California Appeals Court Says School Assignment By Race OK
Last week, the California Court of Appeals heard arguments about whether the Berkeley school district’s race-based pupil assignment plan is discriminatory. Yesterday the court ruled that Berkeley’s plan does not violate California’s ban on preferences. (Source)
The court contended that the policy “does not show partiality, prejudice or preference to any student on the basis of that student’s race.” The court’s reasoning is that all students in a residential area get the same treatment and therefore, the practice isn’t discriminatory. Will the state supreme court get the case? Pacific Legal Foundation attorney Alan Foutz says the American Civil Rights Foundation (ACRF), which filed the suit, probably will appeal.
Download the 19-page opinion in Word.
In October, 2006, ACRF sued the Berkeley Unified School District, claiming that if violated a state law that bars the government from discriminating against or preferring individuals in hiring, contracting, and admissions based on factors like race. The district had taken race into account when making assignments for attendance at certain elementary schools and for participation in certain academic programs at Berkeley High School. A judge ruled against ACRF, which asked the appeals court to review the case.
In 1996, 54 percent of California voters said YES on Proposition 209.
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