Schools Will Not Appeal Ruling

The Boston School Committee has decided to overturn its controversial December vote to appeal a federal court ruling that declared the race-based admissions policies of the district's three exam schools--public schools with entrance requirements--unconstitutional.

The case, as the first involving affirmative action for secondary schools to reach the Supreme Court, would have established constitutional precedent for schools around the country.

In a unanimous decision on Feb. 3, the committee, which is the ruling board of Boston's public school system, bowed to intense public opposition to its tentative decision to appeal, saying the admissions policies may not be strong enough to clinch a victory for affirmative action.

"The concern was that it would have negative implications not only for Boston but nationally," said Tracey M. Lynch, spokesperson for the Boston Public Schools. "It was unusual that the weight of evidence came down on the side of not appealing."

Boston Latin School, the most prestigious of the three exam schools, assigned 50 percent of the places based on entrance examination results and grade point average.

School officials decided the remaining places on "flexible racial/ethnic guidelines" determined by the percentage of each of the five ethnic and racial categories in the applicant pool.

Many speculated that the Supreme Court would uphold the federal court ruling. Because of the simplicity of its criteria, the policy was considered a weak case of race-based admissions.

Lynch said about a dozen groups and individuals, including the National Association for the Advancement of Colored People (NAACP) and the Department of Education, approached the committee to ask that it not appeal the decision.

For the immediate future, the three exam schools are barred from using race criteria in admissions. But Lynch said the committee is looking into "ways to use race that pass constitutional muster."