--Thomasville City Schools prevail in lawsuit brought by the NAACP and can recover costs.
--NAACP and the City School System each appeal lawsuit
THOMASVILLE CITY SCHOOLS
PREVAIL
IN LAWSUIT BROUGHT BY THE NAACP AND CAN RECOVER COSTS
A ruling has been handed down in a federal lawsuit brought by the Thomas County
Branch of the NAACP against the Thomasville City School System charging the
school system with racial discrimination. On Friday, April 21, 2006, US District
Judge Clay Land ruled that "ability-grouping" by the school system was not
illegal discrimination and he also ruled that the school system could recover
some of its costs in fighting the suit from the NAACP.
--The court case has been in litigation since 1998 when the NAACP claimed the
city school system with racial discrimination. A trial was conducted in 2003 and
a ruling was made in favor of the school system. In 2005 the case was sent back
to District Court according to a ruling by the 11th U.S. Circuit Court of
Appeals because the appeals court said the district court failed to apply the
correct legal standard in an ability grouping issue raised in the lawsuit. The
Appeals Court also told the District Court to reconsider declining to award
costs to the school system as the prevailing party. The Appeals Court approved
the other decisions by the District Court.
--In the opinion released April 21, 2006, Judge Land said, "The Court factually
found that the imbalances [claimed by the NAACP to be discriminatory] were the
result of the ability-grouping system used by the schools, that the children
were grouped in that system based on their perceived ability, and that this
ability was based on their impoverished circumstances more than anything else
and was certainly not traceable to the de jure segregated school system." The
opinion goes on to say, "Is the District's ability grouping the present result
of past segregation? . . . the answer is clearly no." Judge Land said, "The
Court finds that no child attending District schools at the time of trial had
ever been enrolled in the District's previous de jure racially segregated
system. The Court further finds that the achievement level of the black children
in the certified class who have been placed in the lower achievement groups is
not a result of the previous de jure segregated school system. Therefore, their
placement in the lower achievement groups is not the present result of past
segregation. Accordingly . . . the district's ability grouping does not violate
the Fourteenth Amendment or Title IV." In the original judgment by Judge Land
before the appeal, the court said the use of ability-grouping created racial
imbalances in many of the classes in the various schools of the system,
resulting in an overrepresentation of black students in less academically
advanced classed and an overrepresentation of white students in more
academically advanced classes. Judge Land said in his original decision that the
tracking system was not intended to segregate students based upon race. The
Appeals Court said Judge Land's decision focused on whether the tracking
practice was intentionally discriminatory instead of determining if the
ability-grouping was based on present results of past segregation or whether it
would remedy such results.
--Judge Land also ruled that the Defendant, the school system, was "entitled to
recover its costs of this action." Under federal rules, that does not mean the
entire cost to the school system of fighting the lawsuit. It does not mean the
system can recover attorney fees that some school officials estimated at more
than $300,000, but it does mean that the cost of basically the paperwork, such
as copying and compiling of documents, could be recovered from the NAACP. Those
estimates are about $50,000.
NAACP SUIT AGAINST THOMASVILLE
CITY SCHOOLS BACK TO DISTRICT COURT
The federal court case that has been in litigation since 1998 against the
Thomasville City School System accusing it of racial discrimination is being
sent back to District Court according to a ruling by the 11th U.S. Circuit Court
of Appeals. On Friday, September 23, 2005, the Court of Appeals ruled that the federal
District Court failed to apply the correct legal standard in an ability grouping
issue raised in the lawsuit. The Appeals Court also told the District Court to
reconsider declining to award costs to the school system as the prevailing
party. The Appeals Court did approve the other decisions by the District Court.
--The Appeals Court said in its opinion, "For the most part, we can discern no
error in the district court's findings of fact or its application of the law . .
. However, as to the plaintiffs' claim that the district's use of 'ability
grouping' to determine classroom assignments discriminates on the basis of race,
we conclude that the district court failed to apply the legal standard long
accepted in this circuit, and that this legal error tainted its findings of
fact." In the decision by the District Court, Judge Clay Land said the court
found the use of ability-grouping created racial imbalances in many of the
classes in the various schools of the system, resulting in an overrepresentation
of black students in less academically advanced classed and an
overrepresentation of white students in more academically advanced classes.
Judge Land said in his original decision that the tracking system was not
intended to segregate students based upon race. The Appeals Court said Judge
Land's decision focused on whether the tracking practice was intentionally
discriminatory instead of determining if the ability-grouping was based on
present results of past segregation or whether it would remedy such results.
--A three-judge panel composed of Rosemary Barkett, Stanley Marcus and Richard
F. Suhrheinrich heard the appeal. Suhrheinrich, a judge in the 6th U.S. Circuit,
sat in on the case by designation.
ORAL ARGUMENTS
SET
Oral arguments in an appeal are set for February of 2005 in the six-year old
case of the Thomas County Chapter of the NAACP against the Thomasville City
School System charging it with racial discrimination. The local civil rights
organization is seeking to overturn a ruling by a federal judge who found the
school system had not discriminated against blacks in the community. The city
school board is seeking permission from the appeal court to try to recover part
of its costs in fighting the case.
--The oral arguments in the appeal are expected to take place February 2, 2005,
before a three-judge panel selected the week before the arguments from the
members of the 11th US Circuit Court of Appeals based in Atlanta. The arguments
are to be heard in Atlanta. According to the lawyer for the Thomasville City
School Board, Jerry Lumley, of Lumley and Howell in Macon, the arguments will
only take “hour or so” during a day where there will be oral arguments heard in
several cases. Lumley said the appeals court, based on past cases, may take
three to six months to make a decision. Lumley said if the decision by the
three-judge panel is split 2-1, then “it is possible that the whole court will
then hear the case.”
--Lumley said Tuesday, November 30, that the Appeals Court will not hear any new
evidence, “only make a ruling to see if the evidence in the trial phase
supported the decision. And we believe that the evidence supported the decision
by the District Court judge that the school board did not practice
discrimination.”
--Lumley also said the school board is asking the Court of Appeals to allow the
District Court to rule on whether or not the board can recover from the NAACP
some of the costs in fighting the lawsuit. Lumley said the board cannot recover
attorney costs, but can recover other expenses of the lawsuit, such as copying
documents, filing fees and such, “That has amounted to between 75-thousand and
100-thousand dollars. Probably the total cost to the taxpayers in fighting the
case has been between 300-thousand and 400-thousand dollars.”
--The local chapter of the NAACP was represented in the trial, and is
represented in the appeal, by the Lawyer's Committee for Civil Rights Under Law
in Washington, D.C.,
--On February 5, 2004, District Court Judge Clay Land found that the Thomasville
City School System did not engage in racial discrimination. In his ruling Judge
Land also said the school system could not seek from the NAACP the recovery of
money spent fighting the case. In a motion filed March 4, 2004, the NAACP said
it intended to appeal Judge Land’s ruling. Lumley said that with the appeal by
the NAACP, the city school system was free to seek payment from the NAACP for
the costs of fighting the lawsuit and the city school system filed the motion to
seek payment March 10, 2004.
--The case was originally filed October 2, 1998. The trial phase of the civil
lawsuit took place in July and August of 2003, in Thomasville's Federal Court.
The Thomas County chapter of the NAACP charged the city schools with racial
discrimination and other illegal racial disparities, stating in the original
filing of the suit, "The school district failed to desegregate after the Brown
versus Board of Education decision; Thomasville elementary schools remain
segregated by school despite the district's 'Freedom Of Choice' plan; MacIntyre
Park Middle School and Thomasville High School are segregated by class and
instructional level; discipline is applied unequally to students in the
Thomasville school district; and programs such as Special Education, Gifted
Program and Extracurricular Activities are segregated." The city school system
denied the charges.
--After the trial, Judge Land ruled that the city school system "does not
presently engage in racial discrimination as prohibited by the Fourteenth
Amendment and Title VI of the Civil Rights Act" and that the schools "does not
presently discriminate on the basis of race in any aspect of its operations."
The Judge also said each side had to bear the cost of the lawsuit, in effect
barring either side from seeking recompense for the costs of the suit.
--After the ruling by Judge Land, the Thomasville School Board decided not to
appeal the prohibition on seeking repayment of the cost of the lawsuit, with
some board members saying in any appeal, the entire case could be opened again
and a different decision could take place. Only later, with the appeal filed by
the NAACP, did the school board decide to ask for the restitution.
NAACP AND THE CITY SCHOOLS EACH
APPEAL LAWSUIT
The Thomas County Branch of the NAACP has filed a notice with the federal
courts that it intends to appeal the judgment of District Court Judge Clay Land
in case of the organization's lawsuit against the Thomasville City School System
charging racial discrimination. On February 5, 2004, Judge Land ruled that the
Court found that the school system did not engage in racial discrimination.
Judge Land also issued a ruling that said the school system could not seek from
the NAACP the recovery of money spent fighting the case. Jerry Lumley, the lead
attorney for the city schools, said Wednesday, March 17, that with the appeal by
the NAACP, the city school system was free to seek payment from the NAACP for
the costs of fighting the lawsuit.
--In a motion filed March 4, 2004, the Lawyer's Committee for Civil Rights Under
Law in Washington, D.C., on behalf of the NAACP, filed notice to the District
Court that the NAACP and plaintiffs named in the suit "hearby appeal to the
United States Court of Appeals for the Eleventh Circuit from the final judgment"
of Judge Land. Following that, Lumley, on behalf of the Thomasville City
Schools, filed a notice on March 10, 2004, to the same District Court that the
city schools "appeals that part of the . . . judgment that 'each side shall bear
its own costs. . . '" Lumley said Wednesday that meant the schools would ask the
NAACP to pay for the cost of fighting the lawsuit. Some school officials have
estimated that the school system has spent, apart from attorney fees, up to
$300,000 on the case.
--The NAACP's lawyers now have about a month to file with the Court of Appeals
the reasons that that they think Judge Land erred in his ruling. The city
schools then have a month to file a response. Lumley said there had been "no
exact time set for the filing of the briefs." He also said that the Court of
Appeals had no deadline for making a decision on the appeal, but it would likely
be six to eight months after the briefs were filed.
--The case was originally filed October 2, 1998. The trial phase of the civil
lawsuit took place in July and August of 2003, in Thomasville's Federal Court.
The Thomas County chapter of the NAACP charged the city schools with racial
discrimination and other illegal racial disparities, stating in the original
filing of the suit, "The school district failed to desegregate after the Brown
versus Board of Education decision; Thomasville elementary schools remain
segregated by school despite the district's 'Freedom Of Choice' plan; MacIntyre
Park Middle School and Thomasville High School are segregated by class and
instructional level; discipline is applied unequally to students in the
Thomasville school district; and programs such as Special Education, Gifted
Program and Extracurricular Activities are segregated." The city school system
denied the charges.
--After the trial, Judge Land ruled that the city school system "does not
presently engage in racial discrimination as prohibited by the Fourteenth
Amendment and Title VI of the Civil Rights Act" and that the schools "does not
presently discriminate on the basis of race in any aspect of its operations."
The Judge also said each side had to bear the cost of the lawsuit, in effect
barring either side from seeking recompense for the costs of the suit.
--After the ruling by Judge Land, the Thomasville School Board decided not to
appeal the prohibition on seeking repayment of the cost of the lawsuit, with
some board members saying in any appeal, the entire case could be opened again
and a different decision could take place.
RULING MADE
ON NAACP LAWSUIT AGAINST CITY SCHOOL SYSTEM
The Federal District Court Judge presiding over the the racial discrimination
lawsuit brought by the Thomas County NAACP against the Thomasville City School
System has ruled in favor of the school system. In a decision filed Thursday
morning, February 5, 2004, US District Court Judge Clay D. Land ruled, "The
Court finds that the [Thomasville City School] District does not presently
engage in racial discrimination as prohibited by the Fourteenth Amendment and
Title VI of the Civil Rights Act." Judge Land said the District "does not
presently discriminate on the basis of race in any aspect of its operations . .
. Accordingly, Plaintiffs [the NAACP] are not entitled to the relief they seek."
--City school officials and their attorney said they were pleased with the ruling that represented a complete win for the school system. The school's attorney, Jerry Lumley, said Thursday, “The Judge found for us on every issue, every accusation and every allegation made by the NAACP and the other plaintiffs. Most importantly, the Court found that the school system does not engage in racial discrimination.” The Chairman of the city school board, Darrell Allen, said Thursday, “After more than five years, we have spent hundreds of thousands of dollars to prove we did nothing wrong. We feel vindicated by the Court’s ruling. ” The Superintendent of the school system, Sabrina Boykins Everett, said Thursday, “Since the day we received notice of this lawsuit, our focus has been on providing a quality education for all students in the system. We are pleased that we will now be able to use all our resources – personnel and financial – for that purpose alone.”
--In his ruling, Judge Land said, "Based upon the evidence presented at the trial, the Court finds that the racial composition of the District's elementary schools is currently 'imbalanced' because of changes in the racial makeup of the City of Thomasville, shifting housing patterns, and changes in the enrollment of the District's schools caused by declining white enrollment as compared to black enrollment." The Court said, "the current racial imbalances of the District's elementary schools are not due to any intentional discrimination on the part of the District and are not vestiges of the District's previous de jure [based in law] racially segregated system."
--Land said, "The court finds that the current racial imbalances in individual classes are a result of the District's educational policy of 'ability grouping' or 'tracking.'" Land said the District grouped students based on their perceived ability starting in kindergarten and. "regrettably," a disproportionate number of low income students, "most of whom happen to be black," were placed in the lower ability groups. Land said he found those placements were not being made due to the race of the student. Judge Land said the grouping persisted during the student's progression through the system and "the inevitable result therefore is that they remain on the 'lower ability' track for the duration of their educational careers, absent parental intervention." Judge Land did note that he "makes no finding as to whether some placements may be affected by the subtle racism of low expectations, However, the Court does find that intentional racial discrimination is not the reason for placement decisions." Judge Land said in his ruling, "The District does not manipulate the ability tracking system in order to track students based upon their race."
--Judge Land said, "There are no significant differences between the education levels and experience of the faculties of the District's elementary schools . . . any racial imbalances that presently exist regarding the District's faculty are not traceable to the de jure segregated system or to current racial discrimination."
--Judge Land said, "To the extent that different curriculum is used depending on the ability level of the class, the Court finds that no racial discrimination exists." Judge Land said no student had been denied an opportunity to participate in the the school's gifted program because of race; that, "The District does not discriminate on the basis of race with respect to its gifted program." Judge Land said in the area of special education, that "race has not been a factor in any decision made by the District regarding placement of children in the Special Education Program."
--The ruling said, "The Court finds that the District does not treat black students differently from white students with respect to discipline," and "race has not been a factor in any decision made by the District with respect to discipline."
--As to the District's facilities, Judge Land said there was no racial imbalance favoring white students or funding for those facilities. The Judge said there was no discrimination against blacks with respect to transportation and there was no racial imbalance with regard to extracurricular activities.
The federal lawsuit filed against the Thomasville City School System
alleged racial discrimination. The suit, filed in US District Court
--The school system, through a written statement from Superintendent Jim
Cable, also responded Wednesday, “It is regrettable that these perceptions
exist. We have an excellent school system. Our school system does not
discriminate against any students. We’ll do whatever it takes to work through
this as we remain focused on the job of educating children.”
--The lawsuit charges discrimination exists in five specific areas in the
system. One area is in classroom and school assignments. At the time the suit
was filed, there were charges that
--When the suit was filed, Devoe said, “Racial discrimination exists at
every level of the City of
--Representing the local NAACP in the suit is The Lawyers Committee for
Civil Rights Under Law, a national civil rights organization, Dorsey and
Whitney, L.L.P., a national law firm with a strong interest in civil rights and
a law firm in
--Later in the year, the lawsuit was turned into a class action case. Federal District Court Judge Louis Sands ruled early in August, 2001, that the allegations of violations of civil rights by the school system are the kind that “can be fairly adjudicated as a class action.”
--A spokesperson for the attorneys of the school system said the judge's ruling was a "procedural decision." The case is in a discovery phase. Depositions of witnesses end in early January, 2002, and then expert witness depositions will be taken. Then comes a period of motions.
In 2002, the NAACP filed a motion
in the on-going suit against the Thomasville City School System to prevent the
closing of
--The Thomasville City School Board voted to sell
the
--The school board had decided to
close Douglass and merge its students and faculty with
--During two public hearings, one
on
--According to a lawyer associated with
the plaintiffs in the case, Thomas J. Henderson, the motion by the NAACP was
filed in federal court on
--The motion was filed as part of a
lawsuit filed four years ago by the local NAACP alleging racial discrimination
by the city school system.
--In the interview,
--
--
--The Thomasville City Board of
Education met
--None of the school board members or the superintendent, Dr. Jim Cable, would comment on the motion filed against the board after the Tuesday meeting. Instead, reporters were directed to Lumley for comment. Lumley said, "The plaintiff's motion is not correct. We will defend this very vigorously. There is no merit to the motion and we will show the charges are not substantiated." Lumley said there were several charges made in the motion that were wrong, such as no transportation planned for students, "The board has a plan to bus students who might have a considerable distance to walk." Lumley also said, contrary to the charges made in the motion, "The school board has no definite plans to place portable buildings at the Harper school site, but it has ordered the buildings only as a precaution." Lumley said, "We look forward to defending ourselves and proving the charges wrong."
--After the meeting, Doris Booker, representing the Douglass Alumni Association who has been tapped by the school board to get the building and grounds of Douglass Elementary after July 1 after a token payment, said she did not feel that the motion by the NAACP would affect the sale.
--On May 2, 2002, Judge Land ruled the school system could sell the school.
SEPARATE LAWSUIT FILED AGAINST CITY SCHOOLS, BUT EVENTUALLY DISMISSED
An earlier court case was filed the last working day of 1996 in federal
district court charging racial discrimination by the Thomasville City School
System involving the staffing and operation of the city’s middle school. The
suit was eventually dismissed.
--The case was brought by a mostly black citizen group, MacIntyre Park
Parents/Concerned Citizens Association, against the Thomasville City School
System. The suit was filed, according to the plaintiffs, to redress what they
said were discriminatory practices at the
--
--The plaintiff’s attorneys argued in hearings before Judge Sands in
January 1997 that Superintendent Shiver was not working as hard as he said he
could to address discrimination. Also
--On
--Later in 1998, Judge Lewis Sands dismissed the rest of the lawsuit
brought by the MacIntyre Park Parents/Concerned Citizens Association
charging racial discrimination at the middle school. Judge Sands said he
dismissed the suit because the Association had no standing.
Two incumbents on the Thomasville City School
Board were defeated in city elections in November 1997. Board Chairman
Nathaniel Abrams lost a three-way race for a seat in District 1 to challenger
Ananias Hopkins III. Board member Ken Cone came in last in a five person race
where the first and second place won the seats available on the board from
District 2. Board member Debbie Loftiss did not run for re-election. Winning
those two District 2 seats were Darrell Allen and Rick Ivey.
--The Superintendent of the Thomasville City Schools, Dr. Lee Shiver,
resigned his position effective
--The then Chairman of the School board, George Lilly, said Dr. Shiver
had a contract with the school system through June 1999 and the system had
intentions to honor that contract in full under a separation agreement. Lilly
said those funds were included in the fiscal year 1999 budget and would not be
a financial hardship on the system. Sources indicated that agreement called for
the system to pay around $100,000 to Dr. Shiver for the separation agreement.
The vote of the school board to accept the separation agreement was unanimous.
--In a written statement, Chairman Lilly said the board “felt that, given
the current environment, it was in the best interests of the Thomasville City
Schools to make a change in leadership.” The statement said the board was “very
fortunate to have someone of Dr. Cable’s education, experience and integrity
who also brings to the table a knowledge of the system and the community gained
over 17 years with the Thomasville City Schools.”
--In a written statement, Dr. Shiver said he was resigning as
superintendent “because it has become obvious to me that my usefulness to the
board has run its course.” Shiver said there had been twelve different board
members in less than four years and “this board has different priorities and
ideas about how they want the school system to be run.” Dr. Shiver said his
immediate plans “are to spend some quality time with my family. I have a fairly
diverse background in education administration, so I’m really interested in a
number of opportunities that are out there right now, including higher
education. I haven’t committed to another position yet and I’m keeping my
options open for the time being. Thomasville High School is one of the state’s
great high schools and my wife and I would very much like to see our oldest
daughter, Brittany, graduate with her Bulldog classmates in 2000.” Dr. Shiver
presented a list of accomplishments of the city schools over the last four
years and said “it is a characteristic of a quality school system that, despite
different philosophies and opinions, puts the best interests of students first.
It’s been a hallmark of the Thomasville City School System for almost 100 years
and I have every reason to believe it will continue well into the next
millennium.”
--Public controversy broke out over Superintendent Shiver when a group of
citizens and parents filed a federal lawsuit the last day of 1996 alleging
discriminatory practices at the school system. The suit also asked that a
middle school principal moved out of the school by Dr. Shiver be reinstated.
The motion to reinstate the principal was later declared moot by the judge when
the principal got another job in education outside of
DR. SHIVER RESIGNS AS SUPERINTENDENT OF THE PICKENS COUNTY SCHOOL SYSTEM TO TAKE A JOB AT THE GEORGIA SCHOOL FOR THE DEAF
--Dr. Lee Shiver, a former
Superintendent of the Thomasville City School System, has been appointed the new
director of the Georgia School for the Deaf in Rome. The
appointment by the State Board of Education on the recommendation of State
School Superintendent Kathy Cox. The appointment has been criticized by members
of the deaf community who say Dr. Shiver comes despite a lack of experience
working with the deaf and no knowledge of sign language. Dr. Shiver has resigned
as Superintendent of Pickens County schools in North Georgia in the Fall of
2005. Dr. Shiver had been Superintendent of the Thomasville City School System
from the summer of 1994 until he resigned in June, 1998.
--Shiver's appointment was voted on by the state board on February 7, 2006, and
is due to be effective March 1. He will replace an interim director at the
School for the Deaf, Cynthia Ashby. The former director of the school, Winfield
McChord, resigned in July, 2005, after serving for 19 months. A spokesperson for
the State Department of Education, Dana Tofig, has cited Dr. Shiver's education
background for his selection, "The superintendent and the board were very
impressed with Dr. Shiver's commitment to education in Georgia, and believe he
would do a wonderful job at the Georgia School for the Deaf."
--Deaf community members and their advocates say they are concerned about the
lack of input from the public in the hiring process. But the Rome News-Tribune
reported last week that State Schools Superintendent Kathy Cox said in e-mail
responses to the newspapers inquiries that public input was "not under
consideration" although education officials "always want to hear constructive
suggestions and input from the community about all issues." The newspaper also
reported that Cox said she and her staff were "very confident" that Shiver has
"the experience and the attitude to lead the Georgia School for the Deaf and
make it one of the best deaf-education schools in America."
--The Rome newspaper also reported that Dr. Shiver said he was learning American
Sign Language and challenge shows his attitude, "I think once the students see
that and understand that, and parents see that, they will feel very positive."
--In their February 9, 2006, editions with the first news of his appointment,
the Rome newspaper quoted Dr. Shiver as saying, "It's very exciting. I've been a
superintendent for 10 years, and prior to that, I was an elementary and high
school principal. As fulfilling as being a superintendent is, I missed the
contact with the students. There is a lot of potential there for me personally
and professionally." The newspaper also reported Shiver as saying, "My
administrative career has largely been focused on coming in from the outside to
a challenging situation and offering fresh ideas and fresh perspectives. I have
a collaborative leadership style." He said his experiences in education and at
home have prepared him for the position. The newspaper reported that Shiver said
those experiences taught about barriers that students with labels can deal with,
"My background personally and professionally really lends itself to the
leadership that the state is looking for." As a superintendent and a principal
he said he has worked with students with learning disabilities including hearing
disabilities. He has a 21-year-old daughter with Down's Syndrome.
--Earlier in the year, August 11, the Pickens County Board of Education met and
discussed Shiver's work as superintendent and his future with the school system.
The Pickens County Board of Education met Wednesday, September 21, 2005, for an
emergency called board meeting. After a closed session to discuss personnel, the
school board voted to accept a mutual release agreement with Dr. Shiver from his
obligations as superintendent. Mike Ballew was appointed interim superintendent
of the Pickens County School system.
--In a statement released after the September meeting, the board said, "The
Board would like to thank Dr. Lee Shiver for the work and leadership he has
provided to the Pickens County School system since 1999. His efforts can be seen
both in our classrooms and campuses." The statement said, "This Board and Dr.
Shiver have come to a mutual contract release agreement, because of
philosophical differences in our school system."