Judge denies injunction against closing schools

A federal judge has decided not to block DC from closing 15 public schools for next year. Yesterday, he denied a motion from grassroots organization Empower DC to grant a preliminary injunction against the closures.

Last week Empower DC and the plaintiffs, 3 parents with children enrolled in schools slated for closure and 2 ANC commissioners in the affected areas, argued before US District Judge James Boasberg that the closings discriminated racially, they discriminated against special needs students, and DCPS did not follow proper procedures in the decision process.

An injunction, which would block the government from moving forward with its plans, sets high standards before a judge will grant it. Boaseberg ultimately decided the case did not meet this bar. Despite losing the injunction, the lawsuit itself may continue to trial, but DCPS can go ahead with its school closures in the meantime.

Boasberg wrote,

The public-education landscape in the District of Columbia has changed. The advent of public charter schools, coupled with demographic shifts, has resulted in substantially decreased enrollment in certain neighborhoods over the last fifteen years.

Few topics, understandably, incite our passions more than the education of our children. Toss into the mix the future of neighborhood institutions, whose familiarity and history may resonate deeply, and quite a volatile brew emerges. It is thus hardly surprising that assorted constituencies may possess varied opinions on the wisdom and necessity of the Plan and Schools Chancellor Kaya Henderson’s strategy.

In the case plaintiffs brought 2 claims. The ANC Commissioners assert process-related claims, while the guardians of children attending the closing schools submit civil-rights claims. They argue that the closings have a “disparate impact” on minorities and students with disabilities, and thus violate under Title VI, IDEA, the Americans with Disabilities Act, and the DC Human Rights Act.

Preliminary injunction requires meeting a high bar

A preliminary injunction, Boasberg wrote, is:

an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief. A plaintiff seeking a preliminary injunction must establish:

• he is likely to succeed on the merits
• he is likely to suffer irreparable harm in the absence of preliminary relief,
• the balance of equities tips in his favor
• an injunction is in the public interest.

Boasberg said that even if letting the schools close would qualify as irreparable harm, that is not sufficient on its own. He found that the plaintiff “has failed to show a likelihood of success on the merits,” and thus denied the motion “without analyzing the remaining factors.”

ANC commissioners’ claim fails on standing

Another obstacle was “standing,” the legal principle that only someone harmed in certain ways can legally sue to block a change. Boasberg found standing to be “an insurmountable hurdle for the ANC Commissioners.” ANC Commissioners, he found, only have legal standing in their capacity as private citizens, or to bring claims that the residents inside the ANC would also be legally allowed to bring.

Furthermore, he said, “an ANC or its Commissioners cannot simply rush to court every time they do not receive notice.” As private citizens, the judge determined that they would personally suffer no detrimental effect since neither had children attending the affected schools, and thus did not have standing.

Parents get standing, but civil rights claims don’t hold up

The plaintiffs who are parents did qualify for standing. Even though they only would be personally harmed by having their own children’s schools closed, they allege in their civil rights claims that the whole school closing plan — beyond just any individual school closure — is discriminatory. Since DCPS gives the same rationale for closing all of the schools on the list, the parents therefore can challenge the plan in its entirety.

One of their civil rights claims is that the plan violates the 14th Amendment’s Equal Protection clause. But, Boasberg said, just because the closings disproportionately impact African-American students does not create a civil rights violation without proof of intentional racial discrimination.

The Court acknowledges that, “On its face, the impact of the proposed closings treat students of color, those with disabilities and those who live in low income neighborhoods disproportionately and disparately.” However, Boasberg points out, the District’s under enrolled schools are in sections of the city that are almost exclusively African-American and Hispanic, school populations have decreased, and charters have thrived.

Therefore, “these patterns are “clearly explainable on grounds other than race. Indeed, it is explained by the single, race-neutral justification for the school closings that DCPS has offered throughout: closing under-enrolled schools will save resources that can then be spread throughout the school district.”

Ultimately, according to Judge Boasberg, “this goal easily provides a rational basis for the school-closure decision.” The judge applied a similar argument to the alleged ADA and IDEA violations for students with disabilities. As a result, the court concluded that the civil rights claims did not meet the standard of being likely to succeed on the merits.

DCPS pleased, while Empower DC will keep fighting

In an email to members following the decision, Empower DC Organizer Daneil Del Pielago wrote:

While Judge Boasberg ruled against the injunction to stop school closures this afternoon, our case is still alive and we will continue to fight. The Judge was wrong — there is significant racial bias in the school closings decision. We are fighting not only to have equal access to neighborhood public schools but to save the fabric of our communities that is threatened by displacement and gentrification. This is as much about who gets to live in DC ten years from now as it is about our schools.

On Saturday, May 25th, Empower DC will hold an “Education Campaign Meeting — Next Steps for Saving Our Schools” from 12-2 pm at First Rock Baptist Church, located on 4630 Alabama Avenue SE.

In a statement Chancellor Henderson said, “Judge Boasberg’s opinion today allows DCPS to move forward with our critical work to improve all our schools and provide more resources across the District.”