| The
ruling drew national attention Friday from
educators and media awaiting the fate of
the 1969 court order in
Charlotte-Mecklenburg that spurred busing
plans throughout the country.
Charlotte-Mecklenburg
school officials said Friday they haven't
decided whether they will appeal the
ruling. Superintendent Eric Smith said if
the school board decides against
appealing, he'll make preliminary
recommendations on a new student
assignment plan in the next few weeks.
One
of the seven parents who sued to end the
school system's desegregation policies
called Judge Robert Potter's ruling ``a
grand slam.'' Attorneys for two parents
who fought to keep desegregation policies
in place said they will appeal the
decision.
Potter's
ruling won't affect this year's school
assignments, and school officials said the
ruling won't result in the systemwide
reassignments of all 101,089 students next
fall.
His
ruling, dated Sept. 9, ends nearly 30
years of court-ordered busing - launched
29 years ago on the same date under a plan
approved by U.S. District Judge James
McMillan.
Potter
wouldn't comment Friday on his 115-page
ruling.
``I'm
not going to say anything to anybody about
this case,'' Potter said. ``I don't think
it's proper for judges to talk about
cases.''
What
is future of magnets?
His
ruling ends consideration of race in
magnet school admissions. The magnet
schools - specialty schools focusing on
such areas as sciences or performing arts
- began as a desegregation strategy.
Magnets
enroll students through a lottery, with a
certain percentage of seats reserved for
black and nonblack students. When magnet
seats are filled, waiting lists are kept
by race.
Though
the school system can no longer hold seats
by race, school officials said Friday the
magnet program will continue. Forty-five
of the districts 138 schools now have
magnet programs, enrolling about 20,000
students.
Potter
said the racial-balance goals unfairly
kept students out of magnet schools.
``Essentially,
CMS is standing in the schoolhouse door'
and turning students away from its magnet
programs based on race . . . ,'' Potter
wrote.
``(A)
major problem with the single-minded focus
on racial diversity is that it produces
diversity in nothing but race. Children
are not viewed as individual students but
as cogs in a social experimentation
machine.''
The
school system argued during the two-month
school trial that desegregation policies
are still needed because schools still
aren't providing equal educational
opportunities to black students.
But
Potter called that argument ``a bizarre
posture,'' given evidence in the trial -
from significant renovations at
predominantly black schools to special
programs that benefit black students.
``CMS,
to the extent reasonably practicable, has
complied with the thirty-year-old
desegregation order in good faith,''
Potter wrote, and ``it is unlikely that
the school board will return to an
intentionally-segregative system. . . . ``
School
leaders proposed a new plan that allowed
parents to choose schools, but Potter
barred discussion of that proposal at
trial. Smith suggested Friday that his new
student-assignment plan may include parts
of the original school-choice proposal.
That
original plan drew criticism from parents
who said it failed to guarantee neighborhood
school assignments, where children
attend schools closest to home. Potter's
ruling also doesn't order neighborhood
schools, though supporters hope
that will be the outcome when a new
assignment plan is decided.
Still,
the parents who sued to end desegregation
policies said they were thrilled with the
ruling.
``I
personally believe (that) in a countywide
school district the only way to (assign
students) is through neighborhood schools,''
said Larry Gauvreau, one of the parents
who sued the school system, and a school
board candidate in this fall's elections.
Gauvreau
called Potter's decision an ``important
achievement for Charlotte-Mecklenburg.''
``It
means we've fulfilled the Constitution's
promise to our children and that
segregation is a relic of the past, ``
Gauvreau said.
Karen
Bentley, another parent who sued, said,
``It's a home run. It's a grand slam.
``
. . . Obviously we're very pleased, and
glad it's finally over.''
A
sad, dark and dreary day'
The
case was triggered by parent Bill
Capacchione, who sued the system in
September 1997, alleging that his daughter
was twice denied entrance into a magnet
program because she's not black. His suit
sought to end magnet school admissions
that consider race.
Then,
last year, a group of six parents
broadened the case. They asked the court
to lift the long-standing court order
calling for desegregation, and for the
school board to stop using race in its
decision-making.
The
attorneys who fought to desegregate
Charlotte-Mecklenburg Schools reopened
their landmark case, Swann vs.
Charlotte-Mecklenburg Board of Education.
That
case led to the 1969 federal court ruling
- backed by the U.S. Supreme Court - that
cleared the way for busing in Charlotte
and nationwide. Two black parents joined
the Swann side, seeking to keep
desegregation policies intact.
One
of those parents, Terry Belk, said Friday
he wasn't surprised by the ruling, but
dismayed.
``I
can say this is a very sad, dark and
dreary day in our history here in this
community,'' Belk said.
Dwayne
Collins, the other parent suing to
continue desegregation policies, said he
worries the school system will end up with
a neighborhood-schools
system that will leave too few schools and
opportunities for inner-city children. In
addition, many of the inner-city schools
are in need of major renovations, and they
lack the resources of suburban schools.
Although
the Charlotte-Mecklenburg school system
lost its court argument to keep its
desegregation policies, school board
Chairperson Arthur Griffin said the ruling
could have been ``a lot worse'' for the
school system.
For
example, Potter did not order the school
board to stop providing extra resources to
disadvantaged children - an issue that
surfaced after the trial. Instead, the
judge ordered that extra resources can't
be allocated on the basis of students'
race.
Potter
also didn't require the school system to
return to court for approval of any future
student-assignment plans.
``I
feel very good about what he's done in
terms of not tying our hands as a
community,'' Smith said. ``I feel like we
have a good opportunity here.''
But
system officials said some questions still
remain, such as whether students already
in magnet schools will get to stay there
in the coming years.
Effect
on Southern schools
Nationally,
supporters and critics of desegregation
plans have closely followed the Charlotte
case.
Charlotte-Mecklenburg
took a stance contrary to many other
school districts that sought to be
released from their court orders requiring
them to desegregate schools.
While
Charlotte-Mecklenburg fought to remain
under its court order, school systems from
Wilmington, Del., to Denver to Broward
County, Fla., have welcomed court findings
that they are ``unitary'' - that their
schools no longer show signs of
intentional segregation from the past.
Harvard
University professor Gary Orfield, a
nationally known desegregation supporter,
said Potter's decision ``is going to be
profoundly discouraging to educators in
the South that believe in integrated
schools.''
``This
is a good example of what I call activist
conservative judges' who are imposing
their views over school boards around the
country and then filling out their
decisions with political rhetoric.''
William
D'Onofrio, president of the National
Association For Neighborhood Schools,
said Potter's ruling finally forces the
Charlotte-Mecklenburg school system to end
a ``terrible, terrible failed social
experiment.''
``The
Charlotte-Mecklenburg school board has
been reluctant over the years to admit to
this failure, even though most of the
country is well aware of it,'' said
D'Onofrio. ``I just don't have any
confidence from afar in the
Charlotte-Mecklenburg school board doing
the right thing and stopping this
nonsense.''
Reach
Celeste Smith at (704) 358-5087 or
celestesmith at charlotte.com
THE
RULING
Ends the 30-year-old ruling ordering
busing for desegregation.
Stops the use of race-based
``lotteries, preferences, set-asides''
and student assignments.
Orders the school system to pay
plaintiffs' attorney fees and
expert-witness fees (amounts are yet
to be determined).
Does not affect current school year.
WHAT
IT MEANS
No school assignments or programs for
the current school year are affected.
All pending student transfer requests,
magnet school applications and magnet
waiting lists are immediately put on
hold.
School officials say they do not know
how many students would be affected in
the 2000-2001 school year.
Magnet programs will continue, school
officials say, but race will not be
considered in admissions. Some magnet
programs may be moved among schools.
The school board will decide within 30
days whether it will appeal the
ruling. Another side in the case says
it expects to appeal.
Any appeals could delay the ruling's
impact.
If the board decides not to appeal,
school officials say they will
recommend a new student-assignment
plan within weeks. Public comment will
be invited.
ON THE INTERNET
Go
to www.charlotte.com for the full text of
the ruling, background stories on the case
or to comment in an online forum.
Copyright
(c) 1999 The Charlotte Observer
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