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Judge approves restraining order reopening Wiley for first day of class Monday


Friday, August 22, 2008

By Wendy Gragg

Tribune-Herald staff writer

Christina Escamilla and her three middle-school children were happy to hear Thursday that the recently closed G.L. Wiley Middle School will be reopened Monday. They just aren’t sure they’ll all be going back.

“It’s great, but is it really too late?” Escamilla said about the temporary overturning of Wiley’s closure by Judge Jim Meyer of the 170th District Court. “It’s hectic. We have the uniforms for the new school, and my kids already have their schedules.”

FREQUENTLY ASKED QUESTIONS

My child was planning to attend Wiley prior to board action on Aug. 7. Can he/she return to the school?
Yes. G.L. Wiley Middle School will open on Monday.

Will all of the teachers previously assigned to Wiley prior to WISD board action on Aug. 7 return to the school?
Not necessarily. The number of teachers returning will be determined by the number of students who choose to return to the campus.

Who will be the principal?
Kermit Ward will return as principal at Wiley.

With the court’s ruling coming just four days before school starts, what will the first day be like at G.L. Wiley?
Upon arriving at school, students will report to the auditorium, where staff will be available to develop their class schedules.

Will the school be open for the entire school year?
That depends on the outcome of the court action and any action that might be taken by the Waco ISD board.

If Wiley does not remain open for the entire 2008-09 school year, where will my child attend school?
Children would return to the campuses to which they were assigned prior to the temporary restraining order.

My child was looking forward to attending another Waco ISD middle school. May he/she stay there?
Yes.

Will there be enough teachers, desks, computers, books, equipment and support staff at Wiley to start school?
Yes.

What extracurricular activities will be offered?
Extracurricular activities will be offered based on student interest.

Will transportation be provided to children attending Wiley?
Transportation will be provided for students who live two or more miles from their school or would be subject to hazardous traffic conditions if they walked to school.

Will transportation be provided to children who choose to attend the middle school to which they were assigned?
Transportation will be provided for students who live two or more miles from their school or would be subject to hazardous traffic conditions if they walked to school.

If I requested and my child was granted a transfer to a middle school other than the assigned campus, will he/she be provided transportation?
Student transportation is not provided if a parent-requested transfer is granted.

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 

Meyer on Thursday afternoon granted the temporary restraining order that will allow Wiley to open for school Monday.

At most, the restraining order could last for 14 days. However, next week Meyer will consider an injunction to keep the school open until a lawsuit filed against the district is settled.

Waco Independent School District 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.

Meyer said he granted the restraining order based on violations of the Texas Open Meetings Act by the WISD school board.

Austin attorney Robert Notzon, arguing for two parents of Wiley students and a group of East Waco community leaders known as Fighting to Save the Children, alleged in a lawsuit that the school board was not specific enough in its notices of the July 24 and Aug. 7 meetings considering Wiley’s future, which the school district publicized as being about the “status of Wiley.”

Notzon also alleged that Wiley’s closure was discussed at a school board committee meeting on July 15, but that the issue was not posted on the agenda for that meeting, which is a violation. The plaintiffs also allege racial discrimination by the school board.

The judge heard arguments from Waco ISD attorneys Phil McCleery and Pete Rusekagainst those allegations and against the feasibility of reopening the campus by the first day of school. McCleery said the remedy being sought was draconian.

“To move all the staff, move the students and move the equipment would not only be almost impossible, but it would impact six other middle schools,” McCleery said. “It’s simply not possible to do that as quickly as this order asks us to.”

Meyer, after granting the temporary restraining order, set a hearing on the temporary injunction for 9 a.m. Tuesday. At that hearing, the judge will rule Wiley either be closed or remain open until the lawsuit pending against the school district is resolved.

The standing-room-only crowd erupted in applause at the conclusion of the hearing Thursday. East Waco community members lingered, offering hugs and congratulations. Waco ISD administrators rushed out of the courthouse and into meetings that lasted through the afternoon.

The WISD board could not by law discuss the hearing during its Thursday night meeting, because it was not on the agenda. However, at the meeting’s end, board president David Schleicher called for a meeting at 6 p.m. Monday at the Waco ISD conference center to discuss the school’s status.

Thursday’s order to open Wiley didn’t necessarily simplify things for Escamilla and her children. She had been granted a transfer request to send her children to University Middle School in South Waco. She had already resigned herself to getting them new uniforms and leaving the house shortly after 6 a.m. every day to take them to school. She said she was also pleased with the opportunities her kids were going to have at University, including classes available to them and programs such as band.

And her sixth-grade daughter, Lucia Escamilla, had gotten excited about her new campus.

“I may still be driving to University Middle School,” Christina Escamilla said. Waco ISD officials say that’s fine if students want to stay at the schools to which they had been reassigned or transferred.

Escamilla said her two eighth-graders want to go back to Wiley but are concerned that their friends might choose to stay at their new schools.

McLennan County Commissioner Lester Gibson said he felt confident that the majority of Wiley-zoned students will return to Wiley on Monday.

“Our community is cohesive, the word will pass fast (that Wiley is open),” he said.

Gibson said East Waco leaders and community members would be working over the weekend, just like the school district staff, to let parents know Wiley is open.

“We’re going to partnership with them. They’ll do what they do best and we’ll do what we do best,” Gibson said.

Dale Caffey, spokesman for Waco ISD, used the word “chaos” to describe the first day of school for those involved middle schools and said it would be nearly impossible to predict enrollment or attendance at the schools on Monday.

He said the logistics of reopening a closed school in four days seemed daunting.

“It’s going to be tough. A lot of work has gone on by all sorts of staff since the board made its decision Aug. 7,” Caffey said.

Alfredo Loredo, principal of Cesar Chavez Middle School, and some of his staff had gone door to door at Estella Maxey public housing development, welcoming Wiley students who had been zoned to attend Cesar Chavez after Wiley’s closure.

All teachers, administrators and staff from Wiley had been placed at other schools. Some schools, including Cesar Chavez, reorganized their teacher teams and schedules to fold Wiley students and teachers into the mix. Desks, computers and other items had already been moved out of Wiley and into the middle schools gaining Wiley’s students.

Kermit Ward, former principal of Wiley, had been reassigned to Waco High School after the closure. He was renamed Wiley principal late Thursday afternoon. Like Gibson, he put a positive spin on the quick turnaround to reopen the school.

“It’s not going to be impossible,” Ward said. “This is a small community; word of mouth travels fast.”

After 15 years with Waco ISD, he said he had confidence that the district will be able to meet the temporary restraining order.

Ward said there is a master schedule already in place, which had been drawn up before the school was closed.

“The administration, staff and teachers did a good job planning for the first day of school. We were ready to go in June,” he said.

wgragg@wacotrib.com

757-6901

Comments

By Ex Employee of WISD

Aug 27, 2008 3:36 AM | Link to this

HELLO AGAIN !!! WHAT PART OF "THERE ARE OVER MORE THAN 50% OF WISD TEACHERS THAT ARE NOT QUALIFIED TO TEACH". THERE ARE MUCH TO MANY THAT ARE NONE CERTIFIED TEACHERS WITHIN WISD. THOSE OF YOU THAT SEEM TO BE SO CONCERN WITH THE RACE CARD. TAKE THAT ENERGY AND GO TO COLLEGE TO BECOME A TEACHER SO YOU CAN SEE HOW HARD IT IS TO TEACH CHILDREN THAT COME FROM HOMES THAT THERE ARE NO PARENTS THAT CONCERN THEMSELVES WITH RAISING CHILDREN NOT TO MENTION TEACH THE CHILDREN AT HOME BEFORE THEY GO TO SCHOOL. WACO IS A JOKE FOR REAL IN EVERY WALK OF LIFE OR RACE. I READ THESE COMMENTS AND SEE EXACTLY WHERE THE PROBLEM IS. TAKE THE TIME TO INVEST IN YOUR CHILDREN,GRAND CHILDREN,NIECE,NEPHEW, COUSIN AND NEIGHBORHOOD CHILDREN TO LEARN WHAT THEY DON'T KNOW AND NEED TO KNOW STARTING BEFORE BIRTH. HOW MANY OF THOSE COMMENTING UNDERSTAND AN UNBORN CHILD LEARNS IN THE WOMB AS WELL AS OUT OF THE WOMB. GOOD LORD I SEE 3 & 4 YEAR OLDS WALKING AROUND WITH NUKS IN THEIR MOUTH AND WE WOUNDER WHY SO MANY PEOPLE RUN TO DRUGS AT AN EARLY AGE. WELL IF YOU ALLOW A CHILD TO DEPEND ON SOMETHING TO SOOTH THEM WHAT KIND OF GROWN UPS ARE WE DEVELOPING. I WOULD LIKE TO SEE MORE PUT INTO COMING TOGETHER AS GOD WANTS IT THAN TO BE LIVING IN HATE OF SKIN COLOR AND SIDE OF TOWN WE ARE RAISED IN. STOP WASTING TIME WITH THE BS AND LETS TEACH OUR CHILDREN SOMETHING POSITIVE AND GODLY. JESUS HEARS AND SEE US ALL LETS CHECK OUR HEARTS AND PRAY WE DON'T LOOSE OUR MINDS BEFORE THE JUDGE WE STAND BEFORE CUTS US OFF FROM LIFE IT SELF.

By One of the 3%

Aug 23, 2008 9:54 AM | Link to this


Dee quote: "so technically he doesn't have pledge allegiance."

Really good logic! Really GOOD! You approve of a president, the top leader of this country, who will not pledge loyalty to this country, based solely on the color of his skin. Perhaps part of that is because you think he's "cute" too? (In case you don't know, in his book, Obama states that if it's a matter of making a choice, he will choose Islam.)

No Dee, sigh, I'm not one of your brothers. Else I would be wearing my pants so that the crotch is hanging between my knees and speaking ebonics. Take a good look at your BROTHERS, listen to the way they talk, and be very PROUD!

And by the way, a time is coming when you, along with many others, will find out who the 3% is!



By bobbybowie

Aug 22, 2008 11:58 PM | Link to this

Man - the majority of people in here are stupid - yes, stupid. You cut up east waco and wiley - and all you do is throw around racial slurs. And you're missing the point here. Those of us (maybe 3 people) who posted today - who actually know and are educated in law know the judge had to rule this way. Waco ISD broke the law - and honestly, they didn't have to - they just tried to save their butts and they got caught. Each board member who attended the closed doors meeting should be kicked off the board. Not for closing Wiley (I dont have a feeling either way) but for not following the laws.

Whether you agree or not with the school to stay open or close...that isn't the issue in the ciurt's ruling. WISD officials (supt, asst supt, certain members of the board) tried to do this behind closed doors...and people, that's against the law. And that's the bottom line. I have no feeling one way or another to be honest - but I am glad WISD got caught trying to be sneaky and ambush this at the last minute...when indeed it had been in the works (behind closed doors). I am glad that the WISD administrators and board have yoke on their hands from this one. But it also raises a few other questions - what else has WISD done behind closed doors w/out following the law.

I am sure some idiot (sorry - less intelligent individual) will stray from the conversation. The only reason the court made this ruling is b/c they didn't follow proper school board laws - and that's WISD fault (includes the so-called self-proclaimed supt, asst supt, lawyers, accountants, doctors - all of whom serve on the board)...not so smart on this one and you got busted!!!

And don't do the spell check on me - I dont care. I know how to spell - it's just bad typing skills ; -)

By dee

Aug 22, 2008 9:18 PM | Link to this

Well, 3%, maybe he won't do what my people and some caucasians, and some hispanics, etc expect him to do. But that's the chance we'll have to take, just like we did when our current was elected and reelected. Now we have this never-ending war. Anyway, I figured the mention of Obama would strike a nerve, as I intended it to. So I guess I'm not dumb after all. According to you he's not American because he's black, so technically he doesn't have pledge allegiance. Well, since we are all part of the same family; me, you, and Obama let's end on a good note. Bye my-certain-somewhere-down-the-line-there's-a-touch-of-AFRICAN-in-you brother. Black Pride!

By One of the 3%

Aug 22, 2008 6:55 PM | Link to this

Yes dee! You BET! Go Obama!

Vote for one who refuses to pledge allegiance to our flag, just because he's HALF-African!

He's a rich MUSLIM! He won't do s--- for you as president. All he wants is your vote!

Just shows how DUMB you and your people are!

By Can we all get along?

Aug 22, 2008 5:52 PM | Link to this

People, I just want to say, you know, can we all get along? Can we get along? Can we stop making it, making it horrible for the older people and the kids?...Itıs just not right. Itıs not right. Itıs not, itıs not going to change anything. Weıll, weıll get our justice....Please, we can get along here. We all can get along. I mean, weıre all stuck here for a while. Letıs try to work it out. Letıs try to beat it. Letıs try to beat it. Letıs try to work it out

King was awarded $3.8 million in a civil case and used some of the proceeds to start a hip hop music label, Straight Alta-Pazz Recording Company


King was arrested for spousal assault in 1999. In 2001, he was ordered to undergo a year of drug treatment after pleading guilty to three counts of being under the influence of PCP and one of indecent exposure.

On August 27, 2003, King was arrested again for speeding and running a red light while under the influence of alcohol. He failed to yield to police officers and slammed his SUV into a house, breaking his pelvis.

While going home on November 29, 2007, King was shot in the face, arms, back and torso with birdshot by two thieves attempting to steal his bicycle, but his injuries were characterized as not life threatening.

In October 2008, King will appear on the second season of Celebrity Rehab with Dr. Drew.[

By just me

Aug 22, 2008 5:33 PM | Link to this

If the community and it's so called leaders had come together before now, maybe this school would not be going through this. I bet you less than half of the people that rallied together have ever stepped foot in that school unless they were passing out something for free. Now all of the sudden they care. Give me a break. I agree that the school board should not have waited this close to the beginning of school to shut it down, but regardless it needed to happen.

By dee

Aug 22, 2008 5:27 PM | Link to this

To One of the 3%. Sounds like a fitting name for someone who appears to have 3% of his brain that actually works. For the record, there are plenty of Caucasians, as well as other races, who receive welfare. Not to mention those that come into my office everyday because they like having "special loving" relationships with their biological children. I say this to make a point. Don't cast stones. There is skum in every race. You simply can't judge one person by another person of their same race. That is stereotyping, and racist! But maybe you ARE one of THOSE 3%.By the way, since I was born in America, pay taxes in America, and am eligible to vote, I believe that makes me citizen. Speaking of voting. Go Obama!

By One of the 3%

Aug 22, 2008 3:12 PM | Link to this


In reply to "Truly Concerned":

There is NO African-American, nor Black-American. You're either an "AMERICAN" (translated into a CITIZEN of this country, who pledges loyalty to the flag of this country) or you're not.

You see, THAT IS the racial problem. You want special treatment based on your color or heritage instead of getting OFF YOUR A-- and taking advantage of everything that has ALREADY BEEN offered. (Last count over 85% of YOUR people are living off welfare, which is the same as living off the WORKING Caucasians!)

The Caucasian people don't start screaming "RACE" and "DISCRIMINATION" each time they don't like something, and we, the Caucasian race is fed up with your old, obsolete, song & dance.

ENOUGH SAID!

By Diversity

Aug 22, 2008 2:14 PM | Link to this

So, finally it has come out how "ya'll" truly feel. I'll bet a lot of you attend Church on Sundays. Haven't you had a lesson about love? Did God ever command us to "hate" or discourage one another? Would you have yourselves and your children go to hell just because of the color of skin? Do you not know that we ARE all equal? It does not matter what your stature is; rather you are Black, White, Mexican, Indian, or Chinese; God commands us to LOVE, (I John 3). Furthermore, regardless of whatever excuse any of us may have as to "why" we shouldn't show love, God will still be exalted! Oh, and yes, us "Black folks" always have to include God in whatever we say and do because even though we are a "foolish", "non-productive" race, we have enough sense to include HIM in our lives despite our circumstances.
In addition, why is everyone focusing on the negative; haven't these children shown a great turn around academically? The only subject they were "failing" in was Science, so... how can you call them failures? This "fight" is for a good cause! The situation was unfair and unjust; (with just a few weeks from school), and NO ONE, because race should have to suffer or feel defeated; because of injustice. We ALL need to work together collectively for the benefit of all of us (this includes all of our children). What kind of future do we want them to have together when we are gone from this earth? We need to show them how to love, and work through compassion, integrity and utmost LOVE.

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