Fisher, et al. v. Tucson Unified Sch. Dist. et al., No. 10-15124 (9th Cir. 2011)
Annotate this CaseIn 1974, African American and Mexican American students sued the Tucson, Arizona, school system alleging intentional segregation and unconstitutional discrimination on the basis of race and national origin. For some 30 years after the parties settled, Tucson's schools operated subject to a federally enforced desegregation decree. At issue was whether the school district had achieved unitary status and whether oversight of the school district's operations could terminate. The court reversed and ordered the district court to maintain jurisdiction until it was satisfied that the school district had met its burden by demonstrating, not merely promising, its "good-faith compliance... with the [Settlement Agreement] over a reasonable period of time." The court also held that the district court must be convinced that the district had eliminated "the vestiges of past discrimination... to the extent practicable" with regard to all of the Green v. Cnty. Sch. Bd. of New Kent Cnty. factors. The court further held that the district court retained discretion to order an incremental or partial withdrawal of its supervision and control. Accordingly, the case was remanded for further proceedings.
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