TheTimesTribune.com, Corbin, KY

March 1, 2010

Education is a 'civil right'

Groups planning class-action lawsuit against KDE


By Samantha Swindler / Managing Editor

Knox County parents are joining forces with a Louisville-based organization and planning a federal lawsuit to force school choice legislation forward in Frankfort.

During a rally Saturday organized by Parents for Public School Choice and the Bluegrass Institute for Public Policy Solutions, parents fighting Knox County’s decision to end a reciprocal agreement with Corbin Independent Schools met with the leaders of the Louisville-based Kentucky Education Restoration Alliance (an intentional alternative use of the acronym “KERA”). Both groups talked about filing a class-action lawsuit against the Kentucky Department of Education and the General Assembly for failing to provide “efficient” and “appropriate” public education in their communities.

Though the communities seem distinctly different — one rural and predominately white; the other urban and predominately black — speakers said they shared the problems of poverty and failing schools.

Jerry Stephenson, president of KERA and pastor of Midwest Church of Christ in Louisville, told those gathered at Corbin’s Grace on the Hill Church Saturday, “education is your civil right.”

“Civil rights aren’t just for black folks,” he added.

He said that while the Kentucky Education Reform Act was supposed to close the education gap between low income and privileged communities, “it has gotten worse and worse and worse.”

“And the sad commentary is that the Department of Education in this state has done nothing about it,” he said. “They have neglected to take schools over, they have failed to pass laws that demand school districts to improve, and as a result they have neglected their responsibility. The state has a responsibility to assure the constitutional rights of a good, solid, free public education. And the state has not done so.”

He cited one middle school in Jefferson County that has failed federal testing standards for nine straight years.

The KERA organization headed by Stephenson is planning a lawsuit to push forward legislation giving parents the option to send their children to another public school district if the one they currently reside in is failing No Child Left Behind standards.

“The department of education has done absolutely nothing, and the General Assembly has done absolutely nothing, to hold these school corporations like Knox County and Jefferson County accountable... The only hope we see is filing a class-action lawsuit against the state, because they are the ones who are responsible for what’s going on in our community,” he said.

Stephenson said this was an issue affecting both “black folks and white folks.”

“I’m here to tell you that we’re in this boat that is sinking together, and it’s time for us to work together all over this state,” Stephenson said. “Because listen, your children aren’t the only ones in danger. It’s happening all over.”

Corbin Independent is currently fighting the Knox County school board’s January decision to cancel the reciprocal agreement it had with Corbin schools, which allowed Corbin students to attend Knox County schools and Knox County students to attend Corbin schools with no tuition charges. A total of 406 students who live in Knox County attend Corbin schools — according to Knox County, only 18 Corbin residents are attending Knox schools.

Academic differences are the oft-cited reason for the student migration — while Corbin schools constantly place at the top of test rankings across the state, Knox schools have been at the bottom.

Corbin claims Knox’s decision will harm its district’s academic performance, because without a reciprocal agreement in place, the district cannot claim the per-student state SEEK (Support Education Excellence in Kentucky) funding for out-of-district Knox students attending Corbin.

The funding loss — about $4,100 a student for up to 406 students — could result in the loss of 19.5 Corbin teachers, according to the district’s appeal, filed to Kentucky Education Commissioner Terry Holliday in February.

Jim Lacefield, a Knox County parent who plans to run for school board and helped organize Saturday’s event, said Holliday is expected to render his decision on or before Wednesday.

“We are waiting on Commissioner Holliday’s decision,” Lacefield said. “If he rules in favor of Knox County, he will be party in that federal lawsuit. That’s the only reason why it hasn’t been filed already. That is how we’re going to get our civil rights back. You might as well get ready, stand up, vote for people who are going to represent you and represent your children’s best interest and decide to fight the fight.”

Lacefield said a non-profit corporation would be set up to assist Knox parents in fundraising for legal fees in the potential lawsuit.

“Every other child in Knox County, their civil rights are violated,” Lacefield said. “We are taking away their right to a free and appropriate public education... The General Assembly is required to provide an efficient system of public schools.”

Speakers from Corbin talked about the economic impact of the decision, saying their property values in the Knox school district portion of greater-Corbin have likely dropped by 15 percent or more. They also argued that the Knox board’s decision will negatively impact potential industry from locating in the area, and will hurt Corbin Independent, which stands to lose $1.6 million in annual SEEK funding.

Jim Waters, director of policy and communications for the Bluegrass Institute, said a similar situation happened in Breathitt County, when the county school system ended a reciprocal agreement with Jackson Independent, a district that ranked higher in academic indicators.

The loss of SEEK funding for those out-of-district students has financially hurt the city district, he said.

“The leaders of the Jackson Independent Schools have said that if they cannot get their situation resolved to where they can get the SEEK funding to follow students who come to their district rather than the significantly less amount that parents are able to pay in tuition, in two years they will be forced to close their doors,” Waters said.

Samantha Swindler can be reached at sswindler@thetimestribune.com