194 (1944). Generally speaking, depending on how many spaces are available for new applicants,[24] a principal will first take a certain number of applicants from each list for instance, the first ten names on each list and notify the parents. Common sense and the Supreme Court suggest that any strict or de facto racial quota has a couple of known characteristics: it has a precise target, and it insulates some applicants from competition with other applicants. [21] In 2002-2003, about 9.3% of all JCPS students were enrolled in the traditional program. In addition, school capacity, a student's attendance record, behavior, grades and the racial guidelines play a role. At the high school level, students have the same basic three choices. The Board has designated thirteen resides high schools, plus Central, as magnet career academies. 2005), 04-5897, McFarland ex rel. 2d 896 (1982); Dayton Bd. The judgment of the district court is affirmed. Students of other races and backgrounds, such as Latino and Asian students, are represented only in very small numbers, e.g., less than five percent of the total student population is neither non-Hispanic Black nor White. Id. Hampton II, 102 F.Supp.2d at 369-70. Here, the racial guidelines factored into his assignment. But, Butler rebounded in 2003-2004 when 19% of the applicants were Black, and 20.1% of the students were Black. The judgment of the district court is affirmed. crp@ucla.edu, McFarland v. Jefferson County Public Schools & Parents Involved in Community Schools v. Seattle School District No. The Court concluded the following: (1) that elected school boards had traditional authority to establish an educational policy, id. 2d 753, 754-67 (W.D.Ky.1999). This case raises one of those questions: to what extent does the Equal Protection Clause limit JCPS's discretion to use race-conscious policies to maintain an integrated public school system. Only a small number of elementary students receive an assignment that is not one of their choices.[18]. In some respects, the traditional schools are no different than others throughout JCPS. And over 90% of respondents in each group reported that they would be comfortable working under a supervisor of a different race as an adult. The traditional school assignment process, however, differs in two respects that have constitutional significance: (1) the assignment process puts Black and White applicants on separate assignment tracks, and (2) its use of the separate lists appears to be completely unnecessary to accomplish the Board's goal. The traditional schools, including Foster and Maupin, admit students only by application. XIV, § 1. At Schaffner, 30% of the applicants were Black, and Black students were 32% of the population. Citation: 416 F.3d 513: Party Name: David McFARLAND, Parent and Next Friend of Stephen and Daniel McFarland; Ronald Jeffrey Pittenger, Parent and Next Friend of Brandon Pittenger; Anthony Underwood, Custodial Parent and Next Friend of Max Aubrey, … See 20 U.S.C. Get 2 points on providing a valid reason for the above at 371, 123 S. Ct. 2325 (dissenting, Thomas, J.). [49] In 2002-2003, about 9.3% of all JCPS students were enrolled in the traditional program. In each case, the receiving school makes the original decision to accept or reject the applicant. This reflects a broad range equally above and below Black student enrollment systemwide. Dist. For instance, the Board could accomplish its objective through some form of an assignment lottery covering the entire school system. For instance, he said that while a state may opt to create an elite law school, it has no compelling interest to do so. In 2000, a confidential survey of high school juniors was conducted for JCPS to record the benefits of a racially integrated school system. Id. [1] Plaintiffs offer a litany of federal laws under which federal jurisdiction is appropriate and under which they request that the Court find their civil rights have been violated: Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. [12] Optional programs are located at the following schools: at the elementary school level, Cane Run and Price; at the middle school level, Crosby, Highland, Lassiter, Moore, Southern Leadership Academy, Stuart, and Westport Traditional; and at the high school level, Doss, Eastern, Fern Creek, Iroquois, Jeffersontown, Moore, Pleasure Ridge Park, Seneca, Shawnee, Southern, Valley, Waggener, and Western. Everyone seems to have an opinion about the meaning of statistics. Amy D. Cubbage, Sheryl G. Snyder, Bridget H. Papalia, Frost, Brown McFarland v. Jefferson County Public Schools, 330 F.Supp.2d 834 (W.D.Ky. [51] Under the general law of probabilities, if applicants were selected off of one random draw list, the ratio of Black to White students in the applicant pool at a particular school would be reflected in the ratio of Black to White students in the pool of admitted students and, consequently, in the school's student population at large. Even to achieve a compelling purpose, the Board may use race only by means that are "specifically and narrowly framed to accomplish that purpose." [15] A school may approve transfer applications for a variety of reasons, including day care arrangements, medical criteria, family hardship, student adjustment problems, and program offerings. It also adopts policies for various aspects of school life. These two cases set out the requirement that any use of race in a higher education admissions plan must further a compelling governmental interest and must be narrowly tailored to meet that interest. Justice Kennedy cited Amherst College, which admitted between about 8.5% (81 out of 950 offers) and 13.2% (125 out of 950 offers) minority applicants over a ten-year period, as an example of a range not suggestive of a quota. The Supreme Court has issued its first major decision on school desegregation in twelve years — McFarland v. Jefferson County Public Schools & Parents Involved in Community Schools v.