Schools Ordered Closed

Earlier today, Judge Terrence Boyle accepted the Board of Education (BOE) and Department of Justice (DOJ) negotiated consent decree and said he would sign it. That means that J.P. Law and Askewville Elementary Schools will be closed to punish Bertie County for the claimed discrimination being practiced by the BOE. The BOE majority concedes by this ruling that it is practicing discrimination!

The most interesting exchange in this hearing came when the lawyer for the BOE claimed the BOE held "adequate" public hearings on both the Heery study and the need to close the schools and that since the public had been allowed to comment, they must agree with the closings. The BOE attorney never acknowledged that during the public hearings, public input opposed the closings. Nor did the Judge ever acknowledge the petition filings by Community Schools SOS, even though he had allowed the filings. The Judge argued that since the BOE was elected, they were the exclusive representatives of the public's wishes and he would accept their desire to close the schools.

It was at this point in the hearing that the Judge said to the BOE attorney that "Judges do not close schools. If the schools are closed it is the responsibility of the Bertie County BOE."

The Judge did not grant full unitary status but kept the case open for further rulings, based on concerns about claimed ongoing facilities discrimination and student assignment discrimination by the BOE at West Bertie and Aulander. This does not bode well for Aulander or West Bertie, or even Colerain, if the BOE negotiates further school consolidations with the DOJ.