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

Mathematics Live Online Discussion A Seat at the Table: Breaking the Cycle: How Districts are Turning around Dismal Math Scores
Math myth: Students just aren't good at it? Join us & learn how districts are boosting math scores.
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 Achievement Webinar
How To Tackle The Biggest Hurdles To Effective Tutoring
Learn how districts overcome the three biggest challenges to implementing high-impact tutoring with fidelity: time, talent, and funding.
Content provided by Saga 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
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute

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 Oxford School Shooter's Parents Were Convicted. Holding District Liable Could Be Tougher
The conviction of parents in the Oxford, Mich., case expanded the scope of responsibility, but it remains difficult to hold schools liable.
12 min read
Four roses are placed on a fence to honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in last week's shooting, outside Oxford High School in Oxford, Mich., on Tuesday, Dec. 7, 2021.
Four roses are placed on a fence outside Oxford High School in Oxford, Mich., honor Hana St. Juliana, 14, Madisyn Baldwin, 17, Tate Myre, 16, and Justin Shilling, 17, the four teens killed in the Nov. 30, 2021, shooting at the school.
Jake May/The Flint Journal via AP
Law & Courts Oklahoma Supreme Court Weighs 'Test Case' Over the Nation's First Religious Charter School
The state attorney general says the Catholic-based school is not permitted under state law, while supporters cite U.S. Supreme Court cases.
5 min read
Oklahoma Attorney General Gentner Drummond is pictured Wednesday, Feb. 1, 2023, during an interview in Oklahoma City.
Oklahoma Attorney General Gentner Drummond, pictured in February, argued April 2 before the state supreme court against the nation's first religious charter school.
Sue Ogrocki/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP
Law & Courts Oklahoma Nonbinary Student's Death Shines a Light on Families' Legal Recourse for Bullying
Students facing bullying and harassment from their peers face legal roadblocks in suing districts, but settlements appear to be on the rise
11 min read
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school bathroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
A photograph of Nex Benedict, a nonbinary teenager who died a day after a fight in a high school restroom, is projected during a candlelight service at Point A Gallery, on Feb. 24, 2024, in Oklahoma City. Federal officials will investigate the Oklahoma school district where Benedict died, according to a letter sent by the U.S. Department of Education on March 1, 2024.
Nate Billings/The Oklahoman via AP