Plaintiffs in Arkansas sued to block the state takeover of Little Rock public schools. Plaintiffs argued that the expansion of charters was racially discriminatory because the public schools are predominantly black, and the charters are predominantly white. The judge rejected their request.

“The plaintiffs, led by civil rights lawyer John Walker, had sought to reverse both the takeover of the LRSD and the granting of permission to Little Rock charter schools to expand their student populations. The suit named as defendants the state Board of Education (which gave final authorization to the takeover and the charter expansions), Education Commissioner Johnny Key and the Arkansas Department of Education. Marshall said the plaintiffs had failed to make a case against the state, though the school district itself must still face a trial on the merits of a complaint about unfairness in facilities.”

The plaintiffs didn’t prove that the plan was intended to cause segregation, even though it did.

In his decision, the judge wrote:

“And there’s no real question about disproportionate effect: more than 65 percent of LRSD students are black; a majority of the dissolved Board was black; and the students at the growing charter schools in Little Rock are (to generalize) whiter and wealthier than LRSD’s students. But the settled precedent is clear; discriminatory effects alone are insufficient to show discriminatory intentions.

“What’s missing are pleaded facts that show the intention to discriminate based on race, that show foul thoughts becoming harmful actions.”

So much for “saving poor kids from failing schools.” How about “opening segregation academies with state funding for affluent white kids?”