Batchelor et. al v. DESE et. al

You've no doubt seen that students in Boston, Brockton, Lawrence, Springfield, and Worcester along with four community organizations have filed suit against the MA Department of Elementary and Secondary Education, the Board, Chair Craven, the Commissioner, and the Secretary on the segregation of our school districts. This is filed in state court under the state's Constitutional guarantee of a public education in particular. 

I've read the coverage and just read the complaint filed in state superior court, and I guess I have three thoughts:

1. Yes, Massachusetts absolutely has among the most segregated school systems in the country by district. This is a direct result of our having--unusually for the U.S.--school districts that not only are originally formed by our cities and in towns, but largely have not changed. Those lines are heavily segregated for the same reasons our housing is: historic redlining, discrimination in lending for housing, and the resulting disparities in capital by race. You know this if you've read The Color of Law, or so many other things. It's also extensively covered by Matthew DiCarlo and Bruce Baker in their recent book Segregation and School Funding.
   Regionalization efforts since the 1950's still put the authority and responsibility on the towns to ensure there are public schools; it is towns and cities that are parties to the regional agreements that form regional districts. It is up to municipalities to provide public schools.
   As sort of a side note, but which matters in this context: while most regional districts are groups of towns, but not cities, this is not true of the regional vocational districts, in which Boston, Springfield, and Worcester are outliers in having vocational schools internally rather than being part of a "Greater [city]" vocational district, as Lowell, Lawrence, Fall River, Brockton, and others are. Thus there are regional districts that include cities. They do operate under the "students by community" entrance system, though, and you may remember this coming up in the arguments around moving to a lottery admission for the regional vocational schools, as seats by town, rather than by total population, won’t give a group reflective of the entire student demographic. 
   
   
2. I was confused on reading initially about the lawsuit as to why DESE would be sued, as DESE has authority over none of this at all. 
   I am even more confused after reading the lawsuit, because both the complaint--the lines of school districts and the impact that then has on students--and the parts that suggest remedies-more on that below--are not within the authority of the Department to provide. The lawsuit is against state laws, which are executed by, but cannot be changed by the Department. The Governor is not named here, ‘though the Secretary is. And the argument within the filing is a series of assertions of…things DESE just cannot actually do. 
   
   
3. I'm told there's more coming, but the remedies led towards are so far doing more of the same, only more so.
   METCO covers something like 2000 statewide students; expanding it to other districts (that still can choose to participate or not) does not desegregate the state (not to mention the buses still only go one way).
   More regional vocation districts? schools? does not change that those are either internal to our heavily segregated districts, or are agreements among towns that are heavily segregated and would have seats allotted within the parties. Anything else would require a change in state law.
   Increasing magnet programs within districts doesn't desegregate districts; if you want to do inter-district magnets, you need to change state law.
   Even supporting more transportation between districts is a budgetary authority of the Legislature, not something that is at all done by the Department. 

Look, this is absolutely the right point: We have a very segregated system of school districts.

I cannot understand why one would sue DESE on things DESE can't do, arguing for things that wouldn't fix the underlying issue. 

I'll be watching with interest.