Received this last night:
A group of concerned parents and citizens of Starkville are challenging a recent decision by the Starkville School Board to require mandatory uniforms for all students. Parents, students, community members, and other Starkville School District stakeholders who disagree with the School Board’s decision are welcome to participate in this legal challenge.
Lawyers will be in Starkville to obtain names and signatures for affidavits of anyone interested in joining the appeal (the appeal documents will be at the meeting for your review and questions). Each person will sign separately, not as a family. Parents must sign for minors under 16. This is your ONLY chance to be part of this case. If a family can afford to help with lawyer costs, donations of $50 per family are welcomed, but NOT required.
Thursday, March 11, 2010
Starkville Parks & Rec Sportsplex, Conference Room
6:00 – 8:00 pm
This meeting will be come and go; there is no requirement to stay the full two hours or to arrive at any certain time. There is no commitment level beyond your signature stating that you agree with the legal challenge.
This is the only chance for YOU to be a part of this case. State law mandates that as a community we have 10 days to file an appeal of the School Board’s decision. The complaint will be filed in the Oktibbeha Circuit Court on Friday, March 12. After that date no additional parties can be accepted.
Support our students, families and community by coming to the Sportsplex on Thursday night!
Loading ...
This is a sad day in Starkville. Believe me, these same parents with sue fever would be the first to sue the school district if something happened to their children at school. They would say the district didn’t do enough to keep the kids safe. A sad sad day, indeed.
Does anyone know on what legal terms a claim against the district is going to be made? The letter is nondescript. As far as I know, implementing unpopular policies isn’t a crime.
Also, in my opinion, this is not only sad, but counterintuitive to what should be within the objectives of the parents. Time in court indicates time away from schools for the school board, administrators, teachers, and students involved. Parents, that’s time away from your jobs and families. You are literally paying someone to make sure your children’s education is left unattended during the trial period.
I believe we should all think this one through before we aggravate an already infected wound in our community. I see a series of appeals in the future, and our kids will be paying the price. This is unfair to Starkville students.
Someone made an interesting observation to me. How can a public school district, who must provide a free education, impose a condition that would cost money that must be met before they can deliver the free education.
Not meant to start a firefight, but a different take on it.
SNEditor, I assume that it is perfectly legal due to the idea that there are nonprofits and church groups within the community acting as alternative aid to underprivileged families or those who qualify as lower-income families. If you offer an alternative to having to pay (see Columbus and West Point), you aren’t excluding those who cannot afford, thereby not discriminating along social status.
Also, consider the way taxes work. In order for you to take advantage of free social services from the community (local taxes for fire, police, etc included), you must pay a % out of various sources, depending upon the service to which you are referring.
Just an idea. No firefight required, and nobody gets hosed.
How can a public school district, who must provide a free education, impose a condition that would cost money that must be met before they can deliver the free education.
Also this applies to: school supplies, summer reading books, sports equipment for athletic activities (cleats, gloves, bats, shoes, etc.)?
SNeditor, it is illegal for the school district to require the uniforms without a waiver policy. It doesn’t matter if community organizations are stepping up or not. Mississippi Code section 37-7-335 says that any fee imposed by a school district upon students must have a way for students with financial need to obtain a waiver from the district. Attorney General’s opinions (like what the BOA were seeking about the school board members) in the past have said that uniforms ARE a fee, and as such the school district must BY LAW provide waivers. There is no exception for schools who have charities volunteering to help. None.
The legal challenge parents are initiating now is less of a lawsuit and more of an appeal of the decision. By state law, we have 10 days to appeal any decision made by the school board which we do not agree with. Both sides (parents and community members opposed to the policy as well as the school board members and administrators) will be heard by a judge and he will decide if the school board made the right decision or not. We do not have to prove that the board acted illegally, just that they did not consider the mountain of concerns voiced by parents and thus acted in way that was arbitrary and capricious when they passed the uniform policy. The fact that board members were rolling their eyes, typing, texting, and otherwise ignoring the statement of community members at public meetings will most certainly be on our side. The school board has a duty to hear and consider the stakeholders whom it represents. We had two surveys which showed parents didn’t want uniforms. After that we had a large out-turn at the forum. After that we had 10 parents on the school board agenda. None of the concerns of parents were ever discussed by the board, no concrete reason or explanation of how it would make kids safer was ever given, despite multiple, multiple requests from parents.
The school board may think they are an autonomous group who can do whatever they want despite what the community they serve desires. Thankfully Mississippi law is written in a way to provide this way to check their decisions.
“Also this applies to: school supplies, summer reading books, sports equipment for athletic activities (cleats, gloves, bats, shoes, etc.)?”
Actually, it does not apply to those things, because no student will be denied an education or disciplined for lack of supplies, book, sports equipment, etc. However, a student can and will be disciplined (ISS/OSS/Suspension) for not having school uniforms. If they were not, then how would the policy ever be enforced? There is a big difference, and it’s not just my opinion, it’s state law.
Yeah, that’s fabulous research, Sarah. But you’re making one huge legal error, which I’m sure you guys will figure out soon enough, but I’m not going ot be the one to spoon-feed you. I see a setback and lawyer-firing in your future. Best of luck to you.
Likely, the action is not a lawsuit- it is likely a Bill of Exceptions, hence the 10 day limit on filing the appeal.
If so, the following is based on the criteria for filing a Bill of Exceptions against the City, which should be the same for any such body. This is the same type of appeal the Academy Place and Stonegate Homeowners filed against the City on the Academy Rd. rezoning issue.
The Starkville School District is considered a “Quasi-Judicial Body”, therefore, it is considered to be similar to other judicial bodies– i.e. courts. It is an uphill battle to overturn such decisions. The court will look at the evidence presented prior to the decision (i.e. no new evidence can be presented) to see if the decision was:
…unsupported by substantial evidence; was arbitrary of capricious; [or] was beyond their scope or powers.
The court will look to determine if the Board’s decision is fairly debatable– if found to be fairly debatable, the decision cannot be deemed as arbitrary and capricious– thus cannot be overturned on those grounds.
Therefore, the legal question does not center on whether or not the process was fair (it surely wasn’t for the 100+ homeowners affected by our city leaders about-face on zoning and short-term memory on campaign promises). The problem for the appelants will likely be the Court will find the issue “fairly debatable”, thus negating the grounds for appeal on grounds of being “arbitrary and capricious”.
Just be prepared- there is a 60%+ probability the SSD’s decision will be upheld. Judges do not like these cases and, in Mississippi, there is often little case law found to help.
Also realize the Board of Aldermen have no say so whatsoever in the management of the School District. The only input the Board of Aldermen has is in appointing members.
Sarah-
Don’t be too impressed with the writing of Mississippi Law just yet. You might quickly find although it exists, the road it takes you down has more potholes and traffic to get through than S Montgomery at 7:45AM.
Well said, John. Thank you for an educated opinion in a forum that really needs more than one.
It is fairly obvious that the group who is seeking to sue is not representative of the community. The majority of parents of SSD students are a lot more rational.
The very vocal minority is at work here. They are the same group of parents who is pushing students at SHS to wear maroon armbands in protest of the school board. They actually cooked that one up on Facebook while their kids were at school. Even went so far as to say that they should be sure to make it look as though the idea came from the students.
Maybe I am just more curious than most but I wonder if they held a public forum to decide what color of armbands would be best. I wonder if they did a survey to determine which days the armbands should be worn. Did they do a follow-up survey just to be absolutely certain? Did they seek input from all shareholders in an attempt to be fair in their fabric selection for those students with sensitive skin? What if a student wants to wear a wristband or a legband or a fingerband or a headband? Did they provide for those students? What about those students who can’t afford the armbands? What churches or non-profit groups are going to provide those?
Ridiculous? Perhaps others feel the same way about what this group is attempting.
Nobody has to wear an armband that doesn’t want to, SSD Supporter. It’s completely optional. And there’s the difference.
As for your other concerns, rest easy. The armbands are free and students can wear them anywhere they want (you’re even welcome to wear yours up your…)
Sophie-Anne says:
March 10, 2010 at 5:57 pm
“Well said, John. Thank you for an educated opinion in a forum that really needs more than one.”
Sophie-Anne-I am not certain, but you may be a twat. That’s not very educated of me to say, but man it feels good.
Moderator-I understand if you cannot let the above post slide. Catharsis does not always require a large audience and I hope you enjoyed it as much as I.
Classy, Starkville Mom and Rufus, very classy.
From what I’m seeing, seems like the students should be embarrassed by the parents – this group doesn’t appear to be setting a very good example. Sarah and Mom, feel free to start bashing me for my opinion since it doesn’t meet your standards~
How mature of you Rufus. When the going gets tough, the weak resort to swearing. Your mother must be proud—but with your attitude, you’d probably call her one too, right? Classless. Truly classless.
When you look at the home school and private school populations in Starkville, a lot of folks have given a no confidence vote to the Starkville School District with their feet. Instead of walking, we want to make our schools better. Decisions based made in isolation without justification, is simply not acceptable anymore. Open meetings are a place for discussion and dialogue. We want real discussion about real issues with real solutions. Uniforms, textbooks, safety, scheduling, etc – pick a topic and it is not being addressed adequately.
Don’t judge any group based on what I say. I do not have any kids and my opinion is my own.
ko-
The Academy is here because a lot of the parents don’t want their kids going to school with black children. The Christian Scools are here because they want a religious based education not found in public schools. The public schools are here for the rest of us and are doing a lot of things well. I don’t have a problem with a dress code after seeing what kids are wearing -or not wearing- these days.
Tell it like it is, BoardtownDawg!
Wait, what? Whose opinion did I bash? I have criticized the actions of some people, but we are ALL entitled to our own opinions.
So far on this site I’ve been called a tiny being, uneducated, a spoiled child, and told to leave town. And I’m the one bashing? Really? REALLY?
I’ve criticized the school board and Pickett Wilson in particular, and I’d do it again. I have a right to tell how she acted at that board meeting, and if she didn’t want it told then she should have behaved herself better. It’s all public record, anyway.
It might be easy for those of you without children in Starkville schools who are just “watching this parade go by” to call those of us who are speaking out names. I’m sure it’s easy to marginalize and ignore the sad state of our school district when your child’s future is not resting on the leadership of this school board and superintendent. I don’t have that luxury.
Thankfully for me we live in a country where there is a system set up for people to appeal decisions they don’t agree with, and where we can act to change the leadership which represents us when they aren’t doing the job to our satisfactions. I remember a lot of people moaning about it being a long 4 years when Wiseman won Mayor. I’ll just say I feel the same way about this school board. If you don’t agree, that’s fine. It really is. But it doesn’t mean I’m going to stop pushing for a change. It doesn’t mean I’m going to suddenly be fine with uniforms. And it doesn’t mean I’m “bashing” anyone when I speak my opinion. None of this is personal to me except that it’s my children in those schools and I want the BEST for them. If that’s not happening, then you can bet money I’m going to do EVERYTHING POSSIBLE to make it right. I’d rather act to fight this policy and lose, than do nothing and wish I had.
Sarah, no one is margainalizing or ignoring anything. As I have said, we all pay taxes whether we have kids or not and therefore are concerned. As Randy posted, you’re basically going to complain one way or another, so don’t get your feathers in a ruffle so early in the day. Continue your rant and try to enjoy the beautiful sunshine today.
I’m still scratching my head and wondering why you single out ONE board member, when the vote was UNANIMOUS. I would think your anger would be greater for the members who changed their votes. This appears to be a vendetta towards this one member. You people need to wake up and realize you do NOT have the support of this community, and in fact,you are an embarrassment to this community and to your children. I would roll my eyes over this whole situation, but I guess that would invite you people to file a lawsuit against me.
Sarah, I think some of the people you continue to libel are tight with a number of big-time lawyers. Are you really sure you want to go there?
Sarah, please add “liar” to the list of things you have been called.
Too bad the energy and money being spent (for the lawsuit) against the school uniforms issue is not being spent on things like, oh, I don’t know, suporting the teachers, arguing about curriculum, volunteering for other school activities. All the naysayers against this silly issue should focus on something more important, say decreasing the drop out rate or increasing state test scores??!!
Why not send your kids to private schools if you don’t like the uniform policy…oh wait. They require uniforms TOO. Ever wonder why that is??
Okay folks, I was one of the vocal parents. After talking and listening to both sides, we have made a decision to support the school district. In my personal meetings, I now realize these changes are for the better of our community and our schools. Actually, I was surprisingly impressed. AND get ready folks, more changes on the horizon!
I also learned I am not the only vocal person that was/is riding the fence. (shocking to say the least) I will admit that this issue has consumed a majority of my time and effort that I should have spent with my family and my job. The emails, phone calls, and meetings are of the past….we are moving on!
Feeling feather light and comfortable with our decision!
See you at the Black & Gold parade!
P.S. I am pledging my 50 bucks to families in need! Also joining the PTA!
Well said Momof2 – but keep in mind that the parents creating this mess aren’t real interested in those issues. I can just imagine what they’d be saying/doing if they were confronted with an issue like the Itawamba school is having.
Change of Direction, I have no idea who you are but I have a lot of respect for you for your post. Thank you for being a rational adult, listening to all sides of the issue and making up your mind to do what you feel is best.
I’m with you, Change! It is time to move forward.
Rufus Whofus? I’ve been called much worse. [dusts dirt off shoulders]
On a much more important note than anything Whofus would contribute to the conversation, I’d like to add that the SDN report on this story is embarrassing. Brian Hawkins needs to consider who he hires from now on.
Sophie – according to the article in the SDN, the group of parents are asking for 50.00 donations toward legal fees. Ok, that’s fine, but I’m thinking truly concerned parents are going to use their 50.00 for uniforms for their kids. As for the writer of the article – seems like she quoted Sarah and basically said what’s been in other newspapers. Unless I missed something, I did not see that she interjected her own opinions at all. As for being embarrassing – well, you did get that right, but it wasn’t the article in the paper that’s causing the embarrassment.
I don’t care how this ends up, but those of you so offended by the parent speaking against the uniforms should really chillax. Who cares if they want to spend their time and money fighting this thing. It’s not like they’re killing puppies or personally attacking your mom. You guys aren’t the school board members or administrators who made the policy, which seems to be the only ones these folks are criticising. Let them complain. Maybe it’ll work out for them and maybe it won’t, but that’s their problem.
And I can understand a parent wanting to stop this spending $50 to do it. I’m sure in their mind that’s less than it’ll cost them to put uniforms on their kids for even the first year. It’s a gamble but maybe it’ll work out for them. Probably not, but apparently they’re willing to take that risk.
I do not have kids, but I am not just “watching the parade go by”. I hope to have them one day and I am very interested in how this issue resolves. I am interested in what the school board does and how they handle this situation. I pay my taxes and live here, too. I also agree with “who cares”, in that the people who do not agree with the board’s decision are taking maybe the only option left to them, which is to sue. Why do so many have such a huge problem with that? If the decision to implement uniforms is sound and has the support some claim, it will still be there when the dust settles. I wish all parents would get involved and fight for what they think is right for their children. That would improve the quality of our schools more than any single thing, in my opinion.
On a related note, why not put this up for referendum? I do not know the legal ins and outs of that, but it would settle the support issue. The first problem I see would be paying for it out of the school budget and I do not think the board would go for that, but just a thought.
Sophie-Anne- Way to get up off the mat.