Suit likely if South Beaver closed

Jun 10, 2010 — The Arizona Daily Sun

Hillary Davis

Jun. 6, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- Families of South Beaver Elementary School students who oppose the possible closure of their school are willing to sue if the historic school is shuttered.

They contend the closure could lead to race-based disparities for displaced students and fuel conflicts of interest between key players at Flagstaff Unified School District and Northern Arizona University.

Attorney Tony Gonzales said a letter he sent to FUSD Superintendent Barbara Hickman late last month isn't a binding legal directive or statement. But it does lay out how the parents of 33 students would prefer that the vote at least be delayed for more careful study.

A lawyer for the district said the legal team is taking Gonzales' communications seriously, but she disputes some of his claims. Attorney Kellie Peterson said the closure decision is based on finances and what's best educationally for students. She denied there are any negotiations between FUSD and NAU or any other entity over potentially soon-to-be vacant properties. That includes South Beaver, which occupies a prime piece of land just across South Beaver Street from the university.

The school board is expected to vote on the issue on Tuesday. Any closures approved that night are meant to go into effect this fall. The board is considering a plan by district administration to close two elementary schools, a middle school and a high school.

Gonzales said the parents don't plan to file a lawsuit to prevent a closure vote from being cast. But if the vote comes down against South Beaver, then parents will seriously consider filing for an injunction to keep the school open.

Gonzales identified two main issues that he said the board has discussed little or not at all on the record:

--Possible discrimination: He said parents at least want the board to explain why the elementary schools on the short list were predominantly ethnic minority -- and schools that are predominantly white were not apparently seriously considered.

Following that, he said parents want to know how displaced South Beaver students would be "protected" -- how their educational experience would not be diminished or made unequal if sent, as mentioned, to nearby Kinsey Elementary, also a high-poverty school with an ethnic mix.

Peterson is preparing to defend the school board's assignment.

"In the research I've done on the case law regarding allegations of racial discrimination in school closure, the bottom line of what that comes down to is they look to see if the school districts had a legitimate, non-discriminatory intent," she said. "The things that go into that are the exact things that the school board has been considering through this process, which is how can we do this to save the most money yet continue to provide the best facilities and the best education for students."

Peterson pointed out that nine of FUSD's 12 elementary schools meet federal high-poverty standards. And schools with the lowest enrollment of minorities are on the fringe of town away from the centralized cluster of FUSD schools, and the geography is a practical matter for busing.

As for translation services, Peterson said at least one notification was sent out in English and Spanish, and some forums had district-provided Spanish and Navajo translators on request. Also, South Beaver principal Frank Garcia, who attended meetings, is a fluent Spanish speaker who could have assisted if asked.

--Collusion and conflict of interest: Parents want to know about any talks with NAU to lease or sell the South Beaver property -- which has recently been renovated with voter-approved bond money -- to the university, namely, for the College of Education to use as a preschool/primary school.

Also, they are concerned about FUSD Assistant Superintendent Bob Kuhn being brother to NAU Facilities Chief Jane Kuhn, and board members Deborah Harris and Sara Aleman being employed by the university. Gonzales said there's an appearance of impropriety that hasn't been thoroughly explained.

Peterson said she wanted to make clear that, despite speculation, there are no negotiations with NAU or any other potential tenants, and there would be none until a closure decision has been made.

Gonzales said if closure plans and possible consequences were better explained to families, they might be more understanding, and perhaps not even upset. But he said the district has acted "haphazardly."

"We know that there may come a day when South Beaver may close... but as of today, it's irresponsible for them to close South Beaver when they haven't thoroughly examined the issue," he said.

Gonzales said that legally, ethnic minorities are a protected, special class, so the families have the right to come forward with their concerns. And he said he is not accusing board members or administrators of being racist people.

"I'm just saying that their actions in and of themselves could result in discrimination and they have to recognize that factor," he said.

Newstex ID: KRTB-0065-45926916