The 9th U.S. Circuit Court of Appeals has overturned a federal judge’s decision to end court oversight of TUSD’s decades-long effort to bring its schools in to racial balance.

The ruling, filed today, is a victory for Black and Latino plaintiffs and the U.S. Department of Justice which argued that a U.S. District judge erred in granting TUSD unitary status in December 2009.

The argument was based on the fact that Judge David Bury chose to lift the desegregation order despite finding that the Tucson Unified School District failed to act in good faith compliance with its obligations.

Since then, TUSD has been operating under a plan that aims to narrow the gaps in achievement and a disparity in discipline between minority and non-minority students.

The plan is not monitored by the court. Rather Bury decided it could be monitored by the community for compliance with recourse for noncompliance being addressed by the school board.

TUSD has had delays in carrying out the plan — much of that has been attributed to changes in leadership throughout 2010.

At the beginning of 2011, John Pedicone took over TUSD and since then some progress has been made to include appointing an internal compliance officer.

Read more in tomorrow's Star