Law & Courts Federal File

OCR Race Letter Draws Objection

By Mark Walsh — September 23, 2008 1 min read
  • Save to favorites
  • Print

The Department of Education’s office for civil rights has weighed in on the U.S. Supreme Court’s 2007 decision on school districts’ consideration of race in assigning students to schools.

In a “Dear colleague” letter dated Aug. 28, the office boiled down nearly 180 pages of opinions by the justices in Parents Involved in Community Schools v. Seattle School District to barely two pages of analysis.

“The Department of Education strongly encourages the use of race-neutral methods for assigning students to elementary and secondary schools,” the OCR letter says. “Genuinely race-neutral measures” such as those based on a student’s socioeconomic status would not trigger the highest level of court scrutiny, the office says.

The letter takes no notice of the key concurring opinion by Justice Anthony M. Kennedy in the cases from Seattle and Jefferson County, Ky.

“OCR’s interpretation of the decision is inaccurate in a number of respects,” says a statement issued last week by the NAACP Legal Defense and Educational Fund, based in New York City.

Anurima Bhargava, the director of the civil rights group’s education practice, said the letter “is very limited in its reading” of the high court decision. “It’s as if Kennedy hadn’t written,” she said.

The court ruled 5-4 in June of last year that assignment plans in the two districts that sometimes relied on race-based assignments to achieve diversity in individual schools, violated the equal-protection clause of the 14th Amendment.

But Justice Kennedy wrote that while those districts used race in an unconstitutional manner, it would be permissible for districts to take race into account under certain circumstances, such as when choosing sites for new schools, drawing attendance zones based on neighborhood demographics, or allocating resources for special programs.

The LDF statement said that in contrast to the Education Department’s interpretation, “there is no requirement in Parents Involved that school districts only use race-neutral means to promote the compelling interests in diversity and avoiding racial isolation in their schools.”

A version of this article appeared in the September 24, 2008 edition of Education Week

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
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

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 Biden's Title IX Rule to Expand Protections of Trans Students Struck Down
The Title IX rule improperly expands sex-discrimination protection to gender identity, the judge ruled.
4 min read
A picture of a gavel on a target.
Bill Oxford/Getty
Law & Courts TikTok Is a Step Closer to Being Banned. What Schools Need to Know
TikTok is a big headache for educators, but banning it probably won't solve all their issues with student engagement.
3 min read
TikTok and Facebook application  on screen Apple iPhone XR
iStock Editorial/Getty
Law & Courts Supreme Court Won't Take Up Case on District's Gender Transition Policy
The U.S. Supreme Court declined an appeal from a parents' group contending that a district's policy on gender support plans excludes them.
4 min read
The Supreme Court is pictured, June 30, 2024, in Washington.
The Supreme Court is pictured, June 30, 2024, in Washington. The court on Monday declined to hear a case about a school district’s policy to support students undergoing gender transitions.
Susan Walsh/AP
Law & Courts High Court Won't Review School Admissions Policy That Sought to Boost Diversity
The U.S. Supreme Court refused a case about whether race was unconstitutionally considered in admissions to Boston's selective schools.
5 min read
The Supreme Court is pictured, Oct. 7, 2024, in Washington.
The Supreme Court is pictured, Oct. 7, 2024, in Washington. The court on Monday declined to take up a case about the Boston district’s facially race-neutral admissions policy for selective magnet high schools.
Mariam Zuhaib/AP