Chief Justice McKee offers dissenting opinion in decade old lawsuit

Chief Judge Theodore McKee

Plaintiffs in Blunt et al. vs. Lower Merion School District (LMSD), a civil rights class action lawsuit filed in 2007, recently received an opinion from the U. S. Court of Appeals for the Third Circuit.  Two of the three judges affirmed  U.S. District Court Judge Harve Bartle, III’s summary judgment in favor of LMSD—no trial before a jury—that is, unless the Supreme Court says otherwise. The Majority Opinion concluded that “there is no evidence showing that the District intended to discriminate against plaintiffs, nor that LMSD had knowledge of any intentional discrimination on the part of its employees, including deliberate indifference to discriminatory practices against African American Students as a form of intentional discrimination.” However, Chief Judge Theodore McKee vigorously disagreed with his colleagues in a dissenting opinion.

     Circuit Judges Thomas L. Ambro and Morton I. Greenburg, the “Majority” two of the three appellate judges in the case, argued that insufficient evidence exists indicating African American students were deprived of appropriate educational services due to racial discrimination and segregation in violation of federal law.

     Chief Judge Theodore A. McKee, an African American, disagreed with Ambro and Greenburg stating in court documents, “My colleagues reach this result even though the record contains numerous issues of disputed fact that would support plaintiffs’ claims if a jury resolved those disputes in the plaintiffs’ favor.”

     Judge McKee says, “The allegations here are not pretty. No one likes to think that a school district, especially one with an outstanding educational reputation, allows race to be a factor in assigning African-American students to special education classes. However, there is sufficient evidence on the record to establish that a trial is warranted to determine whether this school district did exactly that. I therefore write separately to express my strong disagreement with my colleagues’ conclusion

     District Court Harve Bartle dismissed Concerned Black Parents from the case “for lack of standing, he did so without any motion to dismiss or motion for summary judgment being filed against CBP,” stated McKee. Considering other factors too, McKee argued that Bartle’s 2009 order, “must be reversed as to CBP’s dismissal for lack of standing; a majority of this Court now holds that CBP does have standing.”
     Judge McKee argues that District Judge Bartle uses a test to determine intentional discrimination that is inconsistent with the Supreme Court, other Circuit Court of Appeals, and even the Third Circuits own precedential opinions. McKee further argues that the Bartle’s conclusion is inconsistent with “the vast majority of courts that have interpreted the meaning of “discrimination” under statutes that are inextricably linked to, derived from, and applicable to provisions of Title VI.” If the test is wrong, how can summary judgment be right.
     Judge McKee says that the Supreme Court recognized “that deliberate indifference is a form of intentional discrimination...it is clear that Plaintiffs do not have to prove discriminatory animus, as the District Court held and as my colleagues’ analysis implies.”
     At the start of this case, LMSD high school course levels fell along academic tracks noted by a hierarchy of rigor and expectations ranging from the low modified to higher standard, honors, Advanced Placement, and International Baccalaureate. Black students were less than 8% of the student population; yet, they were often in modified classes where more than 90% of the students were black. Upon graduation, Arguably, Blacks had about a 50% chance of graduating with proficient reading, math or science skills, or perhaps they were among the 37% of blacks identified as disabled and in need of special education. Maybe school discipline  segregated them into alternative schools or placed them  in the prison pipeline. These were not great odds for college or career readiness.
     Judge McKee addresses these disproportionate circumstances too. He says, “the Plaintiffs’ expert examined the extent to which African-American students are overrepresented in LMSD’s special education classes while being completely absent from any “high expectation” college prep or advanced placement classes, and concluded both as a matter of statistical science as well as common sense that those numbers indicate “there is something systematic about the LMSD practices related to Ethnicity.”
     Judge McKee’s rigorous argument says it best here, “I am thus at a complete loss to understand how the District Court (Bartle) could have looked at this record and concluded that Plaintiffs had “not put forth more than a scintilla of evidence that the LMSD had acted with a racially discriminatory purposes in identifying them as disabled and placing them in special education.”
     Before the case went to the Appellate Court, Judge Bartle ordered plaintiffs who had an Individualized Education Program (IEP) to exhaust relief outside of federal court and under special education law (IDEA).
     The outcome was that the Office of Dispute Resolution (ODR) was vastly more favorable to plaintiffs than Bartle’s court.  Black students won in case after case. Recognizing that plaintiffs did not receive a Free And Appropriate Education, ODR ordered LMSD to award plaintiffs compensatory education that amounted to about $700,000 and costing the District litigation fees certainly in the millions-including this case.
     In one plaintiff’s case, evaluations by a District school psychologist indicate that J. W. entered LMSD as a kindergartener with an average IQ, around 100. Years later as a Lower Merion High School student re-evaluated by Dr. Cosden, a school psychologist, J.W.’s IQ dropped to the 70s range. J.W.’s due process hearing revealed that he did not receive FAPE and LMSD was ordered to award J.W. about $90K.
     Aside from the drop in IQ, C.H. vs. LMSD and Q.G. vs. LMSD resulted in the same outcome.
     One student plaintiffs’ cries that she did not belong in special education started in elementary school. The school’s multidisciplinary team convinced Mom that there was no alternative but to place S. H. in special education—and so she signed the NOREP. .S.H.’s Mom joined the Concerned Black Parents team and started questioning the school’s advice; later on, she welcomed the Public Interest Law Center of Philadelphia’s (PILCOP) intervention. Sonja Kerr, an attorney with PILCOP, attended IEP meetings and advocated for S. H.  Shortly, S. H. was removed from special education as a high school student. Dr. Cosden, a LMSD school psychologist, admitted under oath that he lied to S.H. and her mom when he told them the testing protocols they asked to view were destroyed. Nevertheless, an Independent Education Evaluation revealed that , S.H. was mis-identified as disabled and erroneously placed in special education. S.H. was right all along—as were other students.

     District Judge Bartle was born and raised in Lower Merion. His roots are deeply entrenched in the community’s history, politics, organizations, and educational systems. His parents served as Main Line Health Hospital and Rosemont College top administrators, his brother is a retired township commissioner, and his children were educated in the district’s private schools.

     As Judge McKee considered whether Bartle abused his discretion to decide the case, he indicates that with all deference to the District Court it is not insurmountable and an objective analysis of whether the ruling was an abuse of discretion is in order. McKee highlights that there was substantial evidence that the District Court never even mentioned or considered.

     Plaintiffs hoped Judge Bartle would have considered bias—even his own—as he whittled the case to a mere shadow of existence when he dismissed defendants, plaintiffs, issues, documents, and even evidence.  McKee comments, “even though we should be mindful of the difficulties of proof in such cases and that bias is no longer “worn on sleeves” or “carried on signs,” evidence was dismissed (by Bartle).

     Further, McKee indicates that bias has been considered by the court, “defendants of even minimal sophistication will neither admit discriminatory animus nor leave a paper trail demonstrating it.” Judge McKee contends that his colleagues’ approach to claims of bias is both misguided and naïve. McKee adds, “it appears here that African-American students may well have been placed in special education classes based on evaluations that did not warrant such placement.”

     Although Bartle ordered plaintiffs to exhaust special education relief efforts and hearing officers determined that students did not receive FAPE, Judges Ambro, Greenberg, and McKee acknowledge that an expert, a psychologist, concluded that students in question incorrectly had been identified as learning disabled. McKee adds that even knowing students were mis-identified, the Court attached  “no evidentiary significance to the fact that nearly every individual African American student in this suit was improperly placed in special education classes.”

     Judge McKee acknowledges that blacks were wrongfully diagnosed as learning disabled, placed without warrant in special education, routinely placed in low expectation classes at a significantly disproportionate rate to Caucasian students, a school psychologists admitted under oath that he intentionally lied to a parent about destroying the test protocols she asked to view—the tests justified the disability, solid evidence was dismissed, LMSD created documents stereotyping blacks, LMSD could have provided evidence that Whites students were also mistakenly placed in special education classes and offered no such evidence, and there is more.

     Judge McKee concludes his dissenting opinion saying, in part, “This case is about whether courts will allow plaintiffs who have produced the kind of proof that I have discussed above to survive summary judgment and have their day in court to prove  something as subjective and evasive as the deliberate indifference that is tantamount to racial bias.

     When plaintiffs can produce the kind of evidence that has been produced here, the law requests that their ultimate claims of bias be determined by a fact finder, not by a court.

     I, therefore must respectfully disagree with my colleagues belief that the District Court did not err in concluding that no genuine dispute of material facts exists on this record.”

 

 

 

 

NEW Executive Order, President Obama launches White House Initiative on Educational Excellence for African Americans

On July 26, 2012, the White House released news that President Obama signed an Executive Order launching the White House Initiative on Educational Excellence for African Americans (the Initiative) to significantly improve educational outcomes for African Americans, thereby providing substantial benefits for the whole country.  It intends to ensure equality of access and opportunity to rigorous and well-rounded academic and support services that prepares African Americans for college, a satisfying career, and productive citizenship.

This Executive Order complements the President's White House Initiative on Historically Black Colleges and Universities Executive Order 13532 of February 26, 2010 and focuses on improving all levels of education to produce a more effective early childhood education through postsecondary and adult education continuum. 

In the Executive Order, President Obama acknowledges that African American men and women have strengthened America even while barriers have been broken down since the 1950s Brown v. Board of Education landmark Supreme Court decision.  Although that civil rights lawsuit transformed the nation's public education system on many fronts, substantial obstacles to equal educational opportunity still remain in  in the system. Whether this Executive Order will have teeth to change embedded dysfunction and racism remains to been seen let alone whether it will receive adequate support and funding.  Arguably, it is a long awaited step.

The Executive Order outlines the education problems Americans face as:

African Americans lack equal access to highly effective teachers and principals, safe schools, and challenging college-preparatory classes, and they disproportionately experience school discipline and referrals to special education. African American student achievement not only lags behind that of their domestic peers by an average of two grade levels, but also behind students in almost every other developed nation. Over a third of African American students do not graduate from high school on time with a regular high school diploma, and only four percent of African American high school graduates interested in college are college-ready across a range of subjects. An even greater number of African American males do not graduate with a regular high school diploma, and African American males also experience disparate rates of incarceration.

The Executive Order does expresses its mission and function, which basically is to help restore the United States to its role as the global leader in education and to strengthen the Nation by improving educational outcomes for African Americans of all ages.

Objectives of the Initiative include increasing an understanding of the causes of the educational challenges faced by African American students, increasing the percentage of students who enter kindergarten ready for academic success, decrease the disproportionate number of referrals from general education to special education by addressing the root causes of the referrals and eradicating discriminatory referrals (bravo), implementing reform strategies and practices girded in high-level, rigorous course work, strengthening school leadership and effective teachers, reducing dropout rates, increasing college access and success, and more.

The Initiative is housed in the Department of Education and directed by an Executive Director with collaboration among a newly formed Federal Interagency Working Group on Educational Excellence for African Americans (comprised of senior officials from many federal agencies) and a President's Advisory Commission (comprised of 25 appointed members). It is to be funded by the Administration subject to the availability of appropriations and implemented consistent with applicable laws. Freeman Hrabowski, President of the University of Maryland is chairman of the new Commission.

"A higher education in a twenty-first century cannot be a luxury.  It is a vital necessity that every American should be able to afford," said President Obama.  And afford a college education is something we hope every American can do in this century given the uptick in college tuition and the lackluster success of the No Child Left Behind legislation.

Read the entire Executive Office on the White House website link by clicking here.
http://www.whitehouse.gov/the-press-office/2012/07/26/executive-order-white-house-initiative-educational-excellence-african-am

Three Stories: African Americans in Due Process Hearings

Special Education Due Process Hearings

Students identified by a school psychologist as disabled are entitled to a Free and Appropriate Public Education (FAPE) according to the Individuals with Disability Education Act (IDEA).  In addition to regular or general education, FAPE typically includes special education support services identified through an Individualized Education Program (IEP) and respective goals. An IEP team creates educational goals and monitoring mechanisms that are, at least, reviewed annually.

     Of course, parent and school collaboration should be sought first to ensure a students’ receipt of FAPE, but when it is questionable and negotiations and collaboration seem to fail or fall short, parents (and school districts) can seek balance with a due process hearing.  A complaint is filed with the Office of Dispute Resolution (ODR) following which a hearing officer is assigned to the case who will hear the matter as presented by plaintiff and defendant’s attorneys.

     The hearing officer will decide whether a child has received FAPE or decide other issues before setting out an Order outlining actions to be taken by all parties to remedy the situation. The child’s best interest is at the core of the decision.

S. H.’s Story
S. H. never saw herself as a disabled student needing the “special education.” A Lower Merion school psychologist said she did after an education evaluated. Diagnosed with a specific learning disability, her mom was told she needed specially designed instruction and a special education. Trusting the school psychologist as the expert, like so many parents do, Mom ignored S. H.’s cries that she was not disabled or needing special education.

After the Public Interest Law Center of Philadelphia took this case to a due process hearing, an independent evaluation revealed that S. H. in fact never had a learning disability.  S. H. was exited out of special education two years ago. The District stands by its diagnosis and continues to challenge S. H. in court.

S. H. will enter a four-year university in September with fear and trepidation set off by spending hundreds of hours seeking an appropriate education in the resource room and low-level, modified academic courses.  However, all bets are on S. H. that her wisdom as a child will serve her well as a college student.

R. C.’s Story
He wants to be a professional football player when he grows up, settling for long-boarding now. His parents insist on designing an Individualized Education Program (IEP) to prepare him to succeed in a NCAA Division I, II or III university.

R. C. did not receive a Free Appropriate Public Education while attending Welsh Valley Middle School, according to the hearing officer who decided in his favor after hearing days of evidence put forth by the Public Interest Law Center of Philadelphia and District attorneys. The lawsuit unearthed some of what is wrong with LMSD special education.

School administrators typically substitute social studies, science and language courses for special education ones. While awaiting the federal Court’s decision on the Districts’ appeal, R. C. is setting a precedent at the middle school by attending all core content courses, including a language course. He is recovering from a lack of FAPE.

A. G.’s Story
A. G. is a beautiful and bright young adult who like S. H. was misdiagnosed as disabled by a Lower Merion school psychologist, according to outside expert evaluators.  In A. G.’s case, the school psychologist diagnosed her as having a specific learning disability and attention deficit hyperactivity disorder “like” symptoms. In her senior year and as a result of a due process hearing, A. G. learned more than she ever knew about why she was placed in instructional support lab classes. Her parents learned of her ADHD diagnosis for the first time at the hearing and were immediately alarmed and concerned that school staff were aware for years and treated A. G. with low expectations and as disabled.
 
Due to graduate as a senior, A. G. had little time to compensate for a lack of rigorous or honor-level courses that would have adequately prepared her to succeed post secondarily. While she continues to consider career options her case is on-going in federal court.

Lower Merion captures many Black students on secret laptop surveillance, Williams and Hasan took it to court

Many Black students captured by secret school laptop surveillance, these two did something about it

In 2010, the nation and international community learned that Lower Merion School District high school students were issued laptops with surveillance capabilities and many unsuspecting students had photographs and web camera shots taken of them, friends and family members by District staff; many shots of students in private settings and circumstances. The Robbins family pursued a class action lawsuit to address the surveillance of their son, Blake; eventually winning the lawsuit against the school district and receiving a $175,000 settlement. The community got massive computer policy and practice reform to the District’s one-to-one laptop program. At least nine of the 36 surveillance students were African American. Feeling horrifically violated, two filed lawsuits against the District.


Keron Williams v. LMSD
Keron neither lost his laptop nor told school authorities of it missing as was reported by the District during the Robbins v. Lower Merion School District lawsuit. Keron was among the students who had secret, remote photographs and screenshots taken of them. Yes, he saw the green light come on his laptop many times but casted his suspicions aside as unwarranted paranoia, never suspecting he was being studied by school staff or that nearly 1,000 photographs and screenshots were taken--many while he was in his bedroom.

Keron was 16 years old, enrolled in honors courses and doing well, never a school discipline problem, had perfect attendance, and had been recently awarded the Boy Scouts of America’s highest ranking honor as an Eagle Scout.

At first, Keron thought he could emotionally handle the violation but then realized he struggled to live with an invasion and assault on his sensibilities and reputation, not to mention he did not lose the computer or report it stolen. Keron’s family suspects that the district spied on Keron with motivations that had nothing to do with losing a computer. Around the time of the surveillance, Keron was escorted by campus police to the principal’s office and told to empty his pockets and his backpack contents were checked. Finding nothing but his Boy Scout Eagle scarf in his pockets and little else in the backpack besides school related stuff, he was allowed to return to class. He would learn later that a white female student complained that a black male with a hoodie and a skateboard took a something belonging to her.  Whether an actual item was taken from this young lady or not, Keron was wrongfully suspected. Then the surveillance camera was turned on and stayed on for months Robbins lawsuit forced its termination. The story ends with a lawsuit filed against the District and a settlement dollar amount that was a drop in the bucket compared to the Robbins’s receipt of $175,000 or the trauma.

Jalil Hasan v. LMSD
Shortly after graduating from Lower Merion High School in 2010, Jalil and his mother filed a civil suit against the Lower Merion School District. Jalil forgot his computer in a classroom on a Friday and received it back on a Monday. Yet the remote surveillance was made active and left running for weeks and 469 photos and 543 screen shots later. They included bedroom shots and pics of family and friends.

Fatima Hassan, Jalil’s mother seen here in photo with him, told the Philadelphia Inquirer that she relocated to Lower Merion for its reputable schools, “I sent Jalil to Lower Merion High with the idea that he would be in a safe environment, and that’s what you care about most as a parent. But then, when I’m looking at these pictures and I’m looking at these snapshots, I’m feeling like, ‘Where did I send my child?’” Both the Hasans and Robbinses’ where represented by Mark Haltzman. Jalil received a settlement amount of $10,000 and Mr. Haltzman received about $419,000 for both plaintiff’s legal fees to be paid by the school district and its insurance carriers

African American students vs. Lower Merion School District in due process hearings

Due Process Hearings/Settlements through the Office of Dispute Resolution often involve extensive litigation, mediation, or settlement under the Individuals with Disability Education Act . These lawsuits are hard fought and won matters, often indicating a deficit in special education services and programming for children. Listed below are mentioned 12 African American students, 3 more on page 7, who took issue with the LMSD and prevailed on some or all claims. Their names are initialed for their protection.
J. W. - Prevailing party, compensatory education awarded. LMSD appealed, federal court decided in students’ favor to enforce hearing officer’s decision.
B. D. - Prevailing party, in part.
S. L.- Case appealed by District, on-going.
C. H.- Prevailing Party, compensatory education award. Student taking remedial college courses, LMSD paid
A. B.- Prevailing Party, compensatory education award. College graduate and employed with recent promotion.
G. J. - Prevailing Party, compensatory education award.
A. L - Case Settled with compensatory education award. Student enrolled in rigorous remedial tutoring.
M. J.- Case Settled, student placed at private school, LMSD paid
K. R. - Prevailing Party, compensatory education award
K. J.  - Prevailing Party, Parents selected out-of-state placement, LMSD paid.
Q. G. - Prevailing Party, awarded compensatory education. Attending college.
S. M. - Prevailing party, by settlement

Blunt et al. vs. LMSD Update

Now in appeal to the Third Circuit Court, seven plaintiffs remain and plead with the federal court to allow a lawsuit to move forward before trial by jury in a five-year old civil rights case against one of Pennsylvania’s wealthiest ($200+ million for 7,300 students), highest academic achieving school districts.

Once upon a time there were nine plaintiffs, two organizations (Concerned Black Parents and the NAACP Main Line Branch) and the matter was a class action lawsuit with racial discrimination and special education/disability charges lodged against the Lower Merion School District and the Pennsylvania Department of Education.

Interestingly, the judge in the Blunt et al. v. Lower Merion School District was born and raised in Lower Merion. His family has been very influential in the politics of the community for decades. However, the Third Circuit justices have no ties to Lower Merion leaving plaintiffs to pray for justice and a reversal back to an opportunity to be heard by a jury trial who should decide the outcome of this reform seeking case

DOEs vs. LMSD Supreme Court refuses to hear the case

Nine African American families were less interested in busing their children four miles away because their predominant white community valued diversity at their expense than sending them to their community high school that is within walking distance.

In 2008, the Lower Merion School District welcomed the newly hired Dr. Christopher McGinley with the task of redistricting for the sake of equalizing two new “world class” high schools. The balancing act meant more than filling each school with 1,200 students, it devolved into denying the families decades-old rights to choose which of the two township high schools to send their children to and a class action lawsuit against the school district. 

The District said race was not a factor in their decision to redistrict students residing in one of the township’s densely African American sections. The evidence showed otherwise and the lower Court agreed but said it was not illegal to use race to redistrict. The Does lost an appeal to the Third Circuit Court. After a three-year battle, the Supreme Court refused to hear the case.

10 years and $2 billion into NCLB, PSSA scores drop for all races even as LMSD's nagging achievement gap remains wide open

A little known but highly felt by students fact about the Lower Merion School District (LMSD) is that its students are subject to more than 50 standardized, benchmark, or diagnostic tests by the time they graduate; not just the federally mandated PSSA alone.  These assessments are to inform instructional practice and curriculum development while driving all students along a pathway to reading and mathematics proficiency by 2014.  Even with a relatively small student population of 7,300+ and revenue totaling over $2 billion since the federal No Child Left Behind Act (NCLB) of 2001, 100% mathematics and reading proficiency is a mandate still to be met and PSSA gains are on the decline across the school district.

The Pennsylvania System of School Assessment, also known as PSSA, measures a students’ strengths and weaknesses and reveals how well they have achieved in reading, mathematics, science and writing according to Pennsylvania’s academic standards.  Adequate Yearly Progress (AYP) measures how well a school district performs annually at educating its students to a level of proficiency and above in core content areas. The measures are tied to state academic standards, which can be viewed at www.pdesas.org/.

Alarmingly, the PA Dept. of Education’s 2011 Academic Achievement Report indicates decreases in reading and math proficiency at nearly every level and for all students regardless of race, income, or ability, especially on the middle and high school levels. Read the report for yourself and study the data in this newsletter.    (Source: http://paayp.emetric.net/District/DataTable/c46/123464502)

Should Lower Merion residents settle for less or demand more of school staff or something different? Without fail, LMSD makes AYP goals every year despite its underachievement as a “District” for disaggregated student groups. Its aggregate and disaggregated school-by-school PSSA scores speak to the inadequacies and safety nets allowed by the PA Dept. Compared to most school districts, the District is strong academically on many fronts, but the ones NCLB intends to eradicate.

Money matters for LMSD. Taxpayers provided LMSD with more than two billion education designated dollars over the past decade. Taxpayers rarely complain about annual school tax bills that rise every year without fail, at least not openly (except when it hit double-digits a few years ago).

Academic achievement scores on the down-tick with abundant resources that include $2 billion over a decade, more than $200 million per year, 35% of all eligible public school students attend private schools relieving the district of educating an entire community, parents pay thousands for tutoring and enrichment, the school superintendent and “highly-qualified” teachers are among the highest paid in the nation, the Strategic Plan addresses achievement and wholistic well-being, laptops and iPads abound, millions are paid to purchase new curriculum materials in all core content areas, and on and on.

Marva Collins, the great educator, refused to allow students to leave her class with empty or half-filled minds or for excuses to enter. That’s a standard for high quality education.

Lower Merion & Narberth community members, brave an imperative call to turn right-side what’s wrong with public education.

What does being a good citizen mean to you as it relates to public education?

Human resources...teachers, administrators, special education teachers, school librarians, guidance counselors, tutors, mentors, volunteers, parents, and community members; so, what does good citizenship mean to you as it pertains to supporting academic achievement of publicly educated students?

We face an abundance of public school challenges.

Academic achievement is not all about money...really, it's not. Take a look at the Lower Merion School District who has nearly $30,000 per student to spend on educating all students yet there's been a significant achievement gap since the No Child Left Behind legislation.

Talk to me.

Roberts Brothers---Building a Legacy of African American Wealth

Public schools across the United States prepare children for the workforce as employees or specialists, such as carpenters, engineers, lawyers or doctors. The set up is that students attend school for thirteen years, graduate from high school qualified for college success (without a need for remediation courses) and move into a career and the middle-class. Schools provide core content curriculum that is often void of teaching financial literacy. Every now and then, the exceptions to these school rules become models to us, especially when African Americans join the Donald Trumps of the nation.

The Roberts brothers, Steven and Michael, were on track for the middle-class life but veered off into big business and wealth. Unlike their father who retired after 39 years with the U.S. Postal Service, these African American men built a billion dollar empire by building the extra into extraordinary.

"We weren't rich, we weren't poor, but we just never had any money either," says Michael about their upbringing in St. Louis. Today they are among the wealthiest African Americans in the nation. The Roberts Companies consists of more than 70 companies throughout the nation. Their holdings include hotels, television and radio broadcast properties, theatres, telecommunications facilities, shopping centers, some of the finest developed real estate properties, aviation, and much more. They are big business leaders.

Like many African Americans, Michael and Steven Roberts can tell you when they just had two quarters to rub together. Yet like what African Americans are fully capable of accomplishing, they saw beyond what were obvious and created masterpieces out of properties others thought untouchable. They trekked the typical American education route by attending public schools, college, and then law school. As lawyers, Michael and Steven teamed up to advice clients and as elected officials became Aldermen. Their journey beyond ordinary began with the purchase and development of one property in the African American community and continued with multiple purchases in the heart of St. Louis and the nation.

Michael and Steven Roberts are often called on to speak about their success. They enjoy encouraging students to become life-long learners and to identify an area of passion. Start with an idea, learn what there is to know and own it, do the work--sweat equity--of putting ideas into action, and reap the rewards. They would remind students of two key cogent points: there is no retirement in doing what you love to do, and remember the importance of service to others as you build a legacy.

The Roberts are an example of African American success. No longer relegated to sit in the back balcony because she is Black, Mom can sit where ever she wants in the theatre now owned by her sons. Now, that is letting freedom ring from the mountain tops.

On second thought--”The time for justice, freedom and equality is always right now”

The Great Debaters, starring Denzel Washington and Forest Whitaker, is a movie inspired by a true story set in a deep southern Texas town that openly sanctions racism. It epitomizes the struggle “underdog” African American students and teachers experienced to gain an equitable education in an unjust society. A professor and coach, Denzel Washington, cultivates African-Americans to engage their intelligence and leads them to surpass Harvard University’s best and brightest Euro-American students. The power of words becomes sport. Winners take all, including becoming an historical powerhouse.
Although racially segregated water fountains, restaurants and public schools seem to have disappeared in 2010, the nation’s problematic achievement gap between black and white students and suburban and urban academic apartheid demonstrates that a deep-seeded racial divide persists.

“Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does” Supreme Court Justice Warren, May 17, 1954

The 1954 Supreme Court decision, offered by Chief Justice Warren, on Brown v. Board of Education and the 2001 federal mandate No Child Left Behind has yet to unravel centuries of wrongs committed against African Americans. We rise in anticipation of the fruition of these inherently moral and democratic rulings that attack the impact of racially segregating children into separate and unequal classrooms, schools, communities, economies, and academic opportunities where access to rich curriculum taught by skilled teachers is the norm.

The lawsuits brought against the Lower Merion School District and won by its African American community are a force for change. So be it we pray lest this time justice, freedom and equality take black students to the education Promised Land that it be by the hand of the Almighty’s “ten plagues and then the Red Sea.”.

Trial date set for racial discrimination case against the Lower Merion School District

After unsuccessful attempts to mediate a long-standing lawsuit, Concerned Black Parents and several African American families head back to Federal Court in November, 2011 to address the failure of the Lower Merion School District to eradicate the impact of racist and discriminatory policies and practices toward its black students.

On July 30, 2007, Concerned Black Parents. Inc. joined several African American students, parents and the NAACP Mainline Branch as plaintiffs in a class action lawsuit against the Lower Merion School District, and later amended the Complaint to add the Pennsylvania Department of Education as defendants. The Public Interest Law Center of Philadelphia (PILCOP) originally filed the case with lead attorneys Barbara Ransom and Judy Gran who have since passed the gauntlet to Sonja Kerr. In 2009, the international law firm of DLA Piper joined PILCOP in representing the Lower Merion plaintiffs; thereby adding an outstanding team of lawyers led by Carl Hittinger.

Generally, the Complaint alleges that the School District’s policies and practices caused African American students and the members of the class to fall behind their peers academically.

The Federal Court’s Chief Justice Harvey Bartle, III initial response to the Complaint was to deny the plaintiffs a class standing, to dismiss several plaintiffs, and to insist that all plaintiffs receiving special education services exhaust all remedies and resolve issues under the Individuals with Disability Education Act (IDEA).

In 2007, the Lower Merion School District tracked students on several academic levels; including modified, standard, honors, advanced placement and the International Baccalaureate. Anecdotal and factual evidence indicates that the majority of African Americans are routinely segregated into the lowest academic levels provided by the school district, with a small handful enrolled in honors, AP or IB courses. Nearly 90 percent of a modified class contained African American students; which is statistically improbable without direct manipulation in a district where these students total 7.5 percent of the entire student body. Today, the District reports the elimination of all modified level courses.

Demonstratively, African American students are not benefiting from the blue-ribbon winning school district where the majority of Euro-American students are in higher-level courses that improve standardized test scores and post-secondary outcomes. This lawsuit intends to even the playing field.

The IDEA and No Child Left Behind Act (NCLB), require the District to provide these students access to the same general education curriculum and quality education, which Lower Merion provides to their similarly situated peers.

In an effort to accomplish what Chief Justice Bartle ordered, PILCOP filed 5, 10, and then 20 Due Process Hearings (21 in all so far) for African American students in an attempt to make right the special education wrongs accomplished by the Lower Merion School District over decades

In all cases either the Hearing Officer determined that the Lower Merion School District did not provide an appropriate education to African American students and ordered appropriate remedies or a settlement agreemet was reached.

Among other revelations, evidence revealed that certain students did not belong in special education simply because they are not disabled.

Within days of DLA Pipers admission as legal representatives to the plaintiffs, the LMSD initiated an attempt to settle the three-year old lawsuit. Retired Federal Judge Bissell joined the case to mediate the settlement. Plaintiffs attended the mediation sessions with experts— professors, authors and researchers—who studied the case and recommended what is known to alleviate the impact of institutional racism in public education. On December 10, 2010, Dr. McGinley, Michael Kelly and district attorneys failed to settle the three-year old lawsuit with plaintiffs.


This case goes to a jury trial in November, 2011.

Elected by Unanimous Vote--Virginia Pollard Joins the Lower Merion School Board

In an historic turn of events on Monday, October 25, 2010, the Lower Merion School District School Board of Directors elected Mrs. Virginia Pollard, an African American, to a position as Board of Director to replace a recently vacated seat by Linda Doucette-Ashman who relocated out of Pennsylvania. People say this moment in time is historic because a wealthy, majority white suburban school district and school board membership seated an African American. Mrs. Pollard is not the first African American to become a Lower Merion school board member, although it has been decades since the last. There are plenty of points to be made, but these few make this Board's unanimous vote amazing.

No one thought it would happen, like it did.

The thought was that, at least, the vote would end in a 4 to 4 tie and be decided by the Courts. At best, Mrs. Pollard would win by a 5 to 3 vote. Eight school board members were obligated to interview the final four of 31 candidates in an open forum as top school administrators and a standing-room only crowd attended. Mrs. Pollard made it as one of four in the final round. Each candidate was asked the identical seven questions in sequence. Mrs. Pollard was the third person to be interviewed. All of the candidates were excellent finalists, one would win the seat.

With the impending November 2 elections around the corner, Democrat or Republican politics was not the prevailing issue on the floor. Rather, electing Mrs. Pollard, a clearly qualified candidate, was an opportunity for school board members to begin to heal racial pains and divides sustained over decades that culminated more recently with several unresolved federal lawsuits and many resolved and unresolved, on-going due process hearings brought against the school district by African American families and organizations.

The PEOPLE challenged and changed the outcomes.

If there was any indicator that the Board's vote would not have ended as unanimous, it comes with the body language of a long-standing board member, Gray Friedlander. The usually stoic Mr. Friedlander seemed to have taken on a twitching disorder as he sat listening to the dozens of commentators intent on convincing him and the entire Board to vote for Mrs. Pollard; eyes rolling, legal pad covering his face to converse with Ms. Guthrie, red-faced, selective inattention, teeth-gritting and then calm attention to his seeming favored candidates. This behavior went on for hours into the night, a couple of breaks, and suddenly he sat calmly. Perhaps resigned.

Candidate supporter after supporter commented (overwhelmingly for Mrs. Pollard). Black, white, brown, young, old, Boy Scouts, two former township Commissioners (including Maryam Phillips via a letter), at least two sitting commissioners (Steve Lindner and Cheryl Gelber) sat among the crowd, Republicans, Democrats, and even a woman who dared the Board to make a liar out of her (she had no faith in them electing Mrs. Pollard to the Board). White people told the Board it is time to include Blacks who have been ignored and disenfranchised for years; it was time for them to take the gift this opportunity presented to make the right decision. Blacks and Whites spoke of the Mrs. Pollards extensive community involvement, skills, and history with which they and all of Lower Merion would be complemented. Mrs. Davis, unintended to speak, ask the Board, "if not now, when?"

It was even fun.

Attendees shared plenty of laughter. Reverend Pollard opened public comments with a request to the Board to do as the music soul legend James Brown and "Please, Please, Please" vote for Mrs. Pollard, his wife of many decades. In other light moments, James Brown would be referenced by other commentators and even a board member. Then attendees watched with eagerness when James Brown was called to the podium to make a comment. A white man appeared and identified himself as, "the real James Brown" and the audience roared with laughter. What a moment.

A word about redemption.

Lynn Kugal, who during the racially heated redistricting federal lawsuit brought against the district by African Americans admitted that she did not know that Ardmore was a predominant minority sub-community within Lower Merion leaving a bitter taste in the mouths of many, nominated Mrs. Pollard to become the next school board member. There were no other nominations. Within minutes Gary Friedlander and every other school board member voted to seat Mrs. Virginia Pollard as the Lower Merion School District Board of Director. They made the right decision, as implored to do by Lower Merion residents.

The vote was unanimous, by the end.

The audience jumped to their feet energized by amazement and joy. No one sang we shall overcome, but the sense of triumph and healing was as pervasive as the face-wide smiles of several board members and most of the attendees. At that moment, a point of community pride was manifest.

A WIN-WIN

Truly this was a win-win for Reverend and Mrs. Pollard.
It was a win for Lower Merion students.

It was a win for the Lower Merion community.

It was a win for America. Yes, America.

Mostly, it was a win for the prayer team who stands on Simpson and Spring Avenues in Ardmore every night in any kind of weather praying for change.

White House Hosts Science Fair for the First Time

In an effort to Educate to Innovate, the White House held the first ever Science Fair to recognize middle school and high school students who have created outstanding, innovative science, technology, and engineering projects. A diverse group of students from schools across the nation converged on the White House on October 18 to demonstrate their award winning projects to President Obama.

One presenter's, Mikayla, comment sends a resounding message and directive to all of us to share with our youth, "When you apply for a job nobody will care if you were at the mall or texting or Facebooking, but stuff like this will matter."

A Word on Special Education--IEPs...well, maybe a few words

Let’s say, a teacher alerts you that your child is struggling or misbehaving in school. A recommendation for the school psychologist to conduct an education evaluation to determine the underlying cause follows the alert.

You agree to the evaluation.
After an evaluation, the school psychologist may determine your child has a disability that requires special education support services. If not, all actions stop. If so, an Individualized Education Program (IEP) team meets to discuss your child’s strengths and needs and they and you create an IEP plan.

Welcome to special education.
Here are a few things to consider IF you agree with the school staff—.
Your child is entitled to a Free Appropriate Public Education—FAPE. FAPE means the special education support services are to be designed to provide——
a) meaningful benefit,
b) significant learning,
c) impact your child’s ability/potential,
d) conform to applicable federal requirements, and
e) is provided at no cost to the parents.

Are your child’s IEP goals measurable and objective?
In order to provide a student with FAPE, an IEP plan must be “reasonably calculated to enable the child to receive educational benefits.” Your child should experience more than trivial benefits.

Vague IEP Statements are NOT Enough
Vague IEP statements might look like this, LC will “write a correct sentence” with 80% accuracy or “will complete the fourth grade curriculum in reading” or “will improve her organizational skills.” Objective criteria against which achievement can be measured should be provided in the IEP language and specific strategies for adequately evaluating a student’s academic progress. How will you know if teaching methods are effective or revised? Bring an advocate or a Special Education Buddy.

Marva Collins

In an age of the "achievement gap," we should recall the accomplishments of a master teacher, Marva Collins. She profoundly changed the lives of her students by educating them; even those other teachers and administrators thought were learning disabled. This veteran public school teacher, who became disillusioned with schools, unions, and underachievement, refused to relinquish her responsibility to educate students.

Our Hall of American Achievers---Mrs. Collins is one of America's greatest gems. Cum Laude, with praise.

ASK ABSOLUTELY ANYTHING public information sessions

Are you a parent/guardian who's concerned about the academic achievement of your Lower Merion public school student?

Do you need a second pair of eyes to review your child's IEP, GIEP or 504 Agreement?

Are you concerned about whether your child is on grade level?

Is your child enrolled in courses called ISL, math labs, "active" or remediation?

That's right. Lower Merion students, parents, guardians and anyone with a questions or concern about general or special education can ask absolutely anything of the Public Interest Law Center of Philadelphia team and get answers. FREE public information sessions are taking place on Fridays, September 10, 17 and 24 from 2pm until 6pm at 92 Greenfield Avenue in Ardmore, PA 19003. Bring whatever paperwork is pertinent to your question and/or concern, including course rosters, transcripts, school program guides, individualized education plans, gifted individualized education plans, 504 Service Agreement plans, reports cards and the like.

Come to these free sessions. Get help sorting it all out.

President Obama Delivers Commencement Address to Hampton U

Mother's Day, May 9, 2010, took on new meaning as President Barack Obama delivered the commencement address to Hampton University students and attendees. He highlighted the importance of obtaining a college education for each individual, but also that their achievement impacts the nation as well as the global community. Obama reminded attendees of a statement made by Frederick Douglass that still seems to rings true today, "Education is Emancipation."

Education Summit to Focus on School Discipline and the Pipeline to College Readiness

Concerned Black Parents and the Zion Youth Advisory Council are hosting the fourth and final Education Summit: The Village Takes Responsibility Part IV Explore the Impact of School Discipline on Academic Achievement and Success--What YOU should know & think about on Saturday, May 8, 2010. Feature presentations begin at 10:00 am with Umar Abdallah-Johnson, school psychologist; Sonja Kerr, civil rights attorney with the Public Interest Law Center of Philadelphia; Dr Wagner Marseille and Doug Arnold, vice principals at Lower Merion High School; Giovanni Campbell, defense attorney; and Detective Henry of the Lower Merion Police Department. The summit opens at 9:15 with a lite breakfast and is open and free to all who venture out to 92 Greenfield Avenue, Ardmore, PA 19003.

A trip to the office for disciplinary purposes is a step out of the classroom and away from direct instruction, the impact of in- and out-of-school suspensions on academic achievement is great. With that said, imagine the impact on a student who is completely removed from his/her home school and remanded to an alternative school? Worse yet, what does academic achievement look like for a child whose school discipline involves the police and the juvenile justice system?

In an effort to ensure that more African American students are college and career ready rather than tracked off into the pipeline to prison, Concerned Black Parents and the Zion Youth Advisory Council would be remiss to end the 2009-10 school year without tackling this subject as a final summit matter. In fact, even in the wealthy Philadelphia suburban Lower Merion School District at the center of this discussion has a disproportionate number of black and Latino students receiving more stringent discipline than their non-minority peers.

Developing a community "village" centered approach to school disciplinary action and outcomes, supporting youth and schools, and eliminating the tolls of black students thrust into the "juvie" system from school are a few of the areas to be discussed at the summit. The primary focus is on disciplinary action prevention, intervention, and keeping students on a track to academic success and achievement.

Everyone is welcome!

Secretary of Education Arne Duncan Proposes Increase in Title I Funding for Family Engagement

On May 5, 2010, U.S. Secretary of Education Arne Duncan announced the Education Department's proposal to increase Title I funding targeted toward enhancing family engagement in public schools. Schools receiving Title I federal funds are required to designate 1 percent of that amount toward parents and family communication, collaboration, relations, and engagement. That 1 percent funding level would increase to 2 percent: that is, 270 million nationally available to school districts across the nation to draw families into their child's' learning experiences and school. Another 145 million would be made available on a competitive basis for states to identify the best practices for family engagement.