Judge orders motions in Avoyelles "unitary schools" bid

U.S. District Judge Dee Drell has instructed Avoyelles Parish school system officials to file motions to achieve "unitary status," which could end the long-running lawsuit over desegregation of parish schools.
During a status hearing on January 23, Judge Drell ordered the Avoyelles Parish School Board (APSB) and District Attorney Charles Riddle to file motions seeking unitary status for the areas of student assignment and facilities. Those two items are the last two "Green Factors" to be addressed before the school system can be declared unitary.
Drell is expected to consider any motions in the case during a full hearing on July 24 or July 25. A ruling could be issued during the hearing or within a few weeks after the hearing.
The term "unitary" is used to differentiate between the former racially segregated school systems in which there were in effect two systems in a parish. Desegregation suits across the South were filed to force an end to "dual" public school systems and create "unitary" systems. The School Board met in a brief closed session on February 4 and voted 6-3 to authorize Riddle to file the two motions. Board members Liz Ned, Freeman Ford and Shelia Blackman-Dupas voted against granting permission.
U.S. Justice Department officials toured several of the schools in the parish in January. Frank Brewer, a Justice Department facilities expert, and Justice Department attorney Aaron Zisser were two members of the group. The group visited Avoyelles High, Bunkie New Tech High (BNTH) and Bunkie Elementary Learning Academy (BELA). At Avoyelles High, the group viewed the new modular building planned for the school. The officials were shown four new classrooms at BNTH and the new multi-purpose gym being constructed at BELA. Prior to the January hearing, the Justice Department said it did not oppose the APSB’s motion to begin construction at Avoyelles High.
However, during the January hearing, Judge Drell gave the plaintiff, Allen Holmes, time to give reasons why the modular building at Avoyelles High could not be started. Drell approved the motion on Friday, February 28. Construction on the 10,000-sq. ft. building can now begin. School officials had been concerned that delaying construction would increase the project’s cost. Bids were accepted in late 2013. Federal officials have already commented on the cost of the project, which has increased from an initial estimate of $350,000 in April 2013 to a current estimated cost of $870,000.
“This additional expense associated with the AHS project reflects multiple significant changes in the scope and design of the project, including an outside walkway rather than an indoor hallway, thus requiring roof coverage extending beyond the edge of the building itself,” Zisser wrote. “While this appears to be a cost-effective investment that will ensure the building can be used for a longer period of time, it represents a significant departure from the original scope of the project as agreed upon....” Zisser said the AHS project now dwarfs the cost of each of the other projects and almost exceeds the combined cost of the other projects.
“While the United States appreciates that the district is seeking to take advantage of the fact that a building has been donated to it, the cost of improvements required to make the building functional substantially exceeds the original projected cost of constructing a new building and may entail additional costs that are not yet identified,” Zisser continued. “By refraining from opposing the expansion requested in the instant motion, the United States does not consent to any additional related expenses that may arise.” Zisser noted the building will be worth an estimated $1.4 million once construction is completed and will replace the portable buildings at the school.
The appraised estimate is far above the estimated cost of $870,000 to put the building together. Federal officials raised a concern that the improvements at Avoyelles High could affect the balance at other majority African-American schools, such as attracting white students who might otherwise attend the magnet program at BNTH. Zisser wrote that if the new construction at AHS had negative effects on other schools, the court could revisit the plan to see if additional construction projects would be needed at majority African-American schools. He noted that some community leaders have said BNTH needs a new auditorium.
The Justice Department said it may be “premature" to grant unitary status until all the construction projects are completed. The project at AHS will not be completed until November or December of this year, if the work could start quickly, which is after the court's July hearing.