WAVE 3 TV Louisville, KY | JCPS assignment plan again facing legal hurdles
By Elizabeth Donatelli
LOUISVILLE (WAVE) -- The Jefferson County Public School's student assignment proposals are getting nods from around the community, but now it will be tested in the courtroom. WAVE 3's Elizabeth Donatelli investigates.
After years of arguments that advanced to the highest court in the land, many thought the legal issues were over, but we just found out that a judge is planning to hear arguments on the most recent proposals in less than two weeks.
This episode has already played. JCPS develops a student assignment plan and it's challenged in court.
"It looks like the same plan," said attorney Teddy Gordon, who is again challenging the plan. "It's very scary to use quotas. That clearly means that somebody's eliminated. So quotas in itself will violate some of the case law."
But not so fast -- this time, proposals look at family income, education and geography as the main factors -- and that's why the school district's attorney says it's a good plan.
"The Supreme Court left open the real possibility that it could continue to be a factor in the assignment of students to schools," said JCPS Attorney Byron Leet. "Under this new plan, I think it will be a factor, but in a way that will pass any constitutional challenges."
The day after the attorneys found out about their next hearing -- The Louisville Bar Association and Young Lawyer Section sponsored a forum on the subject: "Obtaining Racial Diversity in Our Schools without Using Race--Two Steps Forward of Ten Steps Back."
"As a high school teacher I see on a daily basis the importance of having diverse classrooms," said Joe Gutmann a teacher at Central High School who was also on the panel.
So how do you make a school racially diverse without using race as the factor? JCPS officials say their new plan does that.
Teddy Gordon who is arguing against the school district, says it could start with more magnet and traditional schools in the west end.
"If they build better schools and better teachers and quality education, the middle class, east end, will come to the west end of Louisville," said Gordon.
Online Reporter: Elizabeth Donatelli
Online Producer: Michael Dever
