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SCSJ Secures Legal Victory for Heirs' Property Preservation

Thanks to efforts led by Southern Coalition for Social Justice families with heirs' property can sleep a little more soundly this evening. On January 21, 2011, the North Carolina State Bar Council approved 2009 Formal Ethics Opinion 8. Most significantly, this ethics opinion limits the circumstances in which an attorney for property developers can also serve as a commissioner selling the land in question. This clear conflict of interest can result in one attorney driving a difficult to understand process that results in the loss of property that has been in a family for centuries. “Partition actions are still a danger to families with heirs’ property, which is particularly common in rural African-American families. And, while it cannot solve all problems relating to partition actions, 2009 FEO 8 makes these proceedings a little more equitable for those trying to hang out to their ancestral lands,” said SCSJ staff attorney Chris Brook. Picture: The Freeman family stands on Freeman Beach, a historically black-owned beachfront property located at the north end of Carolina Beach that was the only beach accessible to African Americans in the South during Jim Crow years. SCSJ represents Freeman family heirs in preserving the land from a takeover by a developer.

Maintaining racial diversity in schools

____________________ America's strength has always been a function of its diversity, so it is troubling to see North Carolina's Wake County School Board taking steps to reverse a long-standing policy to promote racial diversity in its schools ["In N.C., a new battle on school integration," front page, Jan. 12]. The board's action has led to a complaint that has prompted an investigation by our Office for Civil Rights, but it should also prompt a conversation among educators, parents and students across America about our core values. Those core values, embodied in our founding documents, subsequent amendments and court rulings, include equity and diversity in education and opportunity. In fact, on Monday we celebrate the life and leadership of Dr. Martin Luther King Jr., whose movement for racial equality inspired a nation and brought us closer to the more perfect union envisioned by our founders. In an increasingly diverse society like ours, racial isolation is not a positive outcome for children of any color or background. School is where children learn to appreciate, respect and collaborate with people different from themselves. I respectfully urge school boards across America to fully consider the consequences before taking such action. This is no time to go backward. - Arne Duncan, Washington The writer is U.S. education secretary.

In N.C., a new battle on school integration

____________________ By Stephanie McCrummen Washington Post Staff Writer IN RALEIGH, N.C. The sprawling Wake County School District has long been a rarity. Some of its best, most diverse schools are in the poorest sections of this capital city. And its suburban schools, rather than being exclusive enclaves, include children whose parents cannot afford a house in the neighborhood. But over the past year, a new majority-Republican school board backed by national tea party conservatives has set the district on a strikingly different course. Pledging to "say no to the social engineers!" it has abolished the policy behind one of the nation's most celebrated integration efforts. And as the board moves toward a system in which students attend neighborhood schools, some members are embracing the provocative idea that concentrating poor children, who are usually minorities, in a few schools could have merits - logic that critics are blasting as a 21st-century case for segregation. The situation unfolding here in some ways represents a first foray of tea party conservatives into the business of shaping a public school system, and it has made Wake County the center of a fierce debate over the principle first enshrined in the Supreme Court's 1954 decision in Brown v. Board of Education: that diversity and quality education go hand in hand. The new school board has won applause from parents who blame the old policy - which sought to avoid high-poverty, racially isolated schools - for an array of problems in the district and who say that promoting diversity is no longer a proper or necessary goal for public schools. "This is Raleigh in 2010, not Selma, Alabama, in the 1960s - my life is integrated," said John Tedesco, a new board member. "We need new paradigms." But critics accuse the new board of pursuing an ideological agenda aimed at nothing less than sounding the official death knell of government-sponsored integration in one of the last places to promote it. Without a diversity policy in place, they say, the county will inevitably slip into the pattern that defines most districts across the country, where schools in well-off neighborhoods are decent and those in poor, usually minority neighborhoods struggle. The NAACP has filed a civil rights complaint arguing that 700 initial student transfers the new board approved have already increased racial segregation, violating laws that prohibit the use of federal funding for discriminatory purposes. In recent weeks, federal education officials visited the county, the first step toward a possible investigation. "So far, all the chatter we heard from tea partyers has not manifested in actually putting in place retrograde policies. But this is one place where they have literally attempted to turn back the clock," said Benjamin Todd Jealous, president of the NAACP. School Board Chairman Ron Margiotta referred questions on the matter to the district's attorney, who declined to comment. Tedesco, who has emerged as the most vocal among the new majority on the nine-member board, said he and his colleagues are only seeking a simpler system in which children attend the schools closest to them. If the result is a handful of high-poverty schools, he said, perhaps that will better serve the most challenged students. "If we had a school that was, like, 80 percent high-poverty, the public would see the challenges, the need to make it successful," he said. "Right now, we have diluted the problem, so we can ignore it." So far, the board shows few signs of shifting course. Last month, it announced that Anthony J. Tata, former chief operating officer of the D.C. schools, will replace a superintendent who resigned to protest the new board's intentions. Tata, a retired general, names conservative commentator Glenn Beck and the Tea Party Patriots among his "likes" on his Facebook page. Tata did not return calls seeking comment, but he said in a recent news conference in Raleigh that he supports the direction the new board is taking, and cited the District as an example of a place where neighborhood schools are "working." Beyond 'your little world' The story unfolding here is striking because of the school district's unusual history. It sprawls 800 square miles and includes public housing in Raleigh, wealthy enclaves near town, and the booming suburbs beyond, home to newcomers that include many new school board members. The county is about 72 percent white, 20 percent black and 9 percent Latino. About 10 percent live in poverty. Usually, such large territory is divided into smaller districts with students assigned to the nearest schools. And because neighborhoods are still mostly defined by race and socioeconomic status, poor and minority kids wind up in high-poverty schools that struggle with problems such as retaining the best teachers. Officials in Raleigh tried to head off that scenario. As white flight hit in the 1970s, civic leaders merged the city and county into a single district. And in 2000, they shifted from racial to economic integration, adopting a goal that no school should have more than 40 percent of its students qualify for free or reduced-price lunches, the proxy for poverty. The district tried to strike this balance through student assignments and choice, establishing magnet programs in poor areas to draw middle-class kids. Although most students here ride buses to school, officials said fewer than 10 percent are bused to a school to maintain diversity, and most bus rides are less than five miles. "We knew that over time, high-poverty schools tend to lose high-quality teachers, leadership, key students - you see an erosion," said Bill McNeal, a former superintendent who instituted the goal as part of a broad academic plan. "But we never expected economic diversity to solve all our problems." Over the years, both Republican and Democratic school boards supported the system. A study of 2007 graduation rates by EdWeek magazine ranked Wake County 17th among the nation's 50 largest districts, with a rate of 64 percent, just below Virginia's Prince William County. While most students posted gains in state reading and math tests last year - more than three-quarters passed - the stubborn achievement gap that separates minority students from their white peers has persisted, though it has narrowed by some measures. And many parents see benefits beyond test scores. "I want these kids to be culturally diverse," said Clarence McClain, who is African American and the guardian of a niece and nephew who are doing well in county schools. "If they're with kids who are all the same way, to break out of that is impossible. You've got to step outside your little world." 'Constant shuffling' But as the county has boomed in recent years - adding as many as 6,000 students a year - poverty levels at some schools have exceeded 70 percent. And many suburban parents have complained that their children are being reassigned from one school to the next. Officials blame this on the unprecedented growth, but parents blame the diversity goal. "Basically, all the problems have roots in the diversity policy," said Kathleen Brennan, who formed a parent group to challenge the system. "There was just this constant shuffling every year." She added: "These people are patting themselves on the back and only 54 percent of [poor] kids are graduating. And I'm being painted a racist. But isn't it racist to have low expectations?" As she and others have delved deeper, they've found that qualified minority students are underenrolled in advanced math classes, for instance, a problem that school officials said they've known about for years, but that strikes many parents as revelatory. Some have even come to see the diversity policy as a kind of profiling that assumes poor kids are more likely to struggle. "I don't want us to go back to racially isolated schools," said Shila Nordone, who is biracial and has two children in county schools. "But right now, it's as if the best we can do is dilute these kids out so they don't cause problems. It sickens me." In their quest to end the diversity policy, the frustrated parents have found some influential partners, among them retail magnate and Republican operative Art Pope. Following his guidance, the GOP fielded the victorious bloc of school board candidates who railed against "forced busing." The nation's largest tea party organizers, Americans for Prosperity - on whose national board Pope sits - cast the old school board members as arrogant "leftists." Two libertarian think tanks, which Pope funds almost exclusively, have deployed experts on TV and radio. "We are losing sight of the educational mission of schools to make them into some socially acceptable melting pot," said Terry Stoops, a researcher at the libertarian John Locke Foundation. "Those who support these policies are imposing their vision on everyone else." 'Disastrous' results Things have not gone smoothly as the new school board has attempted to define its vision for raising student achievement. A preliminary map of new school assignments did not please some of the new majority's own constituents. And critics expressed alarm that the plan would create a handful of high-poverty, racially isolated schools, a scenario that the new majority has begun embracing. Pope, who is a former state legislator, said he would back extra funding for such schools. "If we end up with a concentration of students underperforming academically, it may be easier to reach out to them," he said. "Hypothetically, we should consider that as well." The NAACP and others have criticized that as separate-but-equal logic. "It's not as if this is a new idea, 'Let's experiment and see what happens when poor kids are put together in one school,' " said Richard Kahlenberg, senior fellow at the Century Foundation, a think tank that advocates for economic integration. "We know. The results are almost always disastrous." Many local leaders see another irony in the possible balkanization of the county's schools at a time when society is becoming more interconnected than ever. "People want schools that mirror their neighborhood, but the bigger picture is my kid in the suburbs is connected to kids in Raleigh," said the Rev. Earl Johnson, pastor of Martin Street Baptist Church in downtown Raleigh. "We're trying to connect to the world but we're separating locally? There is something wrong."

National Association of Black Journalists’ Webinar on Redistricting

_________________________ From the NABJ website: "Among the unreported subjects that are expected to emerge as a hot button issue after the mid-term election is redistricting and how our main political parties will be affected by the results of the recently completed U. S. Census. To learn more about this subject and develop enterprise ideas, please join the NABJ Media Institute webinar, “Deciphering the Numbers: The Untold Stories of Redistricting.” This free webinar will be held on Wednesday, December 15th at 11:00 a.m. (EST) and will feature Anita S. Earls, Executive Director, Southern Coalition for Social Justice and Charles Robinson, Correspondent/Associate Producer, Maryland Public Television, NABJ Region II Director. The webinar will explain the impact of redistricting on voting patterns and ultimately our system of government. In addition, the discussion will also explain the numbers behind re-districting and how to disseminate accurate and insightful information.. This webinar is for journalists serious about improving their ability to capture unique content for their organizations and the eventual dissemination of information that could help journalists develop new stories and hence a more explanatory way of news reporting. News managers, producers and especially local reporters are highly encouraged to attend." Click here to register.

Chatham's say-so

____________________ Cary, along with Apex and Morrisville, wants to run a sewer line through southeastern Chatham County as the link between a planned new wastewater treatment plant and the Cape Fear River. But for some reason, Chatham residents aren't strewing roses in the Wake Countians' path. And without the Chatham Board of Commissioners' approval, the line doesn't get built. Talk about leverage. For that approval to be forthcoming, Chatham has given Cary a list of demands to be met - including, no more of those pesky cross-border annexations without Chatham's OK. And no Chatham property could be condemned for the sewer line. So, how many millions would the final, essential parcel command? The treatment plant would be built in the Wake community of New Hill, where residents understandably are opposed. It would fulfill a mandate to keep treated wastewater in the Cape Fear basin, a worthy objective. But this project as now conceived has so many issues, it might be better if it just went down the drain.

SCSJ Leads Another Successful Wills' Clinic in Tarboro

Woodra Harrell of Tarboro, North Carolina just could not stop raving about her wills’ clinic experience. One of 19 people who received 62 end of life documents on November 13 and November 14, 2010, Mrs. Harrell “would recommend” the Southern Coalition for Social Justice wills’ clinic “to anyone” despite the “daunting subject matter.” “Sometimes when you get something done for free people make you feel that. It was not that atmosphere at all. [SCSJ] cared and made you feel part of the process,” concluded Mrs. Harrell. And we couldn't be happier for that! The Tarboro wills' clinic is SCSJ's third since July. Thanks to our coordinating attorney Becky Jaffe, the Edgecombe County Agricultural extension, 10 UNC and Campbell law student volunteers and the serviced families who all made it possible!

Heirs' Property Owners One Step Closer to Legal Victory

On October 28, 2010, the North Carolina State Bar Ethics Committee unanimously passed 2009 FEO 8, an ethics opinion protecting heirs' property owners in North Carolina. The opinion forbids attorneys from both representing developers seeking to partition heirs' property and serving as the commissioner tasked with selling this family land at auction. When an attorney holds these two roles, developers can purchase the land for cheap and family members' could receive less than market value for their ancestral homes. In practice, the opinion will result in fewer situations where a developers' attorney runs an entire partition proceeding. "This is a huge step towards fairness in heirs' property proceedings here in North Carolina," said SCSJ staff attorney Christopher Brook. SCSJ headed up a coalition in support of 2009 FEO 8 featuring North Carolina Representative Angela Bryant, the North Carolina Advocates for Justice, Land Loss Prevention Project, the North Carolina Justice Center, the UNC Center for Civil Rights, the Heirs' Property Retention Coalition, and Self-Help. The ethics opinion now goes to the North Carolina State Bar Ethics Council for final approval.

SCSJ Conducts Wills' Clinic in Southport, NC

What do two SCSJ attorneys, seven law students from UNC and Campbell, and 48 hours in Southport, North Carolina get you? If you were one of 19 participants in SCSJ’s October 15-17 wills’ clinic, you got a total of 56 end-of-life documents to help you effectuate your plans and give you an extra piece of mind that you have helped your family prepare for a life without you. Working with an SCSJ-represented family that owns heirs’ property in the area and its church community, the clinic produced documents ranging from wills to health care powers of attorney, all while enjoying one of the last warm days down at the beach. “These wills clinic are an excellent opportunity to meet community needs, and provide law students with skills in the field of end-of-life planning,” said SCSJ coordinating attorney Becky Jaffe.

Wills Clinic

The lack of estate planning and will drafting contributes to land loss in the African-American community. SCSJ attorneys Becky Jaffe, Chris Brook and our summer legal interns will spend a weekend in Edgecombe county drafting wills for several families that have heirs' property, which is collectively-owned property passed down through multiple generations. Heirs' property is particularly vulnerable to being lost through tax issues, takeover by developers, or judicial proceedings. The wills clinics are just one part of SCSJ's efforts to help rural, African-American families protect their ancestral land. Please contact Becky Jaffe or Chris Brook for more information.

Discrimination Complaint Filed Against Wake County Schools

On September 24, SCSJ filed a discrimination complaint against the Wake County School Board and the Wake County Public School System. The complainants include the NAACP, NC H.E.A.T. (a Wake student organization), and Quinton White (a Wake County high school student). The Title VI federal civil rights complaint alleges: 1. The School Board engaged in intentional discrimination on the basis of race, color or national origin when it made certain reassignments in April of 2010. 2. These reassignments have a disparate negative impact on students on the basis of race, color or national origin. 3. The disciplinary policies employed by the Wake County Public School System have a disproportionately negative impact on African American students. The Department of Education has begun an initial investigation process. Follow the links below to read the complaint , the appendix (containing detailed reassignment data), and all of the exhibits submitted in support of the complaint. Title VI Complaint against Wake County School Board Appendix A - Reassignment Maps and Figures Exhibit 1 - 4/6/10 Board Meeting Minutes Exhibit 2 - Greater Schools in Wake Coalition, "The Need to Know More about What the Academic Research Says" Exhibit 3 - Wake County Public School System: Board Policy - Transfer of School Assignment (6203) Exhibit 4 - Greater Schools in Wake Coalition: Student Transportation Fact Sheet Exhibit 5 - Updated Node Membership Data Exhibit 6 - Wake County Public School System: Student Assignment Policy (with deletions)