What if the desegregation plan is a court-ordered plan or a plan entered into with the Department’s Office for Civil Rights?
A district that is operating under a court-ordered plan should first determine whether it is able to offer choice within the parameters of its plan. If it is not able to do so, the district needs to seek court approval for amendments to the plan that permit a transfer option for students enrolled in schools identified for school improvement, corrective action or restructuring. If the district is unable to secure changes to the plan that permit a transfer option, the district will be out of compliance with Title I. If that occurs, it should notify the State Education Agency (SEA) and this Department of its request to the court and of the court’s decision.
