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

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
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary 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
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

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 Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP
Law & Courts Court Blocks Trump Admin.'s Abstinence Emphasis in Teen Pregnancy Program
HHS revamped the grant with new requirements that align with conservative priorities.
3 min read
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., Wednesday, Oct. 19, 2022.
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., on Oct. 19, 2022. The organization is part of a coalition of affected grantees affected by the Trump administration funding for teen pregnancy programs.
Josh Funk/AP
Law & Courts Supreme Court Asked to Review Law Requiring Ten Commandments in Public Schools
The case could set a new national standard for religious expression in classrooms.
2 min read
A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments.
A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments.
John Bazemore/AP