LOUISVILLE, Ky. — A group of parents who could single-handedly delay the start of school for Jefferson County Public Schools (JCPS) for months made oral arguments Friday about why their plight is so vital.
They are trying to get the district to revert to last year's transit plan; while the plan habitually had late morning and afternoon busses, it at least guaranteed transportation to any student that wanted it.
"None of us in this community believe that a student, let alone an African-American student, that graduates from Male or Manual has the same opportunity if not a better opportunity to graduate from a four-year college than if they go to Doss and Valley Station," attorney Teddy Gordon said. He is representing the parents who sued. "That's just not true. That's why we want the disadvantaged kids to go to Male, Manual, and the better schools."
The JCPS Board of Education voted on April 10 to cut transportation to all magnet and traditional schools except for Central High School and Western High School because they have more than 75% of students eligible for free and reduced lunches.
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In court Friday, the district said this had led to 12-14,000 less students having bus transit this school year. Chief Operating Officer Dr. Rob Fulk said last year they transported roughly 62,000 students last year, and 46,000 this year.
The district has not confirmed these numbers after repeated asks from WHAS11 over the last two weeks.
The district's lawyers, led by Byron Leet, had no shortage of responses to these parent's claims on Friday. Leet repeatedly reinforced for the courtroom that no student is being forced to attend a reside school in place of their magnet school, they just no longer have bus transportation.
"So are we here because the transit plan is race-based? Absolutely not," Leet said. "Where is the federal statute that says all students are guaranteed transit? It does not exist."
Judge Rebecca Grady Jennings asked the lawyers if they could please explain to her the difference between the student assignment plan and the transportation plan. Gordon started by saying, "To me, they're the same thing." Leet refuted this, saying the student assignment plan is used to give students ordered choices on where they can go to school, and then the transit plan follows that and gets those students to the schools they have chosen.
Gordon repeatedly said if he can prove Black families are being disproportionately affected by the transit plan, he should win the temporary restraining order and the overall lawsuit. During cross-examination Gordon asked Fulk if African-Americans are being disproportionately effected, to which Fulk replied, "You characterize it as disproportionate, I say 'affected.'"
Another argument by JCPS' lawyers was that the new transit plan is going to be much better for the 46,000 students that still have transit. With their bus driver shortage, this was the only way the school board felt it could get kids to school and home on time.
"[Gordon] alludes to the cataclysmic start to last year, and he's right to an extent," Leet said. "Who in the world wants to go back last year? It's a parade of horribles that's gonna ensue."
Fulk said if the parents win the lawsuit, the bus drivers likely wouldn't be able to start practicing their new routes until October, which could delay the first day of school until November.
The parents said they know the stress they would be putting on the school system, but they have received encouragement from others in the community.
"I've heard both sides. But a lot from my side -- I'm on the west end -- so a lot of the parents from my side say, 'What can we do to help? Thank you for being the voice,'" Taryn Bell, one of the plaintiffs, said.
Jennings said she has to consider a motion to dismiss the suit and the temporary restraining order. She likely will not rule on either of them for at least two weeks.
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