Legal Question in Constitutional Law in North Carolina
ppossible affirmitive action
The superintendent of a school system submitted to the school board a plan to integrate the school system for a variety of factors, including race, class, gender, alienage, national orgin, academic ability athletic ability. The paln is accepted by the school board and begin employing a variety of programs to achieve a critical mass of each of the classifications of students. Among the programs used to achieve such diversty are neighborhood schools, assignment by choice, magnet school pograms and forced assignment. A group of parents opposed to the pland files suit to enjoin implementation of the plan. What should they file the suit under
1 Answer from Attorneys
Re: ppossible affirmitive action
Under the guidance of a skilled lawyer. This isn't the sort of question you can possibly hope to get an answer to on-line! :o))
Anyway, this is a tricky area of law, so you really do need to follow the advice of your attorney. To get an injunction requires really good advocacy, but even if you lose at that stage, you might be able to keep the issue in the courts. it sounds like a problem if the terms actually used were "critical mass," given the U/M case.
So long as they don't infringe on the rights of any one group, it should be an ok plan. If everyone is similarly inconvenienced, though, you're going to have a hard time explaining a Constitutional violation.
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