Parents Involved in Community Schools v. Seattle School District No. 1

We are asked by the Ninth Circuit Court of Appeals to interpret RCW 49.60.400 to determine whether it prohibits all race-cognizant state government action or whether the act allows some race-cognizant state action, while limiting others. We are also invited to determine whether the Washington Constitution’s unique treatment of education requires racial integration in schools, or merely permits integration absent legislation to the contrary. After examining Washington history, our constitution, and RCW 49.60.400, we conclude that the act prohibits some, but not all, race-cognizant government…