Key Elements of School Closure Lawsuit Move Forward

By Grassroots DC, on October 12th, 2013

Posted on behalf of Empower DC

Case Brought by Empower DC Alleges Discriminatory Impact of School Closures, Group Granted Discovery as Litigation Continues

Yesterday, Federal Court Judge James Boasberg found that plaintiffs have established sufficient facts to allow the bulk of their case alleging discrimination in the city’s pattern of public school closures to move forward.

The case of Shannon Smith et al Vs Kaya Henderson et al was filed last March by members of Empower DC as part of an effort to stop the closure of 15 DC Public Schools in low income communities of color. After a hearing on May10th, Judge Boasberg did not grant a temporary injunction and the closure of 13 DC Public Schools was allowed to go forward this fall, however the court has yet to issue a final ruling on the merits of the case, which has now survived the city’s motion to dismiss and will be litigated further.

Communities throughout the nation have mobilized to fight the closure of dozens of public schools, predominately in low income communities of color, in cities including Chicago, Philadelphia, New York and Baltimore. To date, Empower DC’s suit is the first to have withstood dismissal, a point highlighted by Constitutional Law Professor Jamin Raskin, a member of the group’s legal team.

“This will be the first time that a federal court addresses evidence showing that a school system closed majority African-American schools as a response to under-enrollment when it never closed majority white schools as a response to under-enrollment. In this case, thousands of African-American and Hispanic students face school closings east of the River and only two white students find themselves in the same situation. Equal Protection simply does not permit government to impose discriminatory and selective burdens on minority communities even in pursuit of otherwise lawful objectives,” said Raskin.

In his 30-page opinion, Judge Boasberg dismissed some of the plaintiffs’ claims including those relating to compliance with the city’s statute requiring notice and input from Advisory Neighborhood Commissions, as well as those relating to disability laws. However all claims were dismissed without prejudice, a judgment which signifies there has not been a ruling on the merits of the claim and the claim could be brought in another court.

The key claims of the lawsuit have been upheld by Judge Boasberg, meaning that the plaintiffs provided sufficient evidence for litigation on those to continue. As a result, plaintiffs will be able to move forward with the discovery process during which the defendants, Chancellor Kaya Henderson and Mayor Vincent Gray, will have to make documents and data available to the plaintiffs.

The Judge’s opinion states, “The Court agrees with the District on the bulk of the Plaintiff’s claims. Nevertheless, the parents and guardians have alleged sufficient facts to state claims of discrimination under the three civil-rights provisions at the heart of their case: the Equal Protection Clause, Title VI, and the D.C. Human Rights Act.”

Attorney Johnny Barnes, lead attorney for the plaintiffs, stated, “We are not unhappy with this decision. While the Court dismissed, without prejudice, many of our claims, it left the heart of the case in place. We plan to vigorously litigate the equal protection, disparate treatment and D.C. Human Rights violations aspects of the case in the weeks and months to come. We look forward to probing the minds of those District officials who undertook the school closings which the Court indicated on the face of the facts merits deeper inquiry. While we continue to believe that the ANC notice and citizen participation counts of our Complaint are strong, notwithstanding the dismissal, without prejudice, we shall likely pursue those purely local matters in another court in a case already pending. We are pleased that we were able to present a brief that caused the central theme in our case to continue — unconstitutional discrimination in the closings — while every other lawsuit filed across the Country has not met with the same success.”

Empower DC’s members continue their campaign to save community schools, and the neighborhoods that depend upon them. “Our members never gave up their fight,” said Parisa Norouzi, Executive Director. “The Supreme Court has ruled in the past that a court is empowered to order that schools be reopened, where discrimination has been found. We continue to believe that it is possible schools like Ferebee-Hope Elementary will be reopened at the end of this fight – as would be the fitting tribute to the parents and students . . . → Read More: Key Elements of School Closure Lawsuit Move Forward

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Empower DC Education Outreach Day

By Liane Scott, on October 15th, 2012

On September 20, 2012 education stakeholders and advocates from all across the nation gathered to demand that a moratorium be placed on public school closings. If you weren’t able to make it, the short video below, produced by Grassroots Media Project producers Stephon Scarborough and Ben King, will give you a sense of what you missed.

Mayor Gray and DCPS will be announcing DCPS school closures this Fall. If you want to help fight school closures in Washington, DC, join Empower DC’s Education Outreach Day Saturday Oct. 20th. We are working to to push back against the narrative that Mayor Gray and Schools Chancellor Henderson are using to justify more school closures. Here are the details:

EDUCATION OUTREACH DAY Saturday, October 20, 2012 @ 1:00 PM Meet in front of the Minnesota Avenue Metro Station If you are able to join us please contact Empower DC Education Campaign Organizer Daniel del Pielago at 202-234-9119 ext. 104 or Daniel@empowerdc.org.

For more on the resistance to school closures, I’ve cross-posted the following Washington Post article by Emma Brown

DCPS to propose school closures as resistance simmers By Emma Brown

A long-anticipated round of proposed school closures will be announced in the next few weeks, Chancellor Kaya Henderson said Wednesday.

Then there will be a series of community meetings where residents have a chance to challenge the proposals. And by December, DCPS hopes to make final decisions about which schools will be shuttered. Protesters rally against the coming round of school closures at DCPS headquarters Thursday morning. (Emma Brown/The Washington Post)

“We want to build in the time to hear from you,” Henderson said, speaking Wednesday before residents of River Terrace, a community that’s still smarting from the closure of its elementary school last spring.

In 2008, then-Chancellor Michelle Rhee moved swiftly to close 23 schools, sparking angry protests, political backlash and long-lasting distrust.

Henderson is banking on the idea that communities will be more willing to accept closures if they’ve had the chance to hear and respond to her proposals and rationales.

But resistance is simmering. Dozens of protesters gathered at DCPS headquarters Thursday morning to rally against the coming closures, calling them a veiled attempt to destabilize communities and speed gentrification of poor neighborhoods.

Parisa Norouzi, executive director of Empower DC, which organized the rally, said she doubted that DCPS will really listen to residents. “We have no reason to trust the process that Kaya Henderson has laid out,” she said.

Parents — many pointing to a report issued this year that recommended closing many public schools and replacing them with public charters — described the closures as part of a larger attempt to destroy the city’s traditional public education system.

“The answer is not charter schools, the answer is fortifying traditional public schools,” said Schyla Pondexter-Moore, a Ward 8 parent of four. “I think children deserve a quality education at a school they can walk to.”

Henderson, meanwhile, has long argued that closures are a matter of fiscal reality. The city operates 225 public schools — including traditional and charter schools — for 76,000 kids. Meanwhile, Fairfax County has the same number of schools — and more than twice the kids.

The D.C. protesters were joined Thursday by activists from Detroit, Chicago, Philadelphia and other cities where charter schools are thriving and public schools are closing.

This reporter left the rally just before noon, when perhaps a hundred activists were chanting and singing in front of DCPS headquarters. Organizers said their numbers later swelled into the hundreds as they marched to the U.S. Education Department to call for a five-year moratorium on school closures nationwide.

 

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