Judge sets hearing on charter school effects

By STEPHEN HEGARTY

© St. Petersburg Times, published April 19, 2000

The federal judge overseeing the Pinellas schools' desegregation case has scheduled an April 28 hearing to determine what effect charter schools might have on the proposed settlement for the 30-year-old case.

However, U.S. District Judge Steven Merryday rejected the school district's request to have a "more informal" hearing. The School Board and attorney John Bowen wanted to meet with the judge as a group so each board member could address the judge and the judge could get answers from each board member.

Merryday ruled that the request was "inappropriate for a judicial setting" and referred to the standard courtroom ground rules where "one member shall testify for the School Board."

Enrique Escarraz, attorney for the plaintiffs in the desegregation case, said the request for an informal hearing was unusual but added he did not object to it. Still Escarraz said Tuesday he understands why Merryday would opt to follow standard courtroom procedure, with one sworn witness at a time.

The hearing became necessary when Merryday indicated he would not accept the negotiated settlement of the desegregation case until he was convinced that charter schools would not undermine the district's ability to comply with the agreement.

The concern is that charter schools drawing students from several schools could upset the racial balance in traditional public schools. Of particular concern is a proposal for a 750-student charter middle school in southern Pinellas County, which was approved by a split vote.

The board members who approved the application for the Bay Village Center for Education say the school will not disrupt racial balances, but other board members and Superintendent Howard Hinesley aren't so sure.

In an earlier hearing, Merryday had plenty of questions about charter schools, which are run by private groups but receive taxpayer money. Now he wants assurances that they will not hamper the district's ability to honor the proposed settlement agreement.

In his order calling for the hearing, Merryday also instructed the district to provide the court, by Monday, copies of all the charter school applications, and by April 26, a list of witnesses for the hearing.

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