TRAVIS LOLLER,Associated Press Writer
NASHVILLE — Plaintiffs challenging the rezoning of Nashville's public schools claim the plan is a pretext for resegregation.
On the witness stand Tuesday, Frances Spurlock said her daughter, who is African-American, was offered a choice of two failing schools under the rezoning. The sixth-grader had previously attended a majority white school with a much better academic record.
"Why only offer us schools that are not up to par?" she asked.
A U.S. District judge has already ordered that the Spurlocks' daughter be allowed to return temporarily to her previous school after he learned her new school had not received textbooks three weeks into the school year. District Judge John Nixon is considering an injunction in the case, which is expected to last several days.
Attorneys for the school system argue the rezoning is not racially motivated but seeks to increase parent involvement by putting kids in neighborhood schools, offer parents more choices and adjust student populations to match the capacities of the buildings.
Assistant Metro Attorney Kevin Klein told the court in opening statements the school district had been trying to deal with the problem of school utilization for years.
"The buildings were not being used in the most efficient manner," he said. "Some were only used at only 50 percent of their capacity while some had too many people."
In 2007, with the system facing a possible state takeover for poor academic progress, the school board appointed a task force to explore rezoning options. The board eventually adopted that panel's recommendation on a 5-4 vote, with all black members but one voting against and all white members voting in favor.
"The impact has not been discriminatory," Klein said. "There have not been sweeping changes in demographics" at the affected schools.
A second plaintiff, Carol Lewis, told the court she opted to send her African-American granddaughter, of whom she has legal custody, to John Early Middle School under the mistaken belief that it was a magnet school.
It had been a magnet school the previous year and some papers she was sent from the school district even referred to it as a magnet school.
But when she took the child to school on the first day she realized her mistake and tried to transfer to a majority white school with a better academic record. That transfer was denied.
The Spurlocks also had tried to transfer their daughter out of John Early with no success. Frances Spurlock said in court that white families she knew had been able to transfer their children.
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