Charlotte school system still segregated, appeals court rules

CHARLOTTE, N.C. (AP) _ A judge's order that would have ended busing in the district that pioneered the desegregation practice has been overturned by a divided federal appeals court. <br><br>In its

Friday, December 1st 2000, 12:00 am

By: News On 6

CHARLOTTE, N.C. (AP) _ A judge's order that would have ended busing in the district that pioneered the desegregation practice has been overturned by a divided federal appeals court.

In its 2-1 ruling Thursday, the 4th U.S. Circuit of Appeals panel said there are still vestiges of segregation in the Charlotte-Mecklenburg County school system.

``We must decide whether the task of desegregating the Charlotte-Mecklenburg schools has reached its end. We hold that it has not,'' wrote Judges Diana G. Motz and Robert B. King.

Seven white parents had sued to end federal desegregation oversight in the school system. Busing was first ordered by a federal judge in 1969 and upheld by the U.S. Supreme Court in 1971. Charlotte-Mecklenburg was the first major urban school district in the nation to use busing to achieve racial balance.

The appeals panel agreed with U.S. District Judge Robert B. Potter that the school system, with more than 100,000 students, has achieved racial integration in its faculty and staff, extracurricular activities and student discipline practices.

However, the court said segregation persists in student assignments, school locations, transportation policies and student achievement levels.

Potter's ruling ``failed to adequately explore the return of predominantly one-race schools as a vestige of segregation,'' the opinion said.

In a dissent, Judge William B. Traxler Jr. said the school district has eliminated racial segregation.

``I cannot agree with a ruling that will keep the school district under the yoke of federal court control,'' Traxler wrote. ``Mecklenburg County's position as a progressive metropolitan area is fact and not facade.''

The case had been appealed to the 4th Circuit by the school district and two black parents.

Lawyers for the two black parents wrote to the district immediately after Thursday's ruling, asking it to abandon the race-neutral school reassignment plan approved in June. The plan was meant to take effect if the appeals court had upheld Potter's ruling.

``I'm very happy but not satisfied,'' said Dwayne Collins, one of the two parents who had appealed.

School boards met Thursday night to discuss the ruling and to how to proceed. Another meeting was planned for Friday.

``The decision is a very complicated one and we are going to respect the complex nature of it,'' chairman Arthur Griffin said.

A lawyer for one of the white parents who brought the suit to end federal oversight said the decision was bad for the district's children.

``Obviously we're disappointed,'' said attorney William Helfand, who represents parent Bill Capacchione. ``This is not good news for anyone, including the school children in Charlotte-Mecklenburg.''

Helfand praised Traxler's dissenting opinion and said an appeal was being considered.

``We'll talk with our clients and see what is best,'' he said.