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
Professional Development Webinar
Grow Leaders, Keep Teachers: Leadership Development as a Staffing Strategy
Find out how to turn leadership development into a staffing strategy and grow your next generation of school leaders from within.
Content provided by Frontline Education
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
Teaching Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance
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
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus

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 Teens Drop Lawsuit Against Trump's Trans Sports Order After Supreme Court Ruling
The Supreme Court last month upheld state bans on transgender girls in school sports.
4 min read
Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024.
Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024. The teens initially sued over New Hampshire's law banning transgender girls from school sports teams, and later expanded their lawsuit to challenge President Donald Trump's February 2025 executive order threatening to withhold federal funds from schools that allow transgender girls to join girls' sports teams. They've since withdrawn the legal challenge following a Supreme Court ruling allowing states to ban transgender girls from sports under Title IX.
Holly Ramer/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
Law & Courts Judge Voids Trump Admin. Rule Excluding Education From ‘Professional’ Degrees
A judge ruled the agency didn't have the authority to adopt such a narrow definition.
4 min read
Graduates in the School of Education hold up books as their degrees are conferred during Harvard's 371st Commencement, on May 26, 2022, in Cambridge, Mass.
Graduates in the School of Education hold up books during Harvard's 371st Commencement on May 26, 2022, in Cambridge, Mass. The Trump administration excluded education fields when it set a definition of "professional" degree to implement a new law instituting graduate student borrowing limits.
Mary Schwalm/AP
Law & Courts Opinion How State Courts Are Quietly Shaping U.S. Education
In education, the real action is often at the state level, not in Washington, explains Derek Black.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week