Liveblogging AERA: Reigning in the Confusion over Parents Involved in Community Schools

Earlier this week I posted on the developing confusion among some scholars concerning the decision in Parents Involved in Community Schools
(apparently we are going to call it PICS, but with only 1 i, even though the
real groups calls itself piics, as in piics.org). Well, that was before I hit
the legal presentations, where there may be frustration, but there is more
clarity. Perhaps it is just the more short term minded nature of the legal
scholars who are typically concerned with the “here and now” and not the “might
be someday,” but the legal scholars that presented on PICS had more clarity as
to where the disputes now turn … to classifications that implicate race, but
may not be race itself. These scholars found clear evidence in Justice Kennedy’s opinion that if schools can come up with measures that are not race, but
achieve the same goal, the courts will give deference to the schools.

I can see multiple factors being employed to get as close to
race-based admissions decisions without specifically saying “White,” “Black,” “Latino”
… you get the picture. All of these factors, even in combination may achieve
exactly the same purpose but would be provided deference (and approved) because
of the schools’ effort to avoid the 14^th Amendment and the Civil
Rights acts altogether. Even if these have a disparate impact against Whites,
such policies will probably be upheld.

So, the race is on to find a multitude of factors that move
the same children into the same places as before, only using a combination of
other factors. The litigation will now turn to just how close can we get to
race without actually touching it. Obviously SES is everyone’s first thought,
but what about parental education level? What about privileging some locations
within districts as an “economic incentive?”  And on and on. It is going to force us to
figure out what exactly makes the minority experience unique in America and
then privileging every one of those unique factors in combination to
essentially use race as an admissions characteristic without actually using it.
That is the current challenge laid out for legal scholars. Should be fun.