WASHINGTON — A new Justice Department opinion puts limits on how the Education Department may weigh race when it awards federal magnet-school grants.
Under the Office of Legal Counsel’s reading, a district cannot receive money simply because its plan seeks more diversity, less racial isolation or a different racial balance. Race may be considered, the opinion says, only in a narrowly tailored plan aimed at fixing a specific instance of illegal discrimination.
That does not shut down the Magnet Schools Assistance Program. The Justice Department said the program can continue, and that it will work with Education officials on future awards.
No separate response from the Education Department had appeared by early Thursday evening. On its website, the department describes a program meant in part to reduce or prevent minority-group isolation while expanding public-school choices.
The opinion says those parts of the program must pass strict scrutiny, the toughest constitutional test for government action based on race.
Existing Grants Raise Questions
At the moment, the program has 60 active grants spread across 18 states, according to the opinion. Fifty-two are tied to voluntary desegregation plans; the other eight involve court orders.
The lawyers stopped short of declaring every use of the program unconstitutional. Still, they wrote that they did not know of a current grant that met the standard set out in the opinion.
What comes next is not yet clear. The document does not say when Education officials will revise application instructions, or how they will handle money that has already been awarded. The department’s program page says it will post information about future competitions when that information becomes available.
The opinion states the Justice Department’s legal view for the executive branch. It does not prevent a court from reaching a different conclusion if the program’s administration is challenged.
Have something to promote?
Bring your business, services or event to our readers.