BOE Ignores Bertie Citizens

Letter to the Department of Justice from the Bertie County Board of Education (by their attorney on their behalf)

Ms. Kym Davis Rogers
Trial Attorney
U.S. Department of Justice
Civil Rights Division

Re: United States v. Bertie County Board of Education
United States District Court, Eastern District of North Carolina
Case Number 2:67-CV-632-80
Proposed Desegregation Plan

Dear Kym:

The Bertie County Board of Education met on December 15,2005, in special session to discuss this matter. At this meeting, the Board developed a proposed desegregation plan that it directed me to communicate to you. That plan is as follows:

1. At the close of the 2006-2007 school year, the Bertie County Board of Education will close JP Law Elementary School and Askewville Elementary Schools. The attendance zones for all elementary schools will then be redrawn to accommodate these students into the remaining four schools: Aulander, Colerain, West Bertie, and Windsor Elementary Schools. Declining enrollment in the district has created sufficient capacity to accommodate all of its elementary students at these four facilities.

2. At the same time, the Board of Education reserves the right to keep both JP Law and Askewville Elementary Schools open to students for an additional two years, or until the close of the 2008-2009 school year, if, at the end of the 2006-2007 school year, there are sufficient funds identified and specifically earmarked for the construction of a new elementary school. If that occurs, the Board of Education shall close JP Law, Askewville, and Aulander Elementary schools at the end of the 2008-2009 school year, shall re-draw the attendance lines for the elementary schools and shall open the new school to students at the start of the 2009-2010 school year.

To be clear, it is the Board of Education's intent that the Board of Education retains the sole discretion to determine which of these scenarios is selected. The Board of Education presents this as a package to the Department of Justice and, if this proposal meets with the Department's approval, as a package to the court.

If any portion of this plan is found to be unacceptable, either to the Department of Justice or the court, it is our intent, on behalf of the Board of Education, to request additional time for the Board of Education to develop an alternative plan. It is neither the Board of Education's intent nor desire to seek an order that would in any way compel the Bertie County Commissioners to finance the construction of a new elementary school or that would require the Board of Education and County Commissioners to place the construction of a new elementary school at a higher priority than any other project that the Board of Education and County Commissioners may consider.

Once you have had an opportunity to review this proposal, please contact me to discuss.

Sincerely,
THARRINGTON SMITH. L.L.P
Carolyn Waller

I suspect the people of Bertie County have a few questions about this letter:
1. Why has the BOE refused to meet with the Board of Commissioners as Rick Harrell requested, BEFORE they sent this letter?
2. When does the BOE plan to ever demand Unitary Status to get us out of this case, something they once again simply ignore in this letter?
3. Why is the BOE of Bertie County insisting that Bertie County is still discriminating against minorities and must be "desgregated" by court action?
4. Why is the BOE so adamant that community schools MUST be closed that they charge forward and refuse to investigate any alternative except closing the schools?
5. Does the attorney for the BOE really think that in a letter opening negotiations with the attorney for the DOJ (an entity that the attorney has never appeared to influence) that language like "the Board of Education retains the sole discretion to determine which of these scenarios is selected" will impress either the DOJ or the citizens of Bertie County that the BOE will fight for what Bertie Citizens have indicated they want?
6. What chance is there that additional time can be secured when the BOE appears intent on moving forward with no delay?

If you have other questions you would like to ask the BOE, please eMail me now! We have to move fast to stop the BOE and the DOJ.