I respect this attempt, but it seems dubious.
There's obviously a problem here. Most programs, whether free-market or government based, generally try to leave all parties who haven;t broken any laws or rules better off. Even with welfare-type programs, the taxpayers are, at least theoretically, on average better, because feeding otherwise starving people avoids social unrest, brings moral satisfaction, etc.
The programs often try to leave the community as a whole better off. You hint at this point in the closing sentence. Well, the same is argued here. The school placement system has the intention of furthering integration and a better society that this brings. As a whole, even if some go to schools in some fashion not as good as others (which will happen for any number of reasons anyway, ignoring the degme ranking problem ... and I share the idea that maybe something might be done, perhaps special programs favoring their interests etc.), the result helps society as a whole. The same applies to let's say paying school taxes even if you don't have kids.
Even though nobody really has a right to go to a specific school, many people think about it that way. After all, many parents move kids to expensive suburbs with great schools (and stupendous taxes) to get their kids into good public schools. They have a reasonable expectation of a return on that investment.
This is the mentality, sure enough, but it is selfish. Some people simply don't have this freedom of movement. This results in class and racial divisions and haves and have nots. I don't quite see this as "fair."
The net result is also unfair. This is seen with city/suburban divisions. People in the suburbs (I see this here, since I live in the city and family lives in the 'burbs) are upset about paying taxes to pay for city expenses, but gain the benefits of them all the time. They just fail to acknowledge the fact.
BTW, often the "neighborhood" is not too far from the school. It can be less than 1/2 hr away by bus. Many send their kids further distances anyway (as did my parents) for other reasons.
And the Constitution prohibits taking away rights or property without just compensation.
Their property isn't being taken by average understanding of the term. Nor are their rights, same. The same might be used to justify funding religious schools, since many want to send their kids to them -- they can, they just can't ask the state to pay for it. The gov't doesn't have a constitutional obligation to help people reside in comfty bedroom communities in this fashion.
So how about this: offer to refund to parents of the kids being forced to a worse school district the extra taxes (if any) they paid.
Again, this implies there is not net gain to the system. I also think ... I guess you can be supportive of the idea though it underlines its breadth ... any number of gov't programs might also have this requirement if we take things in a consistent way. After all, why limit the principle to one voluntary government program (there are any number of educational choices here) that in some cases supplies negative results to people?
Auction the school switch off. Whoever is willing to move their kid for the lowest price gets the deal. It might sound cold, but it has the main benefit of market economics: whoever has the smallest relative burden of switching schools moves.
In practice, this is liable to result in various disadvantaged people stuck with bad choices. It is also the problem with some voucher ideas. The net result will be more lawsuits ... just different types of lawsuits.
Since, as Slate writers have mentioned, the number of kids forced to actually switch schools is small, the cost to taxpayers would be insignificant.
I'm not sure how "small" the class will be since each plan would be different and it sometimes is a matter of choosing a certain school. The ultimate argument made in this litigation, after all, is that you can't use race. There is really not "constitutional" right to go to school right near your house, after all, and often enough people rather not (other schools can offer any number of benefits for their child).
Ultimately, even if some formula can be set up that would be workable (in practice, this sort of thing can be difficult), I don't really accept the premise of the idea.
-j