Welner, Kevin G.
K-12 Race-Conscious Student Assignment Policies: Law, Social Science and Diversity
University of Colorado, Boulder
Examines the legality of K-12 race-conscious student assignment policies
Journal Name or Institutional Affiliation:
Review of Educational Research
Vol. 76, No. 3, pp. 349-382
- This article applies social science research to K-12 race-conscious student assignment policy and explores the legality of these policies in light of the Supreme Court decisions concerning affirmative action in higher education.
- Review of the literature on the benefits of diverse school environments.
- This research is the empirical foundation for court decisions in favor of school districts' use of RCSAPs.
- Most powerful research is that which is conducted using data from the school district being considered by the court.
- Grutter lends legal support to the use of RCSAPs in K-12.
- Three courts considered RCSAPs in light of Grutter (Comfort 2005, McFarland 2005, and PICS 2005). K-12 context differs from higher ed context. Different interests have different evidentiary implications and these contextual differences are important for future policies and for litigation.
Journal Article Historical Analysis
Affirmative Action, Choice, Desegregation, Diversity, Racial Composition, Segregation
Secondary Survey Data
Method of Analysis:
Unit of Analysis:
- Reviews literature in three categories: legal cases, legal scholarship and educational scholarship. Legal cases literature is exhaustive--analysis of all major cases is included. Decisions about the inclusion of educational research based on two factors: peer review publication and relevance to issues in legal analysis. Legal scholarship was compiled using law review articles, appellate cases, internet searches (ERIC, Lexis, and media).