Plaintiffs in Arkansas sued to block the state takeover of Little Rock public schools. Plaintiffs argued that the expansion of charters was racially discriminatory because the public schools are predominantly black, and the charters are predominantly white. The judge rejected their request.
“The plaintiffs, led by civil rights lawyer John Walker, had sought to reverse both the takeover of the LRSD and the granting of permission to Little Rock charter schools to expand their student populations. The suit named as defendants the state Board of Education (which gave final authorization to the takeover and the charter expansions), Education Commissioner Johnny Key and the Arkansas Department of Education. Marshall said the plaintiffs had failed to make a case against the state, though the school district itself must still face a trial on the merits of a complaint about unfairness in facilities.”
The plaintiffs didn’t prove that the plan was intended to cause segregation, even though it did.
In his decision, the judge wrote:
“And there’s no real question about disproportionate effect: more than 65 percent of LRSD students are black; a majority of the dissolved Board was black; and the students at the growing charter schools in Little Rock are (to generalize) whiter and wealthier than LRSD’s students. But the settled precedent is clear; discriminatory effects alone are insufficient to show discriminatory intentions.
“What’s missing are pleaded facts that show the intention to discriminate based on race, that show foul thoughts becoming harmful actions.”
So much for “saving poor kids from failing schools.” How about “opening segregation academies with state funding for affluent white kids?”
I’ll post the same comment as I did re: charter schools! And neoliberalism and charter schools keeps rolling along: What can anyone say that has not been, to one degree or another, said before in some form or another regarding charters and Walmartians! BTW – go to: https://www.facebook.com/groups/TheWarReportOnPubEd/search/?query=walmartians
Sorry – I’ll try to get the link going!
Unfortunately, the judge made the correct decision based on established law. The SCOTUS created the precedent used to determine it by dismissing several suits brought against law-enforcement agencies on the grounds their policies were de facto discriminatory. The law says that unless there is clear and stated intent to discriminate, there is no discrimination.
Correct! I guess the clearly “stated” intent of the Walmartians by supporting charters is supposedly to overcome the effects of a historically racist society. Let’s remember that old “soft bigotry of low expectations” line. According to neoliberal corporate privatizers. Charters = choice = equal overcoming bad public schools etc…. And as we all know, in Arkansas we clearly see the power of the Walmart folks and the the Walmartians write larger when if comes to charter schools. http://www.arktimes.com/ArkansasBlog/archives/2015/03/18/theres-money-in-charter-schools-waltons-say
So many poor decisions are made by courts and legislative bodies that we are approaching a point where it genuinely doesn’t matter if it was the correct interpretation of law or judicial precedent. An unjust decision is illegitimate.
The judge in this case seems to saying that de facto segregation is not illegal, but de jure (from a law like the Brown vs. the Bd. of Ed) segregation is illegal. Legal experts will have to look at some other legal options to fight the tyranny of segregated charters. Perhaps it will come from using public funds to promote segregation. Or if charter schools are found to not be public schools, as in some states, students might be not compelled to attend them. The state should have to offer authentic public education. People at the Education Law Center will have to examine other ways in which to challenge charter expansion.
Having lived and worked in Arkansas I understand the power of the Walmartians! Sadly, if a higher court would eventually overturn this decision it will be based on what has actually happened regarding the creation of a segregated school system
as a direct result of this recent decision By that time, these Walmartians know that they will have attained an almost unassailable foothold in Little Rock.
https://publicschoolscentral.wordpress.com/2015/07/27/part-ii-the-wild-wild-world-of-charter-schools-the-attack-of-the-walmartians/
Hillary has been working on behalf of children all her life, presumably including the years when her husband was governor. But God forbid anyone in the media ask her any questions about this, or any other questions regarding education for that matter.
“Hillary has been working on behalf of children all her life,”
That’s a good one Joe! Glad I wasn’t drinking anything when I read that!!
I really hate this myth. Here’s a task for anyone and everyone who wants to know the “real” Hillary: Find out how long Hillary worked at the Children’s Defense Fund, and what she accomplished there. Then compare it with how long she worked as a corporate lawyer, and what she accomplished there.
Then figure out how many children she “worked on behalf of” through welfare reform, school reform, the crime bill, unnecessary wars and imperialist coups, and Wall Street’s agenda including NAFTA and de-regulation.
Nice words and warm intentions do not make someone the patron saint of children (or women, or anyone…)
Dare I say Hillary Clinton has hurt far more children than helped.
No, that doesn’t necessarily mean Trump is better, but let’s get things straight about Hillary. She is not a hero who defends children from billionaires and political insiders.
That analysis might get you into deep doodoo in this neck of the woods. Right Dienne!!!
This is from http://www.arkansasonline.com/news/2016/sep/28/lr-district-foresees-344m-taken-in-355m/?f=news-arkansas#/
“The state Education Department monitors school districts that repeatedly draw on reserves to meet expenses. Declining reserves in each of three successive years puts a district in jeopardy of being state-labeled as fiscally distressed and subject to state approval of each district expenditure while also carrying out a financial improvement plan.
Fiscally distressed districts that fail to show sufficient progress in correcting their financial issues can be taken over by the state.
The Little Rock district is not labeled as fiscally distressed, but it has been operating under state control since January 2015 for academic distress.
That was brought on when six of the district’s 48 schools were labeled as academically distressed for low student achievement on state tests over three years.”
That reasoning ignores the heroic effort of LR educators in reaching a high percentage of students in most schools, in spite of deep cuts in personnel.