JCPS Suit Dismissed

by Rick Howlett on August 12, 2010

A Jefferson circuit judge has dismissed a lawsuit challenging the Jefferson County Public Schools’ student assignment plan.

Thirteen parents claimed in the suit that the plan violates a state law that gives them the right to enroll their children at the school closest to their home.

JCPS lawyers argued that having the right to enroll doesn’t necessarily guarantee the right to attend a given school.

Superintendent Sheldon Berman (right) says he’s pleased with the decision.                

“Judge Maze basically agreed with the arguments we were making. We made a good case and now we’re going to move forward with the student assignment plan as we were before,” he said.

Jefferson Circuit Judge Irv Maze issued his ruling Thursday, a week after hearing arguments in the case.

Lawyers for the parents say they will appeal the ruling.

“There is a procedure to bypass the intermediate court of appeals and ask the (state) Supreme Court to take it directly. We’ll also file that motion when we file the appeal,” said Ted Gordon (below right), one of three plaintiffs’ attorneys.   

Berman says preparations for the new academic year would not have been disrupted had Maze ruled against JCPS, since the decision would have been appealed by the school district.

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