The Court defers to the Law School's educational judgment that diversity is essential to its educational mission.
"This is a bad educational judgment," said one deputy superintendent who spoke on the condition of anonymity.
"Ohio has the right to make an unsound educational judgment, but not an unconstitutional one," Mr. Chanin said.
She added, "The law school's educational judgment that such diversity is essential to its educational mission is one to which we defer".
But he said that he cannot force superintendents and principals to schedule tests on particular days, nor would he want to override their educational judgment.
And for those who are less severely behind grade level, the best we can do is to urge them as a matter of educational judgment to go to summer school".
Mr. Levy said that such educational judgment calls were appropriate and were completely in keeping with the plan developed by the Board of Education and Mr. Crew that had the mayor's blessing.
According to the opinion of the court, delivered by Justice O'Conner, The Law Schooll's educational judgment that such diversity is essential to its educational mission is one to which we defer".
They did not have a team of blue ribbon teachers examine the standards in order to render a solid educational judgment by which politicians might be guided.
