. Friedt, 899 P.2d at 795 (emphasis added). I write separately because, in my view, the majority errs in two fundamental ways when it discusses federal law as an aid to interpreting I-200. at 317, 98 S.Ct.

Leedom, P.S., Seattle, WA; Mark S. Green, Office of the General Counsel, Seattle School District No. Moreover, to the extent that the foregoing cases rely on a presumption that the Washington legislature consciously intends parallelism when it enacts a statute modeled on federal law, that presumption does not apply to initiatives.

2733, 57 L.Ed.2d 750 (1978) (plurality opinion). . Books, Journals, and other Publications

Code § 2.60.020.

Comm'n, 112 Wash.2d 278, 770 P.2d 624, 627 (1989). Before confirming, please ensure that you have thoroughly read and verified the judgment. The court granted the School District's motion and denied the Parents' motion. 1 et al. Once all students of the preferred racial category are admitted to an oversubscribed high school, any remaining seats are allocated using a third tiebreaker: distance. Prop. Section 49.60.400 applies to the School District. | Strict scrutiny review requires that the law or policy being challenged supports a compelling governmental interest, is narrowly tailored to achieve that interest, and is the least restrictive means available to achieve that interest.

Moreover, under the current version of the plan, the integration tiebreaker is only used in determining the makeup of entering Ninth grade classes; the tiebreaker is not applied to students wishing to enter a high school in the Tenth, Eleventh, or Twelfth grades (e.g., transfer students). The district court began by examining two sections of the Washington Constitution. 80× 80. IX § 1.

§ 2000d to be highly relevant to the meaning of "preference" for purposes of Wash. Rev. Smith, 233 F.3d at 1201. With regard to the federal claims, the district court analyzed the admissions plan using strict scrutiny. Like legislatively enacted laws, voter initiatives are subordinate to the Washington Constitution.

* Enter a valid Journal (must

Bakke, 438 U.S. at 287, 98 S.Ct.
Citizens Against Mandatory Bussing v. Brooks, 80 Wash.2d 121, 492 P.2d 536 (1972), for example, the Washington Supreme Court affirmed a trial court's decision thwarting a recall of several board members based on their planned implementation of a busing plan to remedy de facto segregation.

706, 102 L.Ed.2d 854 (1989) (Scalia, J., concurring) ("[I]t is implicit in our cases that after the dual [ de jure] school system has been completely disestablished, the States may no longer assign students by race."). Because the courts of Washington have not yet construed this provision, we must, in our constitutionally ordained role as oracles of Washington law, construe the provision as we believe that the Supreme Court of Washington would. The other Washington case cited by the district court, Dawson v. Troxel, 17 Wash.App.

It relied principally on our decision in Coalition for Economic Equity v. Wilson.

I concur specially because the racial tiebreaker that Seattle School District No. There is no question, then, that the tiebreaker selects some students over others based on their race. 1267, 28 L.Ed.2d 554 (1971) for the proposition that. Western Libraries

(emphasis added). PARENTS INVOLVED IN COMMUNITY SCHOOLS v.SEATTLE SCHOOL DIST. >

1.

all are similar"). The School District has never been segregated by law (", The School District uses the racial tiebreaker in an attempt to "balance" the racial makeup of the various Seattle public high schools. 1, 137 F.Supp.2d 1224 (W.D.Wash.

1

The majority's desire to respond to the district court's reliance on federal law to interpret I-200 is understandable. After reviewing test statistics, course offerings, extracurricular programs, college rankings, disciplinary statistics, and proximity, the Kurfurst and Bachwitz children applied for admission to Ballard, Roosevelt, and Nathan Hale High Schools. .

Children are classified as white or nonwhite (or black or other). . Bakke, 438 U.S. at 274, 98 S.Ct. Id. 1, Seattle, WA, for the defendants-counter-claimants-appellees. NO. The district court may not have agreed entirely, though, with the conclusion that as a matter of pure semantics section 49,60,400 invalidates the School District's use of the racial tiebreaker. The meaning of this quotation is opaque.

Get 1 point on providing a valid sentiment to this See id.

We conclude that, in this case, the will of the School District must give way to the will of the people of Washington. at 1228, it reasoned that "applying [section 49.60.400] to outlaw the school district's integration plan would render [it] unconstitutional," id. 49 U.S.C.A., § 307 (1963)." At integration-positive schools, it then forecloses students whose race represents a "majority" at the school from consideration from a fixed number of seats. l: Racial Imbalance is not Segregation," The School District seeks to ensure racial diversity in each of its high schools, so that each School District student can obtain the benefits of attending a racially and ethnically diverse school.

See Parents Involved, 137 F.Supp.2d at 1231 (describing the opinion's distinction between "stacked deck" and "deck shuffle" programs as "critical to the case's holding"). Similarly, this court has held that race may be considered in the context of educational admissions decisions. In fact, the program has its own separate admissions procedure, with required prerequisite classes.



to interstate motor carrier applicants. Accordingly, we were careful to point out that the busing program at issue in Seattle was "not inherently invidious, d[id] not work wholly to the benefit of certain members of one group and correspondingly to the harm of certain members of another group, and d[id] not deprive citizens of rights."

The Sixth Circuit affirmed.

We need not answer that question because, as a matter of state law, the racial tiebreaker is impermissible. .

within the state."). Bakke, of course, dealt with the admissions program used by the University of California at Davis's Medical School.



For purposes of the racial tiebreaker, students are deemed to be of the race specified in their registration materials, which ask parents to specify the student's race using codes provided on a form. See Parents Involved in Cmty.

The first tiebreaker gives preference to students with siblings already attending the school requested.

And that opinion supports, rather than undermines, the conclusion that the plain meaning reading of section 49.60.400 is the correct reading.

Under the plain meaning of section 49.60.400, as the Washington Supreme Court would interpret it, the racial tiebreaker constitutes preferential treatment of some students over others on the basis of race. v. Pub. The district court also made extensive use of federal law in construing the meaning of section 49.60.400. Marquis, 922 P.2d at 50. Start studying Parents Involved in Community Schools v. Seattle School Dist.

Finally, even if Dawson held that the Washington Constitution requires racially balanced schools — which it assuredly does not — this court would not have to follow it; it is inconsistent with the Washington Supreme Court cases discussed above and thus, because it is an intermediate appellate court decision, it is not controlling.

Indeed, "how we judges might weigh competing policy considerations is simply irrelevant."

Public schools may not assign students to schools solely on the basis of race for the purpose of achieving racial integration, although the use of narrowly-tailored, race-conscious objectives to achieve general diversity in schools is permissible.

2733 ("[T]he State has a substantial interest that legitimately may be served by a properly devised admissions program involving the competitive consideration of race and ethnic origin."). That situation does not exist here with respect to the key portion of I-200.


Written and curated by real attorneys at Quimbee. A federal District Court dismissed the …

at 696 (quoting DeFunis v. Odegaard, 82 Wash.2d 11, 507 P.2d 1169, 1179 (1973)). Journal of Educational Controversy: Vol.

The district court cited this decision — twice — for the proposition that "`in some circumstances a racial criterion [m]ay be used — and indeed in some circumstances [m]ust be used — by public educational institutions in bringing about racial balance.'" Justice Powell did not conclude that the University of California's admissions policy violated federal law simply because it granted a "preference" to minority students.

§ 2000e et seq., Washington courts have looked to the interpretation of the federal law in construing RCW 49.60."

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