AggieJohn
07-26-2006, 07:36 AM
Panel says school districts' squabble was about dollars
By JENNIFER RADCLIFFE
Copyright 2006 Houston Chronicle
A fight over white students between two rural Brazos Valley school districts has more to do with money than race, the U.S. 5th Circuit Court ruled this week.
The 450-student Mumford school district did not violate the state's 35-year-old desegregation order by absorbing large numbers of white transfer students from neighboring Hearne, a panel of three justices ruled.
The decision, which overturns an earlier U.S. District Court judgment, said Mumford didn't appear to have a "discriminatory intent" as it enrolled hundreds of students from Hearne in the past decade.
"Though it is certainly possible that racial discrimination still exists with regard to the treatment of black students in Texas schools, no evidence of segregation or its vestiges was presented in the instant case," the ruling states. "The battle between Hearne and Mumford is fought for the transfer dollars rather than racial justice."
The two small-town districts are about 25 miles north of College Station.
They have been at odds for more than three years — since Hearne lawyers filed a lawsuit contending that Mumford was aggressively recruiting its white students. A federal order prevents districts from using inter-district transfers to impede desegregation.
But because both Mumford and Hearne are already "majority-minority" districts, the desegregation concerns aren't as relevant, the ruling said.
"To the extent that the district court relied on a quantitative analysis to show that white transfers from Hearne to Mumford were 'transforming the district into a predominantly African American district when it would not otherwise be so,' its findings are clearly erroneous," the 5th Circuit said.
400 students lost
Hearne's enrollment has steadily declined since the early 1990s. The district lost about 400 students in the past 10 years, including 300 white children. During the same span, Mumford grew by 313 students, 137 of whom were white, according to state records.
Most of the transfers to Mumford have been black and Hispanic students, according to court documents, not white.
The enrollment loss cost Hearne $18.6 million in state revenue over 14 years — a huge blow to its academic programs, officials said.
"The court apparently ruled against Hearne on the narrow issue of whether Mumford's practice of enrolling Hearne students turned Hearne ISD into a one-race school," Hearne Superintendent David Deaver said in a written statement.
Roger D. Hepworth, the attorney representing Hearne, said the district may ask the full Court of Appeals — not just a panel — to rule on the case.
"We're disappointed that the court decision that was in our favor was reversed," he said.
Proving that Mumford used discrimination to lure away Hearne's white students would be nearly impossible, Hepworth said.
"No one will admit that they're transferring to get away from the blacks," he said. "That's a high standard to meet."
Legal costs totaled
Hearne has spent roughly $300,000 pursuing the case, he said.
Though both districts earned "acceptable" ratings from the state in 2005, Mumford students scored considerably higher than Hearne students on the Texas Assessment of Knowledge and Skills, according to state records.
Don McLeroy, the State Board of Education member who represents the area, said the ruling is a victory for school choice.
"That's good. That's wonderful," he said. "If (a parent) thinks they can be better educated at the other school district, they need to go. ... I basically believe the more competition, the better. It's going to be an engine of improvement."
Parents relieved
Parents who transferred their students from Hearne said they're grateful their children will be able to stay in what they consider better and safer schools.
"There's just no way to describe the relief I have," said Tim Johnson, a white parent whose 14-year-old son attends Mumford. "We've been sweating this out all summer."
Mumford offers a better opportunity for his son, said Johnson, who graduated from Hearne High in 1985. The district has nicer buildings and better technology, he said. Test scores are higher, he said, and the school has fewer discipline problems.
Mumford Superintendent Peter Bienski is also thrilled with the decision, which he said will allow him to admit some of the students on a waiting list into his district before school starts there Aug. 9.
"This is a great victory for the children, parents and everyone associated with Mumford," he said.
Bienski said the ruling will also make the state rethink how it decides whether to penalize districts that may see their demographics shift because of admitting transfer students.
TEA spokeswoman Debbie Graves Ratcliffe said state officials will review its policy on such transfers in light of the ruling.
jennifer.radcliffe@chron.com
By JENNIFER RADCLIFFE
Copyright 2006 Houston Chronicle
A fight over white students between two rural Brazos Valley school districts has more to do with money than race, the U.S. 5th Circuit Court ruled this week.
The 450-student Mumford school district did not violate the state's 35-year-old desegregation order by absorbing large numbers of white transfer students from neighboring Hearne, a panel of three justices ruled.
The decision, which overturns an earlier U.S. District Court judgment, said Mumford didn't appear to have a "discriminatory intent" as it enrolled hundreds of students from Hearne in the past decade.
"Though it is certainly possible that racial discrimination still exists with regard to the treatment of black students in Texas schools, no evidence of segregation or its vestiges was presented in the instant case," the ruling states. "The battle between Hearne and Mumford is fought for the transfer dollars rather than racial justice."
The two small-town districts are about 25 miles north of College Station.
They have been at odds for more than three years — since Hearne lawyers filed a lawsuit contending that Mumford was aggressively recruiting its white students. A federal order prevents districts from using inter-district transfers to impede desegregation.
But because both Mumford and Hearne are already "majority-minority" districts, the desegregation concerns aren't as relevant, the ruling said.
"To the extent that the district court relied on a quantitative analysis to show that white transfers from Hearne to Mumford were 'transforming the district into a predominantly African American district when it would not otherwise be so,' its findings are clearly erroneous," the 5th Circuit said.
400 students lost
Hearne's enrollment has steadily declined since the early 1990s. The district lost about 400 students in the past 10 years, including 300 white children. During the same span, Mumford grew by 313 students, 137 of whom were white, according to state records.
Most of the transfers to Mumford have been black and Hispanic students, according to court documents, not white.
The enrollment loss cost Hearne $18.6 million in state revenue over 14 years — a huge blow to its academic programs, officials said.
"The court apparently ruled against Hearne on the narrow issue of whether Mumford's practice of enrolling Hearne students turned Hearne ISD into a one-race school," Hearne Superintendent David Deaver said in a written statement.
Roger D. Hepworth, the attorney representing Hearne, said the district may ask the full Court of Appeals — not just a panel — to rule on the case.
"We're disappointed that the court decision that was in our favor was reversed," he said.
Proving that Mumford used discrimination to lure away Hearne's white students would be nearly impossible, Hepworth said.
"No one will admit that they're transferring to get away from the blacks," he said. "That's a high standard to meet."
Legal costs totaled
Hearne has spent roughly $300,000 pursuing the case, he said.
Though both districts earned "acceptable" ratings from the state in 2005, Mumford students scored considerably higher than Hearne students on the Texas Assessment of Knowledge and Skills, according to state records.
Don McLeroy, the State Board of Education member who represents the area, said the ruling is a victory for school choice.
"That's good. That's wonderful," he said. "If (a parent) thinks they can be better educated at the other school district, they need to go. ... I basically believe the more competition, the better. It's going to be an engine of improvement."
Parents relieved
Parents who transferred their students from Hearne said they're grateful their children will be able to stay in what they consider better and safer schools.
"There's just no way to describe the relief I have," said Tim Johnson, a white parent whose 14-year-old son attends Mumford. "We've been sweating this out all summer."
Mumford offers a better opportunity for his son, said Johnson, who graduated from Hearne High in 1985. The district has nicer buildings and better technology, he said. Test scores are higher, he said, and the school has fewer discipline problems.
Mumford Superintendent Peter Bienski is also thrilled with the decision, which he said will allow him to admit some of the students on a waiting list into his district before school starts there Aug. 9.
"This is a great victory for the children, parents and everyone associated with Mumford," he said.
Bienski said the ruling will also make the state rethink how it decides whether to penalize districts that may see their demographics shift because of admitting transfer students.
TEA spokeswoman Debbie Graves Ratcliffe said state officials will review its policy on such transfers in light of the ruling.
jennifer.radcliffe@chron.com