Politics & Government

District Court Judge Dismisses Racial Discrimination Suit Against LMSD

The decision was made Thursday.

A judge on Thursday dismissed a federal racial discrimination lawsuit against Lower Merion School District that was .

Eight African-American families in 2007 in Lower Merion schools.

The plaintiffs, represented by the Public Interest Law Center of Philadelphia and DLA Piper LLP, allege that African-Americans make up about 14 percent of the school’s special-education programs, despite the fact that African-Americans make up only about 8 percent of the student population each year. The plaintiffs claim that between 2005 and 2008, there were no African-American students in honors, AP or IB classes.

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“Even assuming that plaintiffs put forth evidence that their constitutional rights were violated, there is no evidence that the School District did so based on an official policy or custom or that it was deliberately indifferent to plaintiffs’ rights,” reads the decision of Chief Judge Harvey Battle III of the U.S. District Court for the Eastern District of Pennsylvania.

“The School District’s awareness of an ‘achievement gap’ between Caucasian and African-American students and its failure to eliminate that gap is not evidence of intentional discrimination or deliberate indifference.”

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Lower Merion School District on Friday posted a statement on its website:

“The district is heartened by the outcome and believes the court’s action validates and affirms the dedication and hard work of the entire staff and the fundamental merits of our exemplary and comprehensive educational programs, including special education,” the statement says. 

Jennifer Clarke, executive director of the Public Interest Law Center of Philadelphia, expressed disappointment about the decision when reached by phone late Friday afternoon. Clarke said the judge’s opinion was “limited” in that his decision was based on the lack of evidence of discrimination and not a decision on the absence of discrimination.

“One obvious option for us is to appeal the decision,” Clarke said, adding that will be discussed next week. “This is not a decision that says there’s no discrimination.” 

In addition to the district's statement on its website, District Superintendent Christopher McGinley also sent a letter to staff on Friday.

“Litigation has been divisive, distracting and costly for everyone involved in this case,” McGinley wrote in the letter. But he added, “All members of the community must feel safe and encouraged to speak their minds, share ideas, innovate and express differences in opinion.

“I am hopeful that this ruling will enable all parties to continue moving forward in a positive spirit of open dialogue as we work to close student achievement gaps,” McGinley wrote.  

Lower Merion School District . That settlement is subject to approval by the district’s board of directors.


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