Measuring the Implementation of Racial Balance Under Formal Constraints

Abstract

This paper describes policy-related research conducted in 1979 in response to a specific request from the Seattle (Washington) School District (SSD). The background of this request is as follows: after unsuccessful attempts to eliminate racial imbalance in Seattle's schools by purely voluntary methods, the SSD began a mandatory busing program based on pairs and triads of schools, and modified feeder patterns to 20 schools, in September 1978. In anticipation of this action an organization (Citizens for Voluntary Integration Committee; CIVIC) that advocated exclusively voluntary desegregation was able to place on the ballot for November 1978, an initiative (Initiative 350) to limit the legal capacity of any school district in the state of Washington to reassign students for desegregation. This initiative passed by a twoto-one margin (a simple majority was required). The SSD and other affected school districts brought suit challenging the constitutionality of the initiative, obtained an injunction, and continued with their desegregation programs. The Attorney General of Washington defended the legality of the initiative. The SSD alleged that the initiative violated the Fourteenth Amendment's equal protection clause because (1) the initiative treated racial student assignments differently from all other student assignments; (2) the discriminatory intent to stop racial desegregation was among the factors leading to the initiative's adoption; and (3) the initiative prohibited necessary desegregation tools in all school districts, even districts with a constitutional obligation to desegregate. The U.S. District Court declared the initiative unconstitutional on all these grounds and issued a permanent injunction against its enforcement. An appeal currently is being heard by the U.S. Supreme Court, with a decision expected in early 1982. We shall not comment further on the legal issues and implications of this suit.