Can the Leandro case be used to block any attempt to abandon Wake's diversity policy?
As noted in today's article, the state NAACP is citing Leandro and Title VI of the Civil Rights Act of 1964 as possible grounds to stall any changes that would be made by the new school board majority.
"We'll look at the policies that are implemented, then monitor new policies to make sure any changes don't violate the federal or state constitutions," said the Rev. William Barber, head of the state NAACP, in the article.
Leandro is the long-running lawsuit first filed in 1994 by five low-wealth school districts over school funding. It's grown now into a lawsuit over low-performing schools.
In 2004, the state Supreme Court largely upheld Wake Superior Court Judge Howard Manning's ruling that the state is required to provide a "sound basic education" to all public school students.
Whether Leandro could be invoked to argue that neighborhood schools would harm some students is uncertain.
Title VI prohibits discrimination by agencies that receive federal funding. Wake gets about 7 percent of its funding from the federal government.
Chris Hayes, senior legislative analyst for the conservative Civitas Institute, said the NAACP should give the new board a chance before threatening legal action.
"It seems like they are presupposing the worst without even giving it a try," Hayes said in the article.
School board candidate John Tedesco said they'd try to work with groups such as the NAACP to ease their concerns. But if that doesn't work, he said they'd implement policies that would be lawsuit proof.
Comments
Who is representing White
Tue, 11/03/2009 - 12:43 — MorrisVMorrisWho is representing White people? We need our own schools system so we don't need to deal with this crap.
Troll alert
Tue, 11/03/2009 - 13:22 — Dadof3Do not feed the troll.
You might be an NAACP
Tue, 11/03/2009 - 13:26 — MorrisVMorrisYou might be an NAACP supporter but after today we will be running things ... go John
Troll alert
Tue, 11/03/2009 - 13:31 — Dadof3Do not feed the troll.
!!!
Tue, 11/03/2009 - 09:35 — choice4allI have just about had enough with this guy. I have been reading for quite a few days now about the tragedys of the "New Board". Now this Rev Sharpton wannabe wants to sue? There is nothing racist about wanting neighboorhod schools. I am still confused (Mr Barber) on who you represent. Your speech claimed that the last 54 years can not be reversed. Me thinks you need a cup of Java and wake up because we live in 2009 and for that matter if you feel that 54 years were not enough to get things on an even keel then how many more years do you need? The only thing that is racist about this election is your ugly claims. Enough already. You are putting the cart before the horse. What do you really have to fear Mr Barber? Because everyone is entitled to the same here in America. Life, Liberty and the pursuit of happiness regardless of the color of their skin.
Hit it on the head
Tue, 11/03/2009 - 09:46 — Bob_SconceHe's trying to make a name for himself just like Al Sharpton did. The actual facts don't matter -- if he can garner some attention for himself by preying on people's ignorance, he will.
There's absolutely no merit to either the Leandro or Civil Rights Act stuff. He's blowing smoke and, unfortunately, a few people will probably inhale.
Ditto
Tue, 11/03/2009 - 11:07 — ego7601I wholeheartedly agree with you. IMHO, Barber wants to start a lawsuit that could cause some sort of precedent and be the next Sharpton or Jackson. Maybe I missed it, but has Barber even asked for a meeting with the newly elected board to voice his concerns before he riled up some people that aren't even in his community?
I don't care whether the kids in my child's class are black, brown, white, purple or polka-dotted, whether they are rich, poor or in the middle. It is the fact that there are kids that are being used as pawns in this political game. They are being shipped half way across town and are suffering because of it. They arrive at school tired and are unable to concentrate. And because of that, their education suffers. Maybe if kids could get a good night's sleep, sit on a bus for 20 minutes instead of an hour, and get home at a reasonable time to do homework, then they may do better in school. Is it me or did common sense about this go out the window??
I'd like to see Barber argue these points from Swann v. Charlotte Board of Education:
"Students would be picked up at schools near their homes and transported to the schools they were to attend. The trips for elementary school pupils average about seven miles, and the District Court found that they would take not over 35 minutes, at the most." AND
"An objection to transportation of students may have validity when the time or distance of travel is so great as to either risk the health of the children or significantly impinge on the educational process. "
Nothing is lawsuit proof
Tue, 11/03/2009 - 08:20 — KnightdaleParentI just hope if NAACP sues, that the WCPSS countersues for the cost to defend when the NAACP loses a frivolous case. Enough of our education money has been spent on lawsuits in this county.
He Better Get That Suit Ready for Meckenberg County Right?
Tue, 11/03/2009 - 10:41 — MamaLynnIf this is a real issue wouldn't the NAACP already have sued Mecklenberg county. They did away with busing for diversity many years ago. They also have a much higher percentage of F&R kids! Where is that suit Rev. Barber?
OH dang! MamaLynn you are
Tue, 11/03/2009 - 19:25 — dryeraseuserOH dang! MamaLynn you are so smart!!!
I wish I had thought of that too! EXCELLENT POINT!!! Why hasn't he sued CMS yet??? Why all of a suddent WCPSS??
Because he can't see through
Tue, 11/03/2009 - 19:50 — g88ky07his 1959 glasses!
Or over that big belly!
How about suing the rest of
Tue, 11/03/2009 - 12:33 — NWRaleighMomHow about suing the rest of the country which do not bus for diversity?