Subscribe to Waco Trib XML RSS Feed E-Newsletter WacoTrib on your PDA
Register Now.  It's Free!  |  Log In
Classifieds
Wacotrib Cars
Real Estate
Employment
Merchandise
NATION
Waco crime | Photo / video | Neighbor | State | Nation | World | Weather | Archives
Bookmark and Share E-mail this page Print this page Most E-mailed/Most printed small medium large Type size

Racial discrimination lawsuit and injunction filed to stop Wiley's closure


Thursday, August 21, 2008

By Wendy Gragg and Tommy Witherspoon

Tribune-Herald staff writers

A group of East Waco community leaders known as Fighting to Save the Children has filed a racial discrimination lawsuit against Waco Independent School District and will ask a judge today to reverse an order closing G.L. Wiley Middle School.

The group and two parents of displaced Wiley students filed the lawsuit Wednesday in Waco’s 170th State District Court. They also are seeking a temporary restraining order to keep the school open.

POLL: VOTE HERE
Do you support the Waco ISD board's decision to close G.L. Wiley Middle School?
  Yes, it should be closed
  No, it deserves to stay open


Voter Limit: Once per Hour
View Poll Results

G.L. Wiley coverage
04-29-09  Waco ISD students displaced by construction project to move into old Wiley Middle School 
10-18-08  Waco ISD officials pledge G.L. Wiley, Doris Miller school campuses won't go empty 
09-03-08  G.L. Wiley group ends lawsuit 
08-30-08  Judge backs Waco school board's controversial closure of Wiley Middle School 
08-29-08  Judge to rule on Wiley injunction this morning 
08-28-08  Talk of racial discrimination again surfaces in G.L. Wiley hearings 
08-27-08  Waco ISD trustee, G.L. Wiley principal among witnesses in court hearing on injunction to keep school open 
08-26-08  Wiley reopens as Waco ISD trustees vote again to close its doors 
08-23-08  Waco ISD administrators to helm Wiley classes on Monday 
08-22-08  Judge approves restraining order reopening Wiley for first day of class Monday 
08-21-08  Racial discrimination lawsuit and injunction filed to stop Wiley's closure 
08-18-08  Waco ISD officials trying to ease Wiley students' move to their new schools 
08-12-08  Group taps attorneys to consider challenges to Wiley's closure 
08-11-08  East Waco leaders announce effort to hire legal help over Wiley's closing 
08-10-08  Interview: Waco ISD school board chief looks past G.L. Wiley furor 
08-09-08  WISD seeks healing while East Waco leaders mull future amid frustration over Wiley closing 
08-09-08  Mayor voices optimism for East Waco, Wiley students 
08-09-08  What next: Advice for Wiley Middle School parents on the start of classes 
08-08-08  Waco ISD school board votes to close G.L. Wiley Middle School 
08-02-08  Education leaders question value, impact of Texas' school-rating system 
08-01-08  Waco ISD state ratings offer mixed bag of successes, frustration 
07-25-08  WISD unveils options for G.L. Wiley's future 
07-24-08  Meeting tonight to discuss G.L. Wiley's future has been cancelled 
07-22-08  WISD board meeting Thursday on options for G.L. Wiley's future, including potential closure 
06-13-08  Despite continued low rating, G.L. Wiley gets another chance 
05-31-08  Waco ISD officials see improvement in TAKS scores 
04-14-08  TAKS scores could decide whether G.L. Wiley Middle School remains open 

Opinion
08-30-08  Editorial: Beyond G.L. Wiley's court ruling 
08-23-08  Editorial: G.L. Wiley turmoil 
08-17-08  Letters: G.L. Wiley closing 
08-17-08  Jean Laster, guest column: Waco ISD selective about whom it invites to table 
08-13-08  Editorial: Future for Wiley? 
08-09-08  Editorial: G.L. Wiley closure mishandled 
08-07-08  Editorial: Rush job on G.L Wiley 
08-06-08  Editorial: Accountability system failing Texas 
08-06-08  Nikka Davis, guest column: Waco, don't fail us now 
08-03-08  Pat Atkins, guest column: Walls vs. equal opportunities in WISD 
07-23-08  Editorial: Future of Wiley 
06-15-08  Editorial: Effort at GL Wiley 

Judge Jim Meyer has set a hearing for 1:30 p.m. today to consider the request for the temporary restraining order.

Waco attorney Phil McCleery, who represents the school district, accepted service of the lawsuit in Meyer’s courtroom Wednesday afternoon and declined comment as he left the courthouse.

The lawsuit, filed by Austin attorney Robert Notzon, claims the plaintiffs and the East Waco community will suffer deep and pervasive harm because of the district’s action.

It continues that Wiley’s closure will cause “emotional and psychological harm for these young students who only get one shot at being in sixth, seventh and eighth grades that no monetary or other remedy can return them to a pre-harm position other than the granting of this TRO and injunction to keep Wiley open.”

After the lawsuit was filed, Notzon met with McLennan County Commissioner Lester Gibson, Justice of the Peace Jean Laster, the Rev. Nika Davis and a handful of other community leaders in the McLennan County commissioners’ office conference room.

WISD trustees voted 4-3 Aug. 7 to close the school, citing low enrollment. Wiley received its fifth “unacceptable” rating from state education officials this year despite recent improvements in student test scores.

Accompanying the lawsuit petition were affidavits from Wiley students, their parents and others expressing disappointment over the school’s closure and asking that the decision be reversed.

Among the pleadings in the 30-page petition to keep the school open are recitations of editorials from the Tribune-Herald.

The lawsuit, which comes five days before the start of school, alleges the board’s decision amounts to racial discrimination, saying the student population is 76 percent African-American and 98 percent “at-risk” students.

The suit also alleges violations of the Texas Open Meetings Act and charges that the board breached its fiduciary duty to its Wiley constituency.

twitherspoon@wacotrib.com

757-5737

Comments

By I GIVE UP

Aug 22, 2008 11:06 PM | Link to this

WHAT'S THE POINT.LET THE KIDS STAY WHERE THEY'RE COMFORTABLE.THE GIRLS ARE GOING TO END UP PREGNANT AND ON WELFARE,WITH FOOD STAMPS AND FREE HOUSING AND FREE MEDICAL.WHY GET AN EDUCATION?THE BOYS WILL BE ON THE STREETS SELLING DRUGS TO SUPPORT THEIR HABITS NOT THEIR BABIES. LEAVE THEM ALONE.LET THEM STAY WHERE THEY FEEL MORE AT HOME.

By orbital

Aug 22, 2008 3:34 PM | Link to this

Carole Keeton Rylander, Texas State Comptroller of Public Accounts, in a news release dated February 22, 2002, said she wanted to create a permanent safety net for all the school children of Texas in the future, and added that she will not see the children in McLennan County classrooms harmed by the action or inaction of their local appraisal district.

Vowing to protect the education of the school children of McLennan County, Rylander announced a plan that would allow the schools to write their budgets based on local property tax yearly values. McLennan County was identified as the most vivid--the most severe--challenge to the flawed Legislatively created system.

While I dislike the high Waco property tax, more than most, I am reminded that our initial neglect to local education is a major cause for our current plight. The harm to education caused by low property appraisal was equally applicable to all schools in the district, but was particularly significant to those schools with predominant at-risk students.

In attempting to treat G.L. Wiley closure as only a bottom-line issue, the WISD school board has collectively shown the moral turpitude of a fifty-pound rock.

The resentment expressed by many over NCAAP involvement will pale in comparison to the attention that will come when the rest of Texas learns that the very city and county, most responsible for property tax rise across the state, is now bailing out on the Wiley situation for cost reasons.

No doubt, there are many hard economic issues that WISD must deal with in the coming year, including school closures. It may be that in a year Wiley must still be closed. The state of Texas, in recognition of improvement, gave Wiley one more year. How can we, as a city, attempt to even contemplate doing less than state, no matter the cost? If Wiley is to fail, at least let us go down with some dignity and our boots on.

By EX - WISD EMPLOYEE

Aug 22, 2008 1:58 AM | Link to this

IT'S REALLY SAD TO READ JASON ATTAS COMMENTS ON LESTER GIBSON!!! OMG YOU MUST HAVE LIVED IN TEXAS ALL YOUR LIFE... YOU SPEAK LIKE A TRUE DOWN SOUTH RAISED INDIVIDUAL. THANKING GOD I WAS BORN TWO BI-RACIAL PARENTS WHO GROW UP IN TEXAS. EDUCATED BY 2 WHITE GRANDPARENTS AND 2 BLACK GRANDPARENTS. MOST OF ALL I AM BLESSED THAT MY PARENTS TRAVELED THE WORLD OVER WHILE RAISING MY SIBLINGS AND MYSELF. TRUTH BE TOLD BY ANY NATIONALITY THAT HAS COME TO WACO OR TEXAS. THE SOUTH IN A WHOLE IS STILL LIVING IN SLAVERY. WITH SLAVERY THERE WILL ALWAYS BE RACIAL DISCRIMINATION.LETS JUST LEAVE THE RACIAL ISSUE ALONE. LETS THINK ABOUT HOW WE ARE HURTING OUR FUTURE'S WHEN WE BECOME ELDERLY BY ALL OF THE MADNESS WE CREATE FIGHTING ABOUT SIMPLE MINDED ISSUE'S. COME ON LOOK AT THE REAL PICTURE WE ADULTS ARE THE REASON WE HAVE ISSUE WITH OUR BABIES HAVING A POSITIVE LIFE AHEAD OF THEM. THESE PRECIOUS BABIES ARE FROM GOD AND WE ARE ENTRUSTED TO RAISE AND GUIDE THEM IN THE RIGHT WAY. PERSONAL DIFFERENCE'S NEED TO BE HANDLED IN A BETTER WAY. IF WE HAVE TO EDUCATE OUR CHILDREN IN A FIELD SO BE IT JUST EDUCATE THE CHILDREN AS CHILDREN. LETS STOP TREATING THE CHILDREN AS ADULTS WHEN THEY GO TO SCHOOL. WHAT HAPPEN TO THE TEACHERS THAT COULD HANDLE THEIR STUDENTS WITH A SECURITY GUARD OR POLICE AROUND. LEAVE WILEY OPEN SO THESE BABIES CAN LEARN AND PARENTS CAN BE INVOLVED IN THE EDUCATION OF THE CHILDREN. MOVING THESE BABIES IS NOT GOING TO MAKE ANYTHING BETTER. FOR ONE HALF OF WISD TEACHERS ARE NONE CERTIFIED SO YOU GET WHAT YOU PAY FOR AND BEING AN EX-STUDENT AND EMPLOYEE OF WISD I CAN TELL YOU WE GET WHAT THEY PAY FOR. HOW CAN YOU TEACH A CHILD WHEN YOU DON'T KNOW. WITH SIMPLE MINDED PEOPLE AND THOSE HAVING A LACK OF KNOWLEDGE(STUPID) INDIVIDUALS LEADING HOW CAN WE RISE ABOVE??? I PRAY FOR YOU THAT HAVE SINGLED OUT LESTER GIBSON HE IS NOT IN THIS BY HIS SELF SO IT MAKES YOU LOOK AND SOUND LIKE A FOOLISH INDIVIDUAL. TRY GETTING OUT OF WACO TO FIND OUT WHAT LIFE IS ABOUT!!! YOU NEED JESUS IN MORE WAYS THAN ONE. THE FOCUS IS KEEPING A SCHOOL OPEN AND WHATEVER HAS TO BE DONE TO KEEP IT OPEN SHOULD BE THE ONLY FOCUS. SAVE WILEY!!!

By equality across the board

Aug 21, 2008 11:26 PM | Link to this

Has anyone viewed the test results of all of the schools in Waco ISD? Specifically middle schools? From what I've heard and seen, they're not much better than Wiley's scores. Therefore, maybe the board should consider SHUTTING DOWN THEIR WHOLE DISTRICT!

By BoogerHook

Aug 21, 2008 11:24 PM | Link to this

Yes!
Come vote for Obama.
Then the whole nation can be like East Waco!
Hooray!
That's what I want!

By Obama Democrat

Aug 21, 2008 8:00 PM | Link to this

Barack Obama rally -- Monday nights 6:30 p.m. -- 34th and Bosque -- Democratic Headquarters. YOU are needed. Yes We Can!

By dee

Aug 21, 2008 5:40 PM | Link to this

One of the 3%. I am AMERICAN because I was born in this Country. If am also African because I'm of African descent. I also have specks of white blood, because my forefathers didn't know how to keep their "you know what's" put up. Also, my Causcian ancestry doesn't go back as far as you might think. You are living proof why racism still exists. To refer to someone that is not Anglo-Saxon as animals is very racist! For people to continue to say that African Americans are playing the race card regarding the closure of this school, then turn around and post racial comments, says that racism is still practiced.

By Rodney King

Aug 21, 2008 3:32 PM | Link to this

Can't we all just get along?

By Jason Attas

Aug 21, 2008 2:22 PM | Link to this

This is absurd. Lester Gibson is an idiot. He has been crying racial foul for decades. He's a one-trick pony that has nothing better to do with his life than deepen the racial divide in this town by always framing every issue as one of black and white, us against them.

It's not about race, you moron!

How can closing an "unacceptable" school to send those students somewhere where they actually have a chance at a better education be considered racist?!?!

Lester, have you been smoking some of your son's crack?

Wise up, East Waco. Lester is not doing you any favors.

By steve

Aug 21, 2008 2:06 PM | Link to this

I find it odd in so many ways that here we are arguing the black card again because of school board closing a school that cant meet achievements in five yrs. It's not that the black card is being played now but, its amazing it took five yrs and a closing to find that card.It's time to stop and do whats right for our future leaders of our city. Wake up!!!!! ps its the same old dance with Lester Gibson he cant even treat the tax payers in the county evenly.On my road black gets the services.Maybe he will run for school board so we can have a comm.pct.2 again!

[1 2 3 4] next

Commenting is open from 8 a.m. to 5 p.m. M-F, except on Tuesday when it's open until 9 p.m.

Post a comment



Remember me?

You may use the following formatting:
Bold: **this text will be bolded** = this text will be bolded
Italic: *this text will be italic* = this text will be italic
Link: [text to be linked](http://www.wacotrib.com) = text to be linked



There will be a delay of up to 5 minutes before your comment appears.


*HTML not allowed in comments. Your e-mail address is required.

 
Waco Tribune-Herald Top Cars
Ford Ranger 2006. 4.0L, 6 CYL., Automatic, FI, Redfire Clearcoat Metallic. ......(more)
Intermittent Wipers|Power Steering|Dual Zone A/C|Adjustable Steering Wheel|......(more)
Locking Rear Differential|Rear Wheel Drive|Traction Control|Electronic Stab......(more)
Cadillac CTS, 2006, 2.8L V6 24V MPFI DOHC, Midsize Car...(more)
Front Reading Lamps|Power Passenger Mirror|Rear Reading Lamps|Intermittent ......(more)
Rear Wheel Drive|Trailer Hitch Receiver|Locking Rear Differential|Front Tow......(more)
Passenger Air Bag|AM/FM Stereo|Passenger Vanity Mirror|Front Disc/Rear Drum......(more)
Chevrolet C2500, 1997, 5.7L V8 16V MPFI OHV, Standard Pickup Truck...(more)
Four Wheel Drive|Tires - Front All-Terrain|Tires - Rear All-Terrain|Compact......(more)
Traction Control|Electronic Stability Control|Rear Wheel Drive|Tires - Fron......(more)
-View All Top Cars-
-Place an Ad-
 

Wacotrib News | Wacotrib Weather | Sports | Living | Business News | Wacotrib Schools | Opinions | Baylor Football
Wacotrib Cars | Wacotrib Real Estate | Wacotrib Jobs | Classifieds | Sitemap

Copyright 2009 Waco Tribune-Herald. All rights reserved. - The Waco Tribune-Herald

By using this service, you accept the terms of our visitor agreement.  About our ads 
Registered site users, you may edit your profile.
Having trouble? Visit our help & FAQ.