In the words of the late Whitney Houston: It’s not right, but it’s okay.
A federal appeals court on Wednesday conceded that it is not fair that a “model student with reason to hope she would graduate second in her high school class” lost her place when her schools merged and she ended up at number three, but it is not unconstitutional.
Olivia James sued the Cleveland School District in Cleveland, Mississippi, and several administrators after a 50-year desegregation consent decree resulted in a federal judge ordering the consolidation of the city’s two high schools.
This shuffled the class rankings, Ms. James, and that it violated her right to due process under the Fourteenth Amendment.
The U.S. District Court for the Northern District of Mississippi dismissed the suit, as did the New Orleans Court of Appeals, writing: “That James did not end up in class salutation may seem unfair. It was certainly disappointing. But it was not unconstitutional.”
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