeals to the high court, families in Jefferson County, Ky., and Seattle argue that such race-conscious plans have unconstitutionally denied their children the equal protection of the law.

The high court’s decisions in the cases could have a dramatic impact across the country, potentially affecting student-assignment plans in hundreds of districts, legal observers say.

The rulings would also be the first time that the court has addressed race in education since a pair of landmark 2003 decisions upholding the use of race in higher education admissions. Since then, the makeup of the court has changed, with Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito III joining during the last term.

The Bush administration is supporting the families’ appeals of lower-court decisions that upheld the race-conscious policies in Jefferson County and Seattle. The administration argues that the student-assignment plans were not “narrowly tailored,” and did not further “a compelling government interest.” Those are requirements for constitutionality that the Supreme Court has established for all government classifications based on race.

But the administration stops short of calling for the justices to overrule the core principle expressed three years ago in the University of Michigan cases—that race can be a factor in admissions when considered as part of an individualized review of an applicant.

The school districts argue that their plans, in the specifics, use race in ways that are narrowly tailored, and that maintaining racial diversity furthers important educational goals.

The cases, Meredith v. Jefferson County Board of Education (Case No. 05-915) and Parents Involved in Community Schools v. Seattle School District (No. 05-908), have not yet been set for oral arguments, but those are likely to come later this fall.

Coverage of district-level improvement efforts is underwritten in part by grants from the Carnegie Corporation of New York and the William and Flora Hewlett Foundation.
A version of this article appeared in the October 04, 2006 edition of Education Week as Diversity on the Docket

Events

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
CTE for All: How One School Board Builds Future-Ready Students
Discover how CPSB uses partnerships and high-quality digital resources to build equitable, future-ready CTE pathways for every student.
Content provided by Cengage School
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Making AI Work in Schools: From Experimentation to Purposeful Practice
AI use is expanding in schools. Learn how district leaders can move from experimentation to coordinated, systemwide impact.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court to Consider Whether Catholic Preschools Can Reject LGBTQ+ Families
Catholic preschools say Colorado violated religious rights by excluding them from a state-funded program over admission policies.
2 min read
Image of the Supreme Court in the background, an LGBTQ flag waving, and symbols of wedding rings with a male and female sign incorporated in the ring shapes.
Laura Baker/Education Week + Canva
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Supreme Court Seems Poised to Reject Trump's Birthright Order
Trump’s attendance in the birthright citizenship case marked the first time a sitting president has done this.
6 min read
President Donald Trump leaves the Supreme Court, on April 1, 2026, in Washington.
President Donald Trump leaves the Supreme Court on April 1, 2026, in Washington. The justices signaled skepticism of Trump’s bid to restrict birthright citizenship.
Anthony Peltier/AP