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Florida COurt OKs Lawsuit Against Schools

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Case ID: 4517 | Family | 11/07/2005

On September 28, 2005, a three judge appeals panel in Florida granted class action status to the plaintiffs in a lawsuit against the Pinellas County School Board. The lawsuit alleges educational inequity. The decision allows more than 20,000 African-American families to stand together in their claim that the board has failed to ensure African-American students are properly educated.

The case, filed originally in 2000, names each member of the school board, along with former superintendent Howard Hinesley, as defendants. The plaintiffs allege the school board is denying black students equality before the law and depriving them of the right to a high-quality education because of their race.

The suit was brought forth under the Florida Educational Equity Act, which states in part, "no person in this state shall, on the basis of race be denied the benefits of any education program conducted by a public educational institution," and Article IX of the Florida Constitution, which states in part, "adequate provision shall be made by law for a high quality system of free public schools."

The complaint lists eight statistics to support the claim that black students' needs are not being met. Among them:

1. In 2000, when the case was filed, black students in Pinellas County were failing in all subjects 2.5 times as often as their white peers.

2. By fourth grade, almost two-thirds of all black students were failing at reading to such a degree that the school system was legally required to hold them back or enroll them in remedial programs.

3. The proportion of black students enrolled in the free/reduced lunch program who read below grade level was 88 percent, compared to 41 percent of white students enrolled in the program who read below grade level at the time.


4. Two-thirds of black students who were failing reading in the fourth grade did not graduate from high school, indicating that "no adequate provision is made to provide these children" with a high-quality education, the plaintiffs said.

While the statistics are clear, a solution to the problem is not: "The plaintiffs did not even make a request for a remedy in the lawsuit. It was the school district's job under state law to come up with a remedy." said the attorney representing the students.

While a class-action lawsuit with 20,000 plaintiffs is rare, lawsuits alleging educational inequity are not. Nationwide, plaintiffs bringing equity suits have won about 50 percent of their cases, said a senior litigation attorney for the Institute for Justice. However, Florida law could be an asset for the plaintiffs in this case.


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