The Minnesota Court of Appeals has upheld a district judge's order in a case brought by families who allege the state has long shirked its duties in creating equitable schools, saying any segregation was not intentional, and therefore doesn't violate the state Constitution.
"A racially imbalanced school system, by itself, is not a violation of the Education Clause of the Minnesota Constitution," wrote Appeals Judge Matthew Johnson.
Dan Shulman, one of the attorneys representing families in the Cruz-Guzman v. State of Minnesota case, said in an interview that he plans to appeal to the state Supreme Court to seek a different outcome on the partial request for summary judgment.
"Under the Education Clause, it's our view that we didn't have to do it," Shulman said of the two rulings that determined the plaintiffs need to prove intent in order to prevail in court.
The Attorney General's Office on Monday referred questions to the state Department of Education, which did not respond to a request for comment.
The highly watched case has wound its way through the court system since 2015, when seven Twin Cities families, led by Alejandro Cruz-Guzman, sued the state on the grounds that schools in the Minneapolis and St. Paul districts are effectively segregated if either more than 60% of students or fewer than 20% of students in each building are pupils of color or qualify for free or reduced-price meals.
The suit alleges that Minnesota is in violation of the Education Clause of the state Constitution for allowing districts to operate such schools.
The state attempted to settle the case last May with an agreement that would have cost an estimated $63 million per year. That settlement required state lawmakers' approval, but the Legislature did not act on it.