US Appeal Filed in Alabama School District Secession Case

00:02  09 august  2017
00:02  09 august  2017 Source:   U.S. News & World Report - Health

NAACP Tries to Block White Alabama Town's School District Secession

  NAACP Tries to Block White Alabama Town's School District Secession The NAACP argues that the planned move by Gardendale, Alabama, to form its own school district is designed to exclude black children.The NAACP has a message for a mostly white Alabama town that got the green light from a federal judge to split from a racially-mixed county school district and start its own system — not so fast.

[RELATED: White, Wealthy Communities Want Their Own Schools ]. The 67-page appeal , filed Monday to the 11th Circuit, argues that the The issue of secession garnered national attention in April, when Judge Madeline Haikala of the U.S. District Court for the Northern District of Alabama in

School Desegregation Case Allowing Mostly White Town to Leave Largely Black District . Black plaintiffs in Gardendale, Alabama , are likely to appeal a United States District Court ruling last In her opinion, Haikala noted that the secession is motivated by race and has sent messages of racial

Gardendale High School bio tech teacher Justin Ingram readies his classroom before school begins next week in Gardendale, AL on August 4, 2016.: Gardendale High School bio tech teacher Justin Ingram readies his classroom on Aug. 4, 2016.© (Linda Davidson/The Washington Post/Getty Images) Gardendale High School bio tech teacher Justin Ingram readies his classroom on Aug. 4, 2016.

The NAACP Legal Defense and Educational Fund is appealing a district court’s decision allowing the predominantly white, middle-class city of Gardendale, located just outside Birmingham, Alabama, to secede from majority non-white Jefferson County School District.

“The District Court agreed that Gardendale’s bid to form its own school district was designed to exclude black schoolchildren,” Chris Kemmitt, senior counsel for the legal defense fund, said in a statement. “In filing this appeal, we are simply asking the Circuit Court to follow that finding to its logical conclusion and prohibit Gardendale from creating a separate, segregated school district at the expense of the broader community.”

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Lawyers for black Alabama schoolchildren are appealing a federal judge’s decision to allow a predominantly white city near Birmingham to secede from its predominantly black school district , arguing that to allow such a separation would run counter to long-standing case law and undermine

Appeal Filed in Alabama School District Secession Case . The NAACP Legal Defense and Educational Fund is appealing the decision to allow predominantly white Gardendale to leave the school district .

The 67-page appeal, filed Monday to the 11th Circuit, argues that the decision should be overturned because the secession would impede desegregation efforts in the country, which is under a longstanding desegregation order, and because the secession was motivated by an intent to discriminate based on race.

The issue of secession garnered national attention in April, when Judge Madeline Haikala of the U.S. District Court for the Northern District of Alabama in Birmingham, ruled in favor of Gardendale. The ruling, which acknowledged that "race was a motivating factor" behind the effort, would allow Gardendale to begin operating two elementary schools on its own as soon as the 2017-2018 school year.

If the secession goes forward, it would be the eighth such move by wealthier and whiter municipalities in the state and the 47th in the country since 2000, according to a report from EdBuild, a nonprofit that focuses on education funding and inequality.

“If we win, I think it probably makes it harder for subsequent towns to secede,” Kemmit tells U.S. News. “It would not affect towns that have already been allowed to do so.”

The court could hear oral arguments as early as next spring.

Copyright 2017 U.S. News & World Report

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