Jefferson County, Ky. interim student assignment plan challenged
The Louisville lawyer who successfully challenged Jefferson County's school desegregation policy is now challenging the district's interim plan, saying it illegally uses race to assign students. Attorney Ted Gordon filed a motion in U.S. District Court in Louisville, asking Judge John Heyburn II to review the temporary plan adopted for the 2008-09 school year. Byron Leet, an attorney who represents the county Board of Education, contends Gordon's motion has no merit. On Jan. 28, the same day the district unveiled its long-term desegregation proposal, the school board unanimously adopted an interim plan for next school year that uses geography to ensure that elementary schools draw 15% to 50% of their enrollment from areas with minority populations of at least 45%. It would apply to children entering first grade, students new to the district or who have moved, and those requesting transfers. Superintendent Sheldon Berman has said the interim plan won't affect current assignments.
But Gordon said in his motion that the plan reinstates quotas that the district dropped after the U.S. Supreme Court ruled last summer that districts that voluntarily desegregate could not consider individual students' race when assigning them to schools. As part of his motion, Gordon alleges that Pat Todd, Jefferson County's director of student assignment, “stated of record that their attorneys had consulted with this Honorable Court and this Court had given approval to this plan or words to that effect.” Leet said no one from his office has had any discussion with Heyburn about the interim plan or “any other part of this case.” Gordon said if a judge denies his motion for a status conference, he will file a new lawsuit challenging the interim policy as a violation of the Supreme Court ruling. Berman has said the interim plan is designed “to prevent slippage” of diversity until the permanent policy is in place for 2009-10. The long-term proposal would use race, income and education equally in assigning students. The proposal would have all elementary, middle and high schools enroll at least 15% and no more than 50% of their students from neighborhoods that have income and education levels below the district average and a higher-than-average minority population. The school board is expected to vote on the proposal in May.
Source: Louisville Courier-Journal, 2/6/09, By Antoinette Konz
[Editor’s Note: For background on the new plan, see below.]
NSBA School Law pages on Jefferson County new plan