http://www.2theadvocate.com/news/47271792.html
Tangipahoa school desegregation hearing set
By DAVID J. MITCHELL
Advocate Florida parishes bureau
Published: Jun 9, 2009 - Page: 4B
NEW ORLEANS — A federal judge has ordered a one-day hearing June 30 to hear arguments and testimony on the Tangipahoa Parish School Board’s nearly $200 million proposal to end a 44-year-old desegregation lawsuit.
Pressing plaintiffs’ attorneys to reach a point where a decision could be made on the proposal, U.S. District Judge Ivan L.R. Lemelle agreed to give both sides time to prepare and depose witnesses for the 9 a.m. hearing.
Lemelle also allowed the plaintiffs to hire desegregation expert Leonard Stevens, of Sarasota, Fla., to review the School Board plan but gave him a short timeframe. Stevens must provide his review of the 268-page revised proposal and the outlines of any alternative by June 20, Lemelle ordered.
The ruling came after two hours of arguments in open court and about 40 minutes with attorneys in chambers — after a 30-minute recess.
School attorneys, who had witnesses ready to testify Monday, had argued for an expedited hearing in pleadings and claimed the plaintiffs’ expert request was a delay tactic.
School officials are trying to get the sales and property taxes backing the plan on the ballot Oct. 17 and need a ruling by July 15. The School Board has until June 25 to respond to Stevens’ review.
In discussions with lead plaintiffs’ attorney Nelson Taylor before the ruling, Lemelle said he had no problem with the desegregation expert but wanted things done now and not later as in the past with the case.
“A lot of things were said, ‘OK, let’s do it later,’” Lemelle told Taylor, who has represented the plaintiffs since the early 1970s and argued Monday he was not ready to present evidence.
“We just want a fair chance,” Taylor responded a bit later.
The School Board proposal calls for $187.4 million in school construction and nearly $12 million annually in operational costs for themed magnet schools that would be a key tool in desegregating schools and improving education quality, school officials have said.
The proposal would require a new 1-cent parishwide sales tax; up to 29.5 mills in new property taxes; and rededication of an existing 1-cent parishwide sales tax renewed in 2007.
In court papers, Taylor has called the School Board’s proposal “a massive building plan” that does not do enough to desegregate.
Lemelle opened discussion of the plan Monday by questioning lead school desegregation attorney Charles Patin Jr. about the proposal’s voluntary nature since courts rejected voluntary desegregation plans in the ’60s.
Lemelle also asked how the School Board arrived at desegregating 17 of 39 schools in the system under the plan, or about 44 percent, versus “20 or 21” schools.
Patin noted first that the plan is not entirely voluntary, making attendance zone changes to further desegregation and allowing special school transfers.
Patin also said that school officials considered neighborhoods in which schools were located and tried to keep children from passing schools in their neighborhoods on the way to their assigned schools.
He said the board did not want to do anything that led to flight by white families and middle- and upper-class black families.
Lemelle noted the court can order the expenditures backing the plan even if the electorate fails to back the taxes. “That’s the last resort, but I hold that card,” he said.
To open the hearing Monday, Lemelle agreed to allow Baton Rouge lawyer Gideon Carter III to withdraw from representing the plaintiffs over what Lemelle called “irreconcilable differences” with Taylor on “matters perhaps dealing with strategy.”
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Lemelle, Ivan L. R.
Born 1950 in Opelousas, LA
Federal Judicial Service:
Judge, U. S. District Court, Eastern District of Louisiana
Nominated by William J. Clinton on February 12, 1997, to a seat vacated by Veronica D. Wicker; Confirmed by the Senate on April 3, 1998, and received commission on April 7, 1998.
U.S. Magistrate, U.S. District Court for the Eastern District of Louisiana, 1984-1998
Education:
Xavier University, Louisiana, B.S., 1971
Loyola University New Orleans School of Law, J.D., 1974
Professional Career:
Law clerk, Hon. Robert Collins, Orleans Parish Criminal District Court, LA, 1972-1974
Assistant district attorney, Parish of New Orleans, LA, 1974-1977
Private practice, New Orleans, LA, 1977-1981
Assistant city attorney, New Orleans, LA, 1977-1978
Assistant state attorney general, Louisiana Department of Justice, 1980-1984
Race or Ethnicity: African American
Gender: Male
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29 mills of new propery tax would mean another $4,700-$5,000 annually for me.
My children were sent to the Catholic School in town and graduated 10 years ago.
I sent them for the uniform dress code (which the public schools later adopted),
the strict discipline (allowing corporal punishment is part of the entry contract),
religious instruction (even though I am protestant, I am Christian), facilities,
music, foreign language, art and advanced level courses. There are scholarships
provided students meeting the grade and citizenship requirements and about
10% of the school is minority (the parish is about 30%).
In this economy there is no way the additional property tax will pass, IMHO.
And, if the judge (who grew up in the same town I did, and is one year younger
than I am) orders the parish school board to spend $200 Million on the plan...
the destruction of the parish system will be complete...or at least every family that
can will send their children to private or parochial schools...and the public system
will be abandoned by most of our population...probably killing any chance for renewals
of the current property and sales taxs. It just doesn't make sense to me...kind of
like destroying a village to save it (Vietnam rhetoric). Xin Loi.