The parties are now engaged in a process which may lead toward settlement. The court has designated a Panel of Experts to review the school district's assignment practices, and to issue a report and recommendations regarding those practices in December. The United States requests leave to participate as amicus curiae to provide its views of the report, including receiving copies of all future pleadings, reports, court orders, and correspondence, and to participate, as appropriate, in all court hearings and court-supervised mediation and negotiations. Plaintiffs allege, in sum, that the student assignment plan implemented by the Board in September 1998 for the first through sixth grades is based on the improper use of test scores, applied as a single criterion for placement of students in one of three ability tracks. Similar allegations are made for placement into two tracks for eighth grade students.
Plaintiffs allege that the assignment plan has a disparate impact on minority students.
Additionally, there are allegations that an inferior and inadequate educational program is offered at the lowest track. Through its statutory authority to enforce Title IV and Title VI of the Civil Rights Act of 1964, the United States has extensive experience with student assignment issues, and has a substantial interest in ensuring that student assignments which are based on the use of tests are made in accordance with federal law. Because the case appears to be in a potential settlement posture, and because the United States does not have current enrollment data and other relevant information, we cannot yet determine whether intervention is warranted. Nonetheless, our participation as amicus on these important student assignment issues may be helpful to the court. The United States respectfully reserves its right to seek to intervene at a later date, if appropriate.