Beaumont Independent School District accused of racial discrimination
The Beaumont Independent School District in Texas could be facing a lawsuit depending on its response to a letter accusing it of racial discrimination. The Pacific Legal Foundation, based in California, has accused the district of racial discrimination because of a transfer policy that allows students to go from a majority-race school to a minority-race school. The policy in question is the "Tier 3" transfer which allows students to "request a school out of their assigned zone based upon ethnic percentages at their zoned school and their school of choice," according to the school district Web site. Sharon Browne, principal attorney at the Pacific Legal Foundation, said the fact that race is considered at all is the problem. In June of this year, a Supreme Court decision severely limited how public school districts can use race in student school assignments. At the time, the Beaumont school district did not have a formal response to the decision, as its officials had not had time to study it. Now they are being asked to respond by Jan. 3, according to the foundation's letter.
The school district’s attorney said she will not discuss the letter with the school board until its Dec. 20 meeting. But, she said the letter does not take Civil Action 5281 into account―a statewide desegregation order. "So that makes us different from the actual school districts that the Supreme Court addressed because they weren't currently under any kind of desegregation order," said Beaumont school district attorney Melody Chappell. The statewide order does regulate student transfers, school district boundaries, school transportation, faculty/staff issues, and student assignment, among other things. However, it does not explicitly address student transfer issues within a school district. It only addresses transfers between two districts, said DeEtta Culbertson, a spokeswoman with the Texas Education Agency (TEA).
Beaumont Enterprise By Emily Guevara
Beaumont Enterprise By Emily Guevara
[Editor’s Note: The district’s information on its transfer policies is at the first link below. The demand letter is available from the foundation’s press release at the second link. Information on Civil Action 5281 is posted on the TEA website at the third. Information on the Supreme Court decision, its aftermath, and desegregation questions in other communities is available starting at the last two links.]
Beaumont ISD student transfer notification
Pacific Legal Foundation press release
TEA information page on Civil Action 5281
NSBA School Law pages on Cincinnati magnet school decision
NSBA School Law pages on Pitt County, NC uncertainty