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A federal judge has rejected a request by the Cleveland Board of Education to declare the district "unitary," or desegregated, and end court jurisdiction over it.

In an Oct. 18 order, U.S. District Judge Frank J. Battisti said the school district's request "contributes nothing at this time and, by its terms, is contradictory, redundant, and premature.

The proceedings stem from a 1973 case involving the racial balance of the city's schools. In 1976, Judge Battisti ordered remedial efforts to achieve desegregation.

Last July, the judge told the Cleveland office on school monitoring and community relations, the agency reviewing the case, to report by Feb. 1, 1991, on the district's progress.

The board, in its Sept. 14 motion, asked the court "to recognize the tremendous strides made by all parties, and indeed this community, in desegregating the Cleveland school system." (See Education Week, Sept. 26, 1990.)

"The time is now for the school district to be declared unitary and for this court to relinquish its continuing jurisdiction and supervision," the board claimed.

But the judge stated that in light of his July order, "the timing and substance of the present motion are puzzling."


Officials at the University of California at Los Angeles have abandoned a controversial proposal to turn the university's renowned laboratory school over to a local school district.

Rather than move the school to the Santa Monica-Malibu Unified School District, school officials have decided to keep the facility on the university campus, where plans are under way to expand the school and redefine its research mission.

Harry Handler, a former superintendent of the Los Angeles Unified School District, has been named interim director of the school, formally known as the Corinne A. Seeds University Laboratory School.

The proposal to link the lab school to a public school system had been vigorously protested by the parents of children en rolled there. (See Education Week, Jan. 17, 1990.) They argued that the move would rob the 107-year-old institution of much of its "uniqueness and sensitivity." But JoAnn Carlson, a spokesman for ucla's graduate school of education, which oversees the school, said the plan was abandoned because university officials learned that they would be unable to obtain waivers to operate the school free from some state regulations.

"We decided the best thing to do was to keep it on campus and keep control over it," she said.


A mathematics teacher in Dallas who was at the center of a grading controversy at Carter High School was unfairly disciplined by the district, a Texas Education Agency official has ruled.

In fall 1988, the Carter football team's eligibility was challenged under the state's "no-pass, no-play" law because of the grades a star player received in Wilfred Bates's algebra II class. (See Education Week, Nov. 30, 1988.) The team later won a state title.)

The district placed Mr. Bates on probation, froze his salary, and gave him an unsatisfactory job evaluation for the 1988-89 school year for his role in the controversy.

In her ruling, Victoria Bergin, the state's deputy commissioner for curriculum and professional development, ordered the district to remove the probation from Mr. Bates's record and to re-evaluate his performance.

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