I. Introduction

Walla Walla School District is like many rural Southeastern Washington school districts–small. Yet it has something in common with the largest school district in the state. Like the Seattle Public School District, Walla Walla Schools use race as a factor during open enrollment periods, to determine what school a child can attend. According to school district officials, only the state or federal government can direct the district to abandon the policy. Until that takes place, Walla Walla School Superintendent Ellen Wolf says, "The district’s policy will not change."

This Policy Brief addresses how the district’s policy violates the public education clause of Washington state’s new civil rights statute. Initiative 200, now law under RCW49.60.400 states, "The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."

Earlier this year, the Equal Citizenship Project published a report on Seattle Public Schools titled, "Business as Usual: Continued Racial Preferences in Seattle Public School Admissions." That study analyzed how race was used to assign students to neighborhood schools. Initiative 200 was used as a standard to review Seattle Public School’s policy on race-based student assignments to local schools. The study concluded that Seattle School’s policy violates the new civil rights statute.

Using the same method, this Policy Brief reports on how the Walla Walla School District’s race-conscious policy negatively impacts parental choice.

II. A Closer look at Walla Walla Schools

The Walla Walla School District has 5,650 students enrolled in its ten schools for the coming year. The district’s Spring 1999 enrollment statistics show 80 percent of the students are Caucasian. The largest non-white group, Hispanics, make up 24 percent; next are Asian Americans with 2 percent; African American’s comprise 1.4 percent; and Native Americans make up 1 percent.

The district’s 1999-2000 general fund operating budget is $38,305,000, or about $6,780 per student. The district has one high school, Walla Walla High, and one high school level alternative school. There are two middle schools, and six elementary schools.

III. History of district’s race-conscious policies

In the mid-1980s, the federal government conducted a review of Walla Walla Public Schools. The review found that there were too many minority students attending Blue Ridge Elementary School. As a result, the district received a federal directive to improve non-minority to minority student balance in its elementary and middle schools. In response, district officials establish an all-day kindergarten and enhanced science program. The goal of this program was to attract more Caucasian enrollment at Blue Ridge Elementary School.

The district developed a policy to assist in meeting the federal government’s goal. During the open enrollment period, white students were given first priority to enroll at Blue Ridge Elementary School. Non-white students would not have access to the enhanced academic programs or the all-day kindergarten because of race.

Later, in the 1990s, officials decided to extend the enhanced academic program and all-day kindergarten to every elementary school in the entire district. According to Superintendent of Walla Walla Public Schools, every elementary school currently has enhanced science and math programs. In fact, she stated that the all-day kindergarten and enhanced academic program at Blue Ridge have been duplicated throughout the district.4 Despite the district’s efforts, the same policy used in the 1980s to integrate Blue Ridge Elementary School is still on the books.

IV. Four criteria for enrollment

During the last two weeks in Spring, Walla Walla School District conducts an open enrollment period. Students are considered for open enrollment at the school where space is available. There are three reasons parents might take advantage of the open enrollment period. First, it allows new children to the district to enroll in their neighborhood school. Second, children residing outside of the Walla Walla School can apply for enrollment to district schools. Third, open enrollment provides a chance for parents to enroll their child in a "preferred" school in the district. Below is a list of the district’s "priorities" for the open enrollment period. Notice the order of priority for district officials.

Priority 1: Those students residing within the Walla Walla School District whose open enrollment will improve racial balance among the schools.

Priority 2: Other students residing in the Walla Walla School District who enrolled within the two week open enrollment period.

Priority 3: Other students residing within the Walla Walla School District who open enrolled after the two-week open enrollment period.

Priority 4: Students requesting enrollment from other school districts

V. Where the violation occurs

The district’s first priority clearly violates Initiative 200. The relevant part of Initiative 200 prohibits public education institutions from "grant[ing] preferential treatment based on race . . . color, ethnicity or national origin in the operation of . . . public education. . . ."

The district’s policy has a negative impact on parents who want their child to attend school close to home. To illustrate how the policy works, a Walla Walla family can be waitlisted at a neighborhood elementary school. A few weeks later, they receive a letter from the school explaining why their child could not attend a school that is 1-mile from their home. According to the district’s priority list, the district can deny the child admissions to the school because of his or her race.

As illustrated above, all but one of the district’s priorities for determining school assignments use race-neutral information about students, and do not interfere with their civil rights by discriminating or granting preferences based on race.

VI. The problems with the district’s race-based open enrollment

The policy has had negative effects in the past. Five years ago, after a face-to-face meeting with district officials, a white man enrolled his daughter in the gifted program at Blue Ridge Elementary School. When the schoolgirl showed up for class, school officials reclassified her as a minority because her appearance disclosed she was half African American. The mixed-race schoolgirl was no longer eligible for the gifted program. The father has to reenroll her as "white," therefore, making her eligible for the program.5

Although the district superintendent says the above story could not happen today, the policy remains on the books. As with the Seattle School District, the policy exposes the Walla Walla School District and taxpayers to costly civil rights lawsuits if students can show they are being denied an educational opportunity because of their race, color, ethnicity or national origin.

VII. Conclusion

If the district dropped its first priority, for school assignments, the Walla Walla School District would be in compliance with the state’s current civil rights law. Racial preferences would no longer be used as a factor in admissions to public schools. By eliminating the race-based student assignment policy, a sense of fairness can foster amongst students and parents of all races. Equally important, the district can protect itself from legal action from parents. Instead of waiting for a potential legal battle, or direction from the federal government, the Walla Walla School District should end its scofflaw policy.

The Equal Citizenship Project is devoted to researching public policy issues that affect the fundamental civil rights of all Washington state citizens. The Project is made possible by grants from The John M. Olin Foundation and The Lynde Harry Bradley Foundation.