Attorney plans to file motion to reopen case against JCPS

By Marisela Burgos - bio | email

LOUISVILLE, KY (WAVE) - The controversy surrounding the JCPS student assignment plan comes down to two words: enroll and attend. Attorney Teddy Gordon plans to file a motion today to reopen a lawsuit against the Jefferson County School System.

"I think it's very important to reopen the case [to] take some proof where we're not so rushed [and to] make sure the record is accurate," Gordon said.

Earlier this month Judge Irv Maze sided with JCPS, writing that state law indicates parents can "enroll" their kids at a school close to home, but that doesn't mean the school district has to allow them to "attend" that school.

Following Maze's ruling JCPS Superintendent Dr. Sheldon Berman promised to continue the fight in the case of an appeal.

"I think that the judge's opinion is a strong opinion, so I'm not sure whether this will be appealed or not," Berman said. "But if it is, we'll continue making the case and I think we'll continue prevailing."

But Gordon says he has heard school officials use the words "enroll" and "attend" interchangeably since the judge's ruling.

"There has been so much additional statements in regards to the definition of enrollment and attendance especially by the Superintendent, Administrators and members of the School Board, especially members of the State Senate," Gordon said.

The school system has argued that it boils down to what is in the best interest for the students and for diversity.

"It would eliminate traditional schools, schools of choice, choice programs," Berman said. "The only actual magnet schools left standing would be Manual and Central."

Gordon says he is pleased Senate President David Williams and State Senator Dan Seum plan to pre-file a bill to bring back neighborhood schools. And he says that motivated him to file this motion.

JCPS Spokeswoman Lauren Roberts says the school system has not been notified of the motion and cannot comment until they review it.

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