By Wendy Gragg

Tribune-Herald staff writer

The temporary fate of G.L. Wiley Middle School rests in the hands of Judge Jim Meyer of the 170th District Court this morning.

Meyer is expected to rule on a temporary injunction concerning the closure of the East Waco middle school. If the judge grants the injunction, Wiley, which opened Monday under a temporary restraining order, will remain open through the duration of a formal lawsuit. If the judge denies the injunction, the Waco Independent School District may close the school, per the school board’s previous vote for closure.

Robert Notzon, attorney for the plaintiffs, said if the injunction is denied, the plaintiffs will still pursue the lawsuit.

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Slide show: First day of school at G.L. Wiley

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Slide show: G.L. Wiley hearing Thursday, Aug. 21

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Slide show: East Waco speaks out at Aug. 7 school board meeting
Video: Watch what the community had to say

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The plaintiffs — two Wiley families and a group of Wiley supporters calling themselves Fighting to Save the Children — are seeking Wiley’s reopening, based on claims of racial discrimination surrounding the operation and closure of Wiley, claims of violations of the Texas Open Meetings Act and the Texas Education Code, and claims of “imminent harm” and “irreparable injury” to students by the school’s closure.

Notzon said his team’s strongest argument was that Waco ISD violated the Texas Open Meetings Act by how they held a meeting on the school’s future.

“They pretty much admitted to it,” Notzon said.

He said he, with attorneys Gary Bledsoe and Donald McCarthy, were able to show that irreparable harm had been done to Wiley students through the closure of their middle school.

Plaintiffs’ attorneys spent the first two days calling Wiley parents to testify to how the closure has effected their families. Various other witnesses spoke about the impact losing a school will have on the community, as well as how Wiley teachers and special education students may have been affected.

The plaintiffs’ attorneys also questioned witnesses about whether they thought race was a factor in Wiley’s closure.

“Who’s going to admit to it? The simple fact is that’s what happened,” Notzon said.

Waco ISD trustees who took the witness stand denied racism played a part in their vote to close Wiley. But Notzon said racial discrimination was clear when the board closed Wiley earlier this month but did not close Meadowbrook Elementary School last year as part of a larger plan to restructure grades and consolidate schools.

Wednesday and late Thursday, Meyer expressed concern about the pace of the hearing.

In an attempt to speed the hearing, the defense agreed to abbreviate their case, cutting five witnesses from its roster. Also, the attorneys for both sides cut their questioning of the last witness of the day to 20 minutes each. Pete Rusek, attorney for the defense, said he believed the defense was still able to make its case.

“My view is that it’s very important this issue be resolved for the children,” Rusek said. “We got a lot of good evidence from the witnesses we called.”

David Schleicher, school board president and witness for the defense, teared up while on the stand midday Thursday. He and board member Pat Atkins were asked to trace back the origins of the idea to close Wiley, which has apparently been a topic of occasional conversation between board members for at least the last couple of years. In March 2007, then-education commissioner Shirley Neeley told the district to draw up contingency plans for Wiley’s closure, based on its low state test scores at the time.

Schleicher and Atkins also were grilled by the plaintiffs’ attorneys about the board’s practice in committee meetings.

Defense attorneys also called Brazos Middle School Principal Henri Lewis and Cesar Chavez Middle School Principal Alfredo Loredo to the stand to elaborate on the efforts they made to welcome Wiley staff and students into their fold.

Defense attorney Phillip McCleery said he felt fine about the defense he and Rusek presented, though.

“I think the board has not violated any laws and (the closure is) a decision that should be left up to the board,” he said.

McCleery and Rusek did not make further comment about the hearing, saying the decision rested with Meyer.

wgragg@wacotrib.com

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