Tangipahoa school desegregation hearing set

• By DAVID J. MITCHELL
• Advocate Florida parishes bureau
• Published: Jun 9, 2009 - Page: 4B

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NEW ORLEANS — A federal judge has ordered a one-day hearing June 30 to hear arguments and testimony on the Tangipahoa Parish School Board’s nearly $200 million proposal to end a 44-year-old desegregation lawsuit.

Pressing plaintiffs’ attorneys to reach a point where a decision could be made on the proposal, U.S. District Judge Ivan L.R. Lemelle agreed to give both sides time to prepare and depose witnesses for the 9 a.m. hearing.

Lemelle also allowed the plaintiffs to hire desegregation expert Leonard Stevens, of Sarasota, Fla., to review the School Board plan but gave him a short timeframe. Stevens must provide his review of the 268-page revised proposal and the outlines of any alternative by June 20, Lemelle ordered.

The ruling came after two hours of arguments in open court and about 40 minutes with attorneys in chambers — after a 30-minute recess.

School attorneys, who had witnesses ready to testify Monday, had argued for an expedited hearing in pleadings and claimed the plaintiffs’ expert request was a delay tactic.

School officials are trying to get the sales and property taxes backing the plan on the ballot Oct. 17 and need a ruling by July 15. The School Board has until June 25 to respond to Stevens’ review.

In discussions with lead plaintiffs’ attorney Nelson Taylor before the ruling, Lemelle said he had no problem with the desegregation expert but wanted things done now and not later as in the past with the case.

“A lot of things were said, ‘OK, let’s do it later,’” Lemelle told Taylor, who has represented the plaintiffs since the early 1970s and argued Monday he was not ready to present evidence.

“We just want a fair chance,” Taylor responded a bit later.

The School Board proposal calls for $187.4 million in school construction and nearly $12 million annually in operational costs for themed magnet schools that would be a key tool in desegregating schools and improving education quality, school officials have said.

The proposal would require a new 1-cent parishwide sales tax; up to 29.5 mills in new property taxes; and rededication of an existing 1-cent parishwide sales tax renewed in 2007.

In court papers, Taylor has called the School Board’s proposal “a massive building plan” that does not do enough to desegregate.

Lemelle opened discussion of the plan Monday by questioning lead school desegregation attorney Charles Patin Jr. about the proposal’s voluntary nature since courts rejected voluntary desegregation plans in the ’60s.