Group appeals takeover of schools

• By JOE GYAN JR.
• Advocate staff writer
• Published: Jun 18, 2009 - Page: 2B

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An attorney for parents and teachers trying to block the impending state takeover of eight failing Baton Rouge public schools urged an appeals court Wednesday to reverse a judge’s dismissal of their lawsuit.

But Mike Rubin, a lawyer for the state Department of Education and state Board of Elementary and Secondary Education, countered that state District Judge Todd Hernandez correctly ruled the five plaintiffs lacked standing to sue in this case.

East Baton Rouge School Board member Jay Augustine, one of the plaintiffs’ attorneys, said he hopes the state 1st Circuit Court of Appeal panel rules quickly because the takeovers are scheduled July 1.

The School Board is not a party to the suit filed in February. Hernandez dismissed the suit in March.

Augustine asked Circuit Judges James Kuhn, Edward “Jimmy’’ Gaidry and John Pettigrew to send the case back to Hernandez for a trial on the group’s request for an injunction.

The panel took Augustine’s and Rubin’s arguments under advisement without indicating when a decision would be issued.

BESE voted in January to take over the schools, which are being placed in the state-run Recovery School District. The RSD already runs four Baton Rouge public schools.

The suit’s plaintiffs are Mary Triplett, the guardian of two children attending Capitol Elementary; Deborah Ross, the mother of a student at Capitol Middle; Pearl Porter, identified as an independent child welfare advocate in Baton Rouge; Edwin Lee, a teacher at Capitol Middle; and Viki Guillot, a guidance counselor at Kenilworth Middle.

Hernandez said Triplett and Ross do not have children who attend or attended an RSD school or are in need of alternative schooling; Porter’s general concern about child welfare does not give her a “real and actual interest’’ to complain about the absence of RSD alternative schools; and Lee and Guillot will remain employees of the East Baton Rouge Parish school system even if a school is taken over by the RSD.

“Taxpayers have the lawful right to enjoin governmental action,’’ Augustine argued to the appellate court judges.

Rubin, however, noted that parents and guardians of children whose schools are slated for state takeover have “an absolute right’’ to keep those children in an East Baton Rouge Parish school.

The plaintiffs claim RSD schools have rampant truancy, in part because the schools have not created an alternative program — such as Valley Park Alternative School — for misbehaving students.

“When children are on the street (instead of in school), there is the threat of irreparable injury,’’ Augustine argued. “We deserve a hearing on that matter.’’