Last week, Empower DC and a number of DC Public School parents went to court to plead for an injunction to keep 15 more schools from being closed under Mayor Vince Gray and Schools Chancellor Kaya Henderson’s consolidation plan.
According to Johnny Barnes, the lead attorney in the case, the case includes four complaints:
1) The school consolidation plan violates the law that requires equal protection to all District Citizens. “Hobson v Hansen made clear that the equal protection clause applies to DC through the 5th amendment: If you offer education to one student you have to offer to all.”
2) The school consolidation plan violates Title VI, which states that you can’t treat different classes of individuals disparately.
3) The school consolidation plan violates the Americans with Disabilities Act and the Individuals with Disabilities Education Act both of which contend that when dealing with special education students, you have to design individually, not with a blanket plan to close a school.
4) The school consolidation plan is in violation of the District of Columbia’s Human Rights Act.
In a 31-page opinion, which analyzed each of plaintiffs’ claims, US District court Judge James E. Boasberg ruled against Empower DC, stating: “In this case, there is no evidence whatsoever of any intent to discriminate on the part of Defendants, who are actually transferring children out of weaker, more segregated, and under-enrolled schools.”
But according to Barnes, “The case is not over. The battle is just beginning…The ruling was on the injunction, not on the merits on the case. The govt has not even filed a response.” Barnes’ case centers around “protected classes” of race, residence, disability, he said, noting that 100 schools have been closed in DC since 1976, but not one in Ward 3, home to the city’s wealthiest residents.
Attorney Barnes and Jonetta Rose Barras discuss the judge’s ruling during the May 16, 2013 episode of We Act Radio’s Education Town Hall, which airs every Thursday at 11:00 AM. The full interview can be found at the link is posted below:
Jonetta Rose Barras and Johnny Barnes, Esq. on The Education Town Hall w/Thomas Byrd May 16 2013 by Education_Town_Hall on Mixcloud
Attorney Johnny Barnes and Empower DC plan to appeal the case. The courts ruling should be judged against the mounting evidence that DC’s School Consolidation and Reorganization Plan have not saved the District of Columbia money or improved school outcomes.
