Appeals court: Unintentional racial imbalance in schools isn’t unconstitutional

The Minnesota Court of Appeals has ruled against a group that argued segregation in Minneapolis and St. Paul public schools on the basis of race and socioeconomic status.

In 2015, a group of parents who had kids or were considering placing kids in Minneapolis and St. Paul public schools sued the state, legislature and education department, saying that enrollment at some schools in the districts far exceeded or fell below the districtwide average of students of color, and that amounted to segregation.

After the Minnesota Supreme Court ruled in 2018 that the case could be decided in court, the sides tried to work toward a resolution for 18 months. However, after failing to reach an agreement, the group of parents moved to partial summary judgment, asking a Hennepin County District Court judge to agree with them and find a violation of the state’s Education Clause.

In December, the district court denied that motion, saying the parents didn’t provide evidence to prove the racial imbalance in the schools was intentionally caused by the state.

Monday, the Minnesota Court of Appeals agreed with the district court, saying that a racially imbalanced school system isn’t a violation of the Education Clause of the Minnesota Constitution unless it’s intentionally caused by the state.

Daniel Shulman, an attorney for the parents, says the group intends to ask the Minnesota Supreme Court to review the decision. He also offered the following statement on the appellate court’s ruling:

“Although I think the decision is wrong, I appreciate the Court’s finding that the issue is important, doubtful, and potentially of state-wide impact. I also appreciate the Court’s saying that it is not really for the Court of Appeals to make such an important interpretation of the Supreme Court’s prior decision in our case. I am disappointed by the implications of the decision that the Legislature can disclaim any responsibility for remedying schools that are segregated because of the actions of local school authorities, and can simply say it’s not our fault.”