Photo by eshutt

A coalition of activists today filed a lawsuit aimed at stopping the planned closure of 15 D.C. public schools over the next two years. According to the group, the closure disproportionately targets minority and low-income students, violating civil rights laws while not ensuring that educational outcomes will improve.

D.C. Schools Chancellor Kaya Henderson announced late last year that she intended to close 20 schools, but after a number of town hall meetings modified the number downward to 15. She claimed that the schools were largely under-enrolled and occupying under-utilized buildings, meaning that they spent more of their limited resources on upkeep and less on instruction and programming. Thirteen schools are set to close at the end of this school year, with the remaining two closing next year.

But in the lawsuit, filed on behalf of five parents at schools that would close, attorneys claim that 2,792 students would be affected, the overwhelming majority of them African American and low income. Those students would be left with having to travel further to get to school, would suffer from further “churn and instability” after the closure of 23 schools in 2008 and would not be assured improved educational opportunities at new schools.

“The District cannot demonstrate a ‘substantial legitimate justification’ for the disparate impact because it cannot show that its drastic plan to close schools is an educationally necessary action that relates to meeting its educational goals,” claimed the lawsuit, filed by attorney Johnny Barnes.

By closing the schools, D.C. would be violating the Human Rights Act, the Americans With Disabilities Act, and the 1964 Civil Rights Act. Barnes said that in a first hearing on April 4 he will request that a court temporarily halt the planned closures.

D.C. school officials rejected the assertion that the planned closure were aimed at minority students, saying instead that those students would benefit from schools that have more resources and staff.

“Our decision to consolidate schools was based on extensive, thoughtful community engagement as well as input from experts, community members, parents and advocates. Our consolidation efforts will lead to greater equity across the city, including already an increase in the number of art, music and foreign language program offerings at our schools,” said DCPS spokeswoman Melissa Salmanowitz.

“We are confident that our decisions are will ultimately make DCPS stronger and better supportive of our students, our teachers and school leaders and our families. In regards to the lawsuit, we have yet to be served and have not seen the lawsuit, but we vigorously deny any allegations of discrimination,” she added.

School officials say that they only took into consideration enrollment and building utilization when choosing which schools to close. Still, Barnes says that the court could read into those choices a decision to target minority students, which would be a violation of the law.

Barnes said that his was the first lawsuit of its kind filed this year; school closures have been announced in other U.S. cities, including Philadelphia, Chicago and Detroit. Still, D.C. hasn’t seen the type of protests that have hit Chicago, and most elected officials have said that they believe that some schools have to close.