U.S. Judge William Wayne Justice Rules Against Texas Children Desiring Better Education

The Bryan-College Station Eagle ^ | August 9, 2005 | Craig Kapitan

[texianyankee]

Hundreds of students who have transferred from Hearne to the Mumford Independent School District will have to go home to reverse an illegal "white flight" trend that has segregated the districts, according to a ruling delivered out of a federal court last week.

U.S. District Court Judge William Justice described Mumford as maintaining a "pattern of fraudulent conduct" in past years as it solicited transfers from Hearne, increasing its enrollment of white students over a 10-year period by 3,540 percent.

The judge's ruling permanently bars the TEA from funding transfers to Mumford that "reduce or impeded racial desegregation at Hearne ISD."

By arguing the transfers out of Hearne affected white enrollment there by -2.82 percent, Mumford "misuses the data and confuses 'percent' with 'percentage points.'

Hearne desegregated its schools in the 1970s, but white families remained reluctant to send their children to a formerly all-black school in a predominantly black area of town, the judge wrote, citing testimony from Morris McDaniel, who retired in 2002 as the town's first black superintendent.

The school district began an "ability grouping" plan where students were divided among two elementary schools separated into lower and higher ability classes. The result was a resegregation.

After an accreditation by the TEA in 1990, the district dropped the plan. Hearne's overall enrollment of white students began declining each year after, while Mumford's population began a steady ascent.

"Hearne parents started transferring their children in earnest around 1991 or 1992," Justice wrote. "Even Hearne school board members transferred their children out of [formerly all black] Blackshear [Elementary School].

"As the leaders of Hearne, these members' decisions to transfer their children raised serious questions in the community about their school district and exacerbated the transfer problem for Hearne."

[texianyankee]

I understand the Hearne school district has had a problem with reaching an acceptable level of achievement in the education field and as a result, some parents concerned for their children's education have sought out a better educational system in the Mumford School District.

[sageb1]

"The school district began an "ability grouping" plan where students were divided among two elementary schools separated into lower and higher ability classes. The result was a resegregation."

Kinda tells the story right there.

[Red Badger]

Choice? you want "Choice"????? I got your CHOICE right here!..........

[JohnLongIsland]

look who the judge is and you could guess the decision

[gumboyaya]

Good ol judge Justice, who gave us work free prisons and a tv in every cell. This jerk will go straight to hell.

[One Proud Dad]

Gee, I thought he was dead. This is the same ass that screw the Texas prison system awhile back. I cannot name one person who thinks highly of him except himself. I met him a couple of times. Looks like Ebenzer Scrooge and acts like it. He made the statement once somthing like "Texas cannot do without me" when asked when or if he'd retire.

[Captain Rhino]

Some numbers from the article to give some perspective on the issue:

Between 1990 and 2000 Hearne's white enrollment decreased by 68 percent. Meanwhile, Mumford's population of white students grew by 3,540 percent during that same time period.

Before 1991, Mumford had 57 students - five of whom were white - and served only kindergarten through eighth grade. High schoolers were sent to Hearne. But by the 2002-03 school year, it had ballooned to 500 students and included high school classes. Only 102 of those students actually lived in Mumford.

And by the 2004-2005 school year, all five of Mumford's busses were driving into Hearne to pick up students.

In the ruling, Justice specifically scolded Mumford Superintendent Pete Bienski. The district illegally didn't report transfers at all until 1998, and after that point, Bienski began fraudulently using narrow exemptions to continue the exodus, the ruling states.

As recently as the 2000-01 school year, the school district inaccurately reported its transfers - pegging the number at 200 then later revising it to 348.

[texianyankee]

Thanks for posting the rest of the article. I tried to "edit" where I thought feasible so as to fit the required limit of words.

[funkywbr]

So if the minority students are disrupting learning where everybody FAILS it's OK by the courts?

[Mind-numbed Robot]

This is judicial activism as much as ignoring the constitution when ruling on cases. The court should only rule and the executive branch should enforce, not the court.

[Constitutionalist Conservative]

Check out the red/blue county map from the 2000 election. See that lonely blue county near the middle of Texas? That's where Hearne is. In a year when even the county containing the Peoples' Republic of Austin went for W, Hearne went for Gore.

[deport]

Looks like the good Justice William Wayne Justice has struck again ..... Robin Hood was his baby wasn't it along with the prison concept now in use? Isn't he on senior status?....

[deport]

Hearne Texas is one of the few places where Walmart closed its store and moved on down the road...

[Dog Gone]

He's on senior status and how he managed to end up with this case is not known to me. Hopefully, the 5th Circuit will reverse on appeal.

Justice has always wanted to create a liberal utopia by judicial decree.

[texianyankee]

" See that lonely blue county near the middle of Texas? That's where Hearne is. In a year when even the county containing the Peoples' Republic of Austin went for W, Hearne went for Gore."

You are so correct...that is Robertson County. I understand that other students are transferring to another school district in Franklin, too.

[texianyankee]

I am relatively new in the area - live in Brazos County - but I heard that report as well....too much employee theft.

[deport]

Hearne also was the focal point of Narcotics Task Force raid at a housing project back in 2000 where 27 blacks were arrested. An ACLU suit filed in 2003 about the arrest was settled a few months back.....

As far as Walmart they like to say it killed Hearne twice.... Once when they blew into town and caused the closings of many of the small main street merchants, etc and the second time when they closed the doors in the 80s and left town.

[Betty Jane]

O.K., this judge just told Mumford they can't take these kids anymore. The new question is where will these kids go? Most of them will probably not go to Hearne. Will the Judge then order the parents to send their children to Hearne? How can he enforce that?

[COEXERJ145]

Judge Justice is a living example as to why federal judges must serve limited terms. At the rate he is going, he will still be on the bench spewing his poison when every elementary school child in Texas is long dead and their great grandchildren are suffering from his rulings.

[COEXERJ145]

I am relatively new in the area - live in Brazos County - but I heard that report as well....too much employee theft.

Exactly. I've lived here in Bryan/College Station most of my life and I remember when Wal-Mart had to leave Hearne. They were losing too much money due to employees (and their relatives) constantly stealing (mostly high priced) items.