Law & Courts A National Roundup

U.S. Appeals Court Backs Use of Race By Seattle Schools

By Ann Bradley — October 25, 2005 1 min read
  • Save to favorites
  • Print

A federal appeals court last week upheld the Seattle school district’s use of race as a tiebreaker when deciding which students to admit to high schools.

In the Oct. 20 ruling, the full U.S. Court of Appeals for the 9th Circuit, based in San Francisco, overturned a decision in the summer of 2004 by a three-judge panel of the court. (“Court Rejects Seattle’s Race-Based Assignment Policy,” July 29, 2004.)

Writing for a 7-4 majority of the court, Judge Raymond C. Fisher evaluates Seattle’s “integration tiebreaker” in light of the U.S. Supreme Court’s 2003 decisions in two higher education cases involving the University of Michigan and its law school.

“We conclude that the district has a compelling interest in securing the educational and social benefits of racial (and ethnic) diversity and in ameliorating racial isolation or concentration in its high schools by ensuring that its assignments do not simply replicate Seattle’s segregated housing patterns,” the decision says. It adds that the plan is “narrowly tailored.”

Under the district’s admission policy for its 10 high schools, revised in 2001-02, students entering 9th grade can select any school. They are assigned if possible to their first choice, but if a school is oversubscribed, the district uses a variety of indicators, including whether the student will help to racially balance the school.

In 2001, a group called Parents Involved in Community Schools sued the district, claiming the use of race was illegal. That year, only three high schools had more applicants than seats.

Last summer, the U.S. Court of Appeals for the 1st Circuit, in Boston, upheld a voluntary integration plan used by the Lynn, Mass., school district. (“Federal Appeals Court Upholds Use of Race by Lynn, Mass., Schools,” June 17, 2005.)

A version of this article appeared in the October 26, 2005 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
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 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
Law & Courts Judge Orders Meta to Build New Child Safeguards. Advocates Hope Other Courts Follow
The new online safety measures would include a monthly time limit and AI chatbot restrictions.
6 min read
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Godofredo A. Vasquez/AP Photo
Law & Courts Wisconsin's Appeals Court Overturns Ruling That Had Restored Collective Bargaining Power
Unions are expected to appeal, sending the case to the Wisconsin Supreme Court, which is controlled by liberal justices.
4 min read
FILE - A crowd fills the Wisconsin Capitol rotunda on the fifth day of labor demonstrations, Feb. 16, 2011, in Madison, Wis. Thousands came to protest the governor's proposal to eliminate collective bargaining for most public workers. Seven unions representing teachers and other public workers in Wisconsin filed a lawsuit Thursday, Nov. 30, 2023, attempting to end the state's near-total ban on collective bargaining for most public employees.
A crowd protesting legislation to significantly curb collective bargaining in Wisconsin fills the state Capitol rotunda on the fifth day of labor demonstrations on Feb. 16, 2011, in Madison, Wis. The proposal passed and has been in place for 15 years, and a lawsuit seeking to end it is now headed to the state's high court.
Craig Schreiner/Wisconsin State Journal via AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP