Chinyere Jenkins v. School Distric of KC

BEAM, Circuit Judge, with whom BOWMAN and LOKEN, Circuit Judges, join,

dissenting.

After twenty-three years of federal court supervision, the educational program of the Kansas City Missouri School District (KCMSD) is in shambles. Its students remain as racially isolated as when the first remedial order was entered by the district court on June 14, 1985.11 Student scores as measured by routine and regularly administered standardized tests have remained static or have declined,12 and this has occurred even though over two-billion tax dollars have been spent since 1985 on the remedial plan alone,…