Two other Parents, Rick Hack and John Miller, have children in Seattle public middle schools who expect to apply for high school admission for 2002-03, and will likely be affected by the racial tiebreaker. This organization is an independent organization or an independent auxiliary (i.e., not affiliated with a National, Regional, or Geographic grouping of organizations). Our phrasing of the issue is not meant to restrict the court's consideration of the case; " [w]e acknowledge that the Washington Supreme Court may, in its discretion, reformulate the question []." If it is pertinent to the analysis, what factors should be used to evaluate this material? The Court’s decision turned on whether the plans were narrowly tailored to meet a compelling government interest (what courts call strict scrutiny). Brotherhood of Sleeping Car Porters (1925-1978), African American History: Research Guides & Websites, Global African History: Research Guides & Websites, African Americans and the Church of Jesus Christ of Latter-day Saints, The Alma Stephenson Dever Page on Afro-britons, With Pride: Uplifting LGBTQ History On Blackpast, Preserving Martin Luther King County’s African American History, Historically Black Colleges and Universities (HBCUs), Envoys, Diplomatic Ministers, & Ambassadors, African American Newspapers, Magazines, and Journals. • Is the meaning of I-200 clear, or is the text ambiguous, making consideration of voter's pamphlet material relevant? Because registration must be completed in person by a parent, if a parent declines to specify a racial category, the School District assigns the student a category based on a visual inspection of the parent (and the student, if present) at registration. Because it read sections 1 and 2 of Article IX of the Washington Constitution as requiring school districts "to provide equal educational opportunity to students of all races, to limit racial isolation, and to provide a racially and ethnically diverse educational experience," id. The Louisville plan used a similar classifications scheme to ensure that each of its schools had a black population of at least 15% and no more than 50% of the total. Schools are often a focal point for community involvement: families send children to school, where they’ll learn many of the skills they need to become happy, healthy, successful members of society. A nonprofit group of parents contested the Seattle plan in court, while the mother of a kindergarten student denied access to his first choice school sued the Louisville district. It has become clear that our court cannot provide a definitive answer before assignments must be made for the 2002-03 year, and therefore, we believe that our sole reason for not certifying this question to the Washington Supreme Court has dissolved. For the academic year 2000-01, five of the School District's high schools were oversubscribed, and five were undersubscribed.2  The magnitude of oversubscription underscores its problematic nature: for example, in the academic year 2000-01, approximately 82% of students selected one of the oversubscribed high schools as their first choice, while only about 18% picked one of the undersubscribed high schools as their first choice. at 1232. Even if Seattle and Louisville were pursuing compelling interests, he continued, their methods were not narrowly tailored to meet those interests. Both students hoped to participate in after-school activities; that would have required each of them to leave home at 5:30 a.m., return at 8:00 or 9:00 p.m., and on each trip to wait for three buses, often alone and in the dark. § 2000d.5. 1 The Story of Parents Involved in Community Schools . These assignments being unacceptable to both families, they appealed, but without success. Kennedy argued that schools could combat racial isolation, but could not use race to decide which students to enroll in specific schools. 2d 170 (1997). For example, under the former version of the plan, the "acceptable deviation" range used to determine whether a school is "integration positive" was 10%, rather than 15%, and the racial tiebreaker was applied to students applying for all grade levels rather than just to freshmen. Moreover, the Washington Supreme Court's authoritative answer is "necessary.... in order to dispose of [this] proceeding." They chose Ballard first, partly because of its unique Biotech Academy. For example, Ballard High School offers a unique "Biotech Academy." Organization which receives a substantial part of its support from a governmental unit or the general public, © 2020 TaxExemptWorld.com All rights reserved, Form 990 - Not required to file (income less than $25,000), Employer Identification Number (EIN) / Tax ID. Wash. Rev.Code § 2.60.020. In its current incarnation, the School District's open choice plan provides for a multi-step assignment process. Our precedents make clear, however, that we must "look first to state law to resolve this [case], in accordance with our long-standing principle that courts should avoid making federal constitutional decisions unless and until necessary." It therefore interpreted the provision in such a way as to find it inapplicable to the School District's assignment plan. As these competing arguments demonstrate, answering the question of state law presented in this case may well entail addressing several subsidiary issues that contain crucial elements of state law, for example: • Should the term "preference" in I-200 be interpreted to have its ordinary lay meaning, in accordance with Washington cases holding that the average voter is the touchstone for the construction of an initiative, or are state law and/or federal law to be relevant in interpreting I-200? PARENTS INVOLVED IN COMMUNITY SCHOOLS, a Washington nonprofit corporation, Plaintiff-Counter-Defendant-Appellant,v.SEATTLE SCHOOL DISTRICT, NO. Court's standards for a constitutionally legitimate use of race: "Racial balancing is not transformed from 'patently unconstitutional', to a compelling state interest simply by relabeling it 'racial, The plans also lacked the narrow tailoring that is necessary for, The Court held that the District's tiebreaker plan was actually, targeted toward demographic goals and not toward any, demonstrable educational benefit from racial diversity. If state law is relevant, are California cases construing Proposition 209, the wording of which is identical to I 200, relevant? * At oral argument before this court, the parties unanimously requested that we not certify this state law question to the Washington Supreme Court, but instead, decide the issue expediently so that school assignments for the 2002-03 school year could be made accordingly. If it is pertinent to the analysis, what factors should be used to evaluate this material? Ultimately, Kurfurst and Bachwitz decided to send their children to private schools. Our phrasing of the issue is not meant to restrict the court's consideration of the case; "[w]e acknowledge that the Washington Supreme Court may, in its discretion, reformulate the question[]." Little time would have remained for homework and family activities. If after applying the first tiebreaker a school is still oversubscribed, the School District next proceeds to a second tiebreaker, which is based entirely on race. However, both children, while accepted into the program, were denied admission to Ballard because of their race and consequently were not allowed to enroll. at 1227. This racial diversity is reflected in Seattle's public schools, where the percentages are more evenly balanced: the students are approximately 40% white and 60% non-white. Specifically, approximately 66% of white students live north of downtown. By using a racial tiebreaker to determine high school assignments, does Seattle School District Number 1 "discriminate against, or grant preferential treatment to, any individual or group on the basis of race, ... color, ethnicity, or national origin in the operation of ... public education" in violation of Initiative 200 (I-200), codified at Washington Revised Code § 49.60.400? In contrast, approximately 77% of non-white students live south of downtown—including 84% of all African-American students, 74% of all Asian students, and 65% of all Hispanic students. All told, the racial tiebreaker determines about 10% of high school assignments. They argued that the racial tiebreaker violated the Equal Protection Clause of the Fourteenth Amendment, the Civil Rights Act of 1964, and Washington state law.

We respectfully submit that the question presented in Part III requires certification for the following reasons: The Parents contend, and the district court agreed, that "that nonwhite children given spots at Nathan Hale and Ballard, or white children given spots at Franklin, are being granted a `preference' in common parlance." As these competing arguments demonstrate, answering the question of state law presented in this case may well entail addressing several subsidiary issues that contain crucial elements of state law, for example: • Should the term "preference" in I-200 be interpreted to have its ordinary lay meaning, in accordance with Washington cases holding that the average voter is the touchstone for the construction of an initiative, or are state law and/or federal law to be relevant in interpreting I-200? A federal District Court dismissed the … Because of the sensitivity and complexity of these state-law issues, and because of their significant policy implications for Washington courts in other cases as well as in this one, we believe that the Washington Supreme Court, which has not yet construed I-200, is better qualified to answer the certified question in the first instance. You’ll meet other members of the school community and show your support for ALL kids. As part of its continuing effort to prevent de facto segregation and to promote racial diversity in its high schools, instead of assigning students to the high schools nearest their homes, the School District has adopted an open choice assignment plan, pursuant to which each student may choose to attend any of the ten high schools in the city, so long is there is room available in that school. Further proceedings in this court are stayed pending receipt of the answer to the certified question. To solve the problem of oversubscription, the School District's assignment plan uses a series of four "tiebreakers" to determine which students will be admitted to each oversubscribed school. The state court returned the case to the Ninth Circuit for further proceedings. June 17th, 2002, Precedential Status: This case has been cited by these opinions: The following opinions cover similar topics: CourtListener is a project of Free Do you find this information helpful? That means the majority of the work involved in breaking down barriers to community engagement in schools often falls to educators. "3 The racial tiebreaker is then applied when determining assignments to integration positive schools such that students whose race (i.e., white or non-white) will move the school closer to that ratio are given admission preference.4 As presently in force this tiebreaker has a "thermostat"; the School District ceases to use the racial tiebreaker for the year at any school once use of the tiebreaker has brought the school into racial balance. The Court’s decision turned on whether the plans were narrowly tailored to meet a compelling government interest (what courts call strict scrutiny).