Ho v. San Francisco Unified School District

Last updated

Ho v. San Francisco Unified School District
Seal of the Supreme Court of California.svg
Argued April 15, 1998
Decided June 4, 1998
Full case nameBrian Ho, by his parent and next friend, Carl Ho; Patrick Wong, by his parent and next friend, Charlene Wong; Hilary Chen, by her parent and next friend, jane chen, plaintiffs-appellants, v. san francisco unified school district; san francisco board of education; Waldemar Rojas, superintendent of the San Francisco Unified School District; Board of Education of the State of California; California Department of Education; William d. Dawson; San Francisco National Association for the Advancement of Colored People, defendants-appellees. Brian Ho, by his parent and next friend, Carl Ho, petitioner, v. United States District court for the northern district of california, respondent, san francisco unified school district, real party in interest.
Citation(s)147 F.3d 854, 98 Cal. Daily Op. Service 4277, 98 Daily Journal DAR 6066
Holding
Appeal Dismissed. Petition for mandamus Denied.
Court membership
Chief Justice John T. Noonan Jr., Stephen S. Trott, Evan J. Wallach
Case opinions
Majority John T. Noonan Jr., Stephen S. Trott
Dissent Evan J. Wallach

Ho v. San Francisco Unified School District was a 1994 class action lawsuit by the Asian American Legal Foundation challenging the use of racial quotas after NAACP v. SFUSD limiting the enrollment of Chinese Americans by the San Francisco Unified School District. As a result of the case, San Francisco Unified school district switched to a system using a "diversity index" that excluded race as an alternative to the quota system.

Contents

With the resulting consent decree creating a new Diversity Index admissions system, that ultimately resegregated the school district as a result of the Diversity Index created from a settlement in 2001, compared to the previous admissions system created from the 1983 consent decree in NAACP v. SFUSD.

Case

Plaintiffs

In 1993, three plaintiffs were involved in numerous conflicts with the school system.

Brian Ho, a five-year-old Chinese American, "was turned away from his two neighborhood kindergartens because the schools had accepted the maximum allowed percentage of “Chinese” schoolchildren."

Patrick Wong, fourteen years old, "was rejected because his index score was below the minimum required for Chinese American applicants despite his score was high enough that he would have been admitted to Lowell had he been a member of any other racial or ethnic group recognized in the consent decree.", later getting rejected to four other schools.

Hillary Chen, eight years old, "was not allowed to transfer into any of three elementary schools near her new home because all three schools had accepted the maximum number of Chinese American schoolchildren."

These three plaintiffs would sue the San Francisco Unified School District to remove exclusionary racial quotas in the 1983 Consent Decree barring their entry to the schools in 1994 in violation of the Equal Protection Clause of the 14th Amendment. [1]

In January 1995, the Ho plaintiff filed a first amended complaint adding the NAACP as a defendant.

In March 1996, the Court certified the Ho action as a class action on behalf of all children of Chinese descent of school age who are current residents of San Francisco and who are eligible to attend the public school system.

In May 1997, The Ninth Circuit affirmed this Court's finding that the assignment of students by race subjects the students to race-based classification by a state actor. Such racial classifications are subject to strict scrutiny, and may be used by the government only if necessary to correct the effects of government action of a racist character and the burden of justifying the racial classification fell upon the defendants.

Both parties were not prepared to go to trial on September 22, 1998, and the "Court berated the parties for neglecting the preparation, but vacated the trial date and referred the case to a special master for settlement discussions."

When settlements failed, the Court set a new trial date on February 16, 1999.

On February 16, the day of the trial, the NAACP defendants and Ho plaintiffs requested a delay to finalize a settlement.

At a hearing the following morning, the Court tentatively approved the settlement and fairness hearing for April 20, 1999. [2]

Results

In the final opinion and order of US United States District Judge William H. Orrick, he ordered that the district, "Remove racial/ethnic guidelines (40% at alternative schools; 45% at regular schools)" and "Remove Priority 5 in the computer random selection run -- African American, Hispanic/Latino and other students." Disallowing race based or ethnicity as a primary consideration in assigning students to schools.

And a court ordered monitor with increased oversight on the Consent Decree, as recommended by Gary Orfield  [ ca ] of the Civil Rights Project at UCLA . [2]

The 1983 Consent Decree from the San Francisco v. NAACP settlement will be set to expire by December 31, 2002, resulting in a new Consent Decree with in the Diversity Index admissions system created in 2001. [3]

Legacy

Diversity Index (Admissions System)

As a result of the case, the diversity index system was the first race-neutral, assignment plan in the school district, using factors such as: mother’s education level, student socioeconomic status, test scores, English proficiency — that would ideally lead to racially and ethnically diverse schools.

The process was designed to give parents choice, ensure equitable access, and promote diversity without using race/ethnicity, and all the race neutral factors were correlated with academic achievement.

The Diversity Index Lottery was limited in its ability to create diverse schools because the applicant pools for individual schools were racially isolated.

Participation in the choice process varied by race/ethnicity — white and Asian families were much more likely than African American and Latino families to submit their choices in January for August enrollment. Leading to those families enrolling by the time the high demand schools would be full. An issue that remains to this day.

In 2010, the Diversity Index was replaced by a full choice system. [4]

In 1970, over 50% of San Francisco schools were segregated, defined as one racial/ethnic group comprising over fifty percent of the school population.

Before the last year of the 1983 consent decree, only one school or 0.6% - enrolled more than 50% of a single racial/ethnic group, six years later, it has climbed to 35%.

During the school year 2001-02, 30 schools were severely resegregated at one or more grade levels, by the 2004-05 school year, it has risen to 43, with 27 schools entirely resegregated.

By 2005, over one in three schools in the district has resegregated.

The consent-decree monitor has made clear his view that the current student-assignment plan, incorporated into the consent decree itself, has resulted in the resegregration of certain schools.

William Alsup finalized his ruling, saying "In short, since the settlement of the Ho litigation, the consent decree has proven to be ineffective, if not counterproductive, in achieving diversity in San Francisco public schools."

The Consent decree extension was denied, expiring December 31, 2005, [5] for the first time in 22 years, the courts did not oversee SFUSD’s student assignment process. [4]

Related Research Articles

Racial quotas in employment and education are numerical requirements or quotas for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addressing under-representation and evident racism against those racial groups or, the opposite, against the disadvantaged majority group. Conversely, quotas have also been used historically to promote discrimination against minority groups by limiting access to influential institutions in employment and education.

Desegregation is the process of ending the separation of two groups, usually referring to races. Desegregation is typically measured by the index of dissimilarity, allowing researchers to determine whether desegregation efforts are having impact on the settlement patterns of various groups. This is most commonly used in reference to the United States. Desegregation was long a focus of the American civil rights movement, both before and after the US Supreme Court's decision in Brown v. Board of Education, particularly desegregation of the school systems and the military. Racial integration of society was a closely related goal.

Grutter v. Bollinger, 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. The Court held that a student admissions process that favors "underrepresented minority groups" did not violate the Fourteenth Amendment's Equal Protection Clause so long as it took into account other factors evaluated on an individual basis for every applicant. The decision largely upheld the Court's decision in Regents of the University of California v. Bakke (1978), which allowed race to be a consideration in admissions policy but held racial quotas to be unconstitutional. In Gratz v. Bollinger (2003), a separate case decided on the same day as Grutter, the Court struck down a points-based admissions system that awarded an automatic bonus to the admissions scores of minority applicants.

<i>Tape v. Hurley</i> 1885 California Supreme Court case

Tape v. Hurley, 66 Cal. 473, (1885) was a landmark court case in the California Supreme Court in which the Court found the exclusion of a Chinese American student from public school based on her ancestry unlawful. The case effectively ruled that minority children were entitled to attend public school in California. After the Court's decision, San Francisco Superintendent of Schools, Andrew J. Moulder, urged the California state assembly to pass new state legislation which enabled the establishment of segregated schools under the separate but equal doctrine, like the later Plessy v. Ferguson (1896). The establishment of the new school marked the continued segregation in the education system in California.

<span class="mw-page-title-main">1996 California Proposition 209</span> Ballot proposition that banned affirmative action in California

Proposition 209 is a California ballot proposition which, upon approval in November 1996, amended the state constitution to prohibit state governmental institutions from considering race, sex, or ethnicity, specifically in the areas of public employment, public contracting, and public education. Modeled on the Civil Rights Act of 1964, the California Civil Rights Initiative was authored by two California academics, Glynn Custred and Tom Wood. It was the first electoral test of affirmative action policies in North America. It passed with 55% in favor to 45% opposed, thereby banning affirmative action in the state's public sector.

A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability. Most often it is such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.

<span class="mw-page-title-main">NAACP Legal Defense and Educational Fund</span> Organization in New York, United States

The NAACP Legal Defense and Educational Fund, Inc. is an American civil rights organization and law firm based in New York City.

<span class="mw-page-title-main">Lowell High School (San Francisco)</span> Public school in San Francisco, California, United States

Lowell High School is a co-educational, magnet public high school in San Francisco, California.

<span class="mw-page-title-main">Abraham Lincoln High School (San Francisco, California)</span> Public school in Sunset District , California, United States

Abraham Lincoln High School (ALHS) is a California Distinguished public high school located in the Sunset District of San Francisco, California. In 2018, ALHS was ranked #499 and earned a gold medal by U.S. News & World Report, placing it in the top 2% of public high schools nationally.

Ethnic studies, in the United States, is the interdisciplinary study of difference—chiefly race, ethnicity, and nation, but also sexuality, gender, and other such markings—and power, as expressed by the state, by civil society, and by individuals.

<span class="mw-page-title-main">San Francisco Unified School District</span> School district in California, United States

San Francisco Unified School District (SFUSD), established in 1851, is the only public school district within the City and County of San Francisco, and the first in the state of California. Under the management of the San Francisco Board of Education, the district serves approximately 49,500 students across 121 schools.

<span class="mw-page-title-main">Ruth Asawa San Francisco School of the Arts</span> Public arts high school in San Francisco, California

The Ruth Asawa San Francisco School of the Arts, is a public alternative high school in San Francisco, California, United States. It was established in 1982 and is part of the San Francisco Unified School District. It is currently located at 555 Portola Drive, San Francisco CA 94131.

Chinese for Affirmative Action (CAA) is a San Francisco–based advocacy organization. Founded in 1969, its initial goals were equality of access to employment and the creation of job opportunities for Chinese Americans. The group broadened its mission in the subsequent decades. As of 2007, its stated mission is "to defend and promote the civil and political rights of Chinese and Asian Americans within the context of, and in the interest of, advancing multiracial democracy in the United States".

Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007), also known as the PICS case, is a United States Supreme Court case which found it unconstitutional for a school district to use race as a factor in assigning students to schools in order to bring its racial composition in line with the composition of the district as a whole, unless it was remedying a prior history of de jure segregation. Chief Justice Roberts wrote in his plurality opinion that "The way to stop discrimination on the basis of race is to stop discriminating on the basis of race."

The San Francisco Board of Education is the school board for the City and County of San Francisco. It is composed of seven Commissioners, elected by voters across the city to serve 4-year terms. It is subject to local, state, and federal laws, and determines policy for all the K-12 public schools in the San Francisco Unified School District.

Equal Rights Advocates (ERA) is an American non-profit gender justice/women's rights organization that was founded in 1974. ERA is a legal and advocacy organization for advancing rights and opportunities for women, girls, and people of gender identities through legal cases and policy advocacy.

<i>Gonzalez v. Abercrombie & Fitch Stores, Inc.</i>

The lawsuit González v. Abercrombie & Fitch Stores, Inc., No. 3:03-cv-02817, filed in June 2003, alleged that the nationwide retailer Abercrombie & Fitch "violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practice that excluded minorities and women and adopting a restrictive marketing image, and other policies, which limited minority and female employment." The female and Latino, African-American, and Asian American plaintiffs charged that they were either not hired despite strong qualifications or if hired "they were steered not to sales positions out front, but to low-visibility, back-of-the-store jobs, stocking and cleaning up." The case generated national press coverage, including a profile on the television program 60 Minutes.

The California Voting Rights Act of 2001 (CVRA) is a state law in the state of California. It makes it easier for minority groups in California to prove that their votes are being diluted in "at-large" elections by expanding on the federal Voting Rights Act of 1965. In Thornburg v. Gingles (1986), the Supreme Court of the United States ruled that there are certain conditions that must be met in order to prove that minorities are being disenfranchised: that the affected minority group is sufficiently large to elect a representative of its choice, that the minority group is politically cohesive, and that white majority voters vote sufficiently as a bloc to usually defeat the minority group's preferred candidates; the CVRA eliminated one of these requirements. Unlike the Voting Rights Act of 1965, which is a federal law, the CVRA does not require plaintiffs to demonstrate a specific geographic district where a minority is concentrated enough to establish a majority. Certain cities that have never had minority representation or have a history of minority candidate suppression can be liable for triple damages and be forced to make changes within 90 days. That makes it easier for minority voters to sue local governments and eliminate at-large elections. The Act was eventually signed into law on 9 July 2002.

Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023), is a landmark decision of the Supreme Court of the United States in which the court held that race-based affirmative action programs in college admissions processes violate the Equal Protection Clause of the Fourteenth Amendment. With its companion case, Students for Fair Admissions v. University of North Carolina, the Supreme Court effectively overruled Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), which validated some affirmative action in college admissions provided that race had a limited role in decisions.

<span class="mw-page-title-main">Oriental Public School</span> School in San Francisco, United States, California

Oriental Public School, founded as The Chinese School, was a public school located in Chinatown, San Francisco, California. It was initially set up in 1859 as a segregated school for schoolchildren of Chinese descent, part of the growing anti-Chinese sentiment in the United States that arose in the late 1800s. The school has been renamed a number of times, most recently in 1998 to the Gordon J. Lau Elementary School in honor of the city's first Chinese-American supervisor.

References

  1. "The Ho v. SFUSD Case – The Battle to End Racial Discrimination in San Francisco Schools – Asian American Legal Foundation" . Retrieved March 29, 2021.
  2. 1 2 "Opinion and Order [Approving 1999 Ho Settlement]" (PDF).
  3. "Order Denying Proposed Extension of Consent Decree" (PDF).
  4. 1 2 "Facing Our Past, Changing Our Future, Part II: Five Decades of Desegregation in SFUSD (1971-today) | SFUSD". www.sfusd.edu. Retrieved March 29, 2021.
  5. "Order Denying Proposed Extension of Consent Decree" (PDF).