Law & Courts

Fla. School District Sued Over Low Graduation Rates

By Christina A. Samuels — March 21, 2008 4 min read
  • Save to favorites
  • Print

The American Civil Liberties Union has filed a class action against the Palm Beach County, Fla., school district, claiming its low graduation rate is a violation of the Florida Constitution.

Even using the “most generous” measures, the lawsuit says, almost a third of the students in the 175,000-student district do not graduate. The graduation rates of black and Hispanic students, which are lower than those of white students, further establish that the district is failing its students, it says.

“And, the consequences for the students and the county are devastating, as those who leave school without even a high school diploma are significantly less able or likely to share in the American dream,” says the lawsuit, filed March 18 in Palm Beach County circuit court.

Christopher Hansen, a senior staff attorney for the ACLU Foundation in New York City, said Florida voters in 1998 strengthened the state’s constitutional guarantees of a “uniform, efficient, safe, secure, and high-quality” public education as part of a larger governance overhaul. In many other states, courts have determined that constitutional language about education is unenforceable, he said.

The lawsuit asks that the court require the district to adopt an accurate definition of graduation rates. It also asks that the district be required to improve both the overall graduation rate and the rates for minority students, low-income students, and English-language learners, starting with the 2008-09 school year.

Gaps Cited

Muslima Lewis, the director of the ACLU of Florida’s Racial Justice Project, said the groundwork for the legal action began a year ago, with meetings with parents whose children weren’t doing well in school.

“The students and parents of Palm Beach County are just as deserving as the parents and students of any other district,” Ms. Lewis said.

Superintendent Arthur C. Johnson said the system recognizes the graduation-rate gap between minority and white students, and is working hard to address it with initiatives geared to improving graduation rates for all students.

The district’s enrollment is 42 percent white, 28.6 percent black, and 22 percent Hispanic.

According to the lawsuit, the graduation rate for black students is 29 percentage points lower than the graduation rate for white students. The graduation rate for Hispanic students is 20 percentage points lower than for white students.

“We don’t have the same playing field among all our students, and that’s the challenge,” Mr. Johnson said. “When you have students who don’t have the 24/7 nurturing that some students have, a lot of their schooling is undone by their more worldly education.” Mr. Hansen said such an argument doesn’t deflect the responsibilities of the Palm Beach County district.

“To say that the county sends us defective kids, and we do the best we can, I find unpersuasive and offensive,” he said. “Their job is to educate all the children.”

The ACLU lawyers had been in discussions with district officials over the issue, Mr. Johnson said. Anticipating legal action, the school board recently voted to obtain outside counsel.

The lawsuit is particularly difficult to understand, the superintendent said, because Palm Beach County is doing better on its graduation rate than almost every other urban district in the state. “It almost didn’t matter what we did, because they were looking for a model case,” Mr. Johnson said. “We want the same things. But I cannot be supportive of selective enforcement.”

Hard to Calculate

One of the major issues cited in the lawsuit is the varying methods that can be used to calculate the district’s graduation rate. It outlines three methods, each measuring different school years, and each yielding different results. But the lawsuit does not say which method the plaintiffs would like the district to use.

Under Florida’s method, the district had a graduation rate of 71.4 percent for the 2006-07 school year, the lawsuit notes.

Another calculation method—developed by Sherman Dorn, a professor at the University of South Florida in Tampa—attempts to correct for what the ACLU deems inaccuracies in the state’s reporting method. According to Mr. Dorn’s calculations, the district’s graduation rate was 58.1 percent for the 2005-06 school year, compared with 69.3 percent reported to the state by the district.

A third measure, the Cumulative Promotion Index, was developed by Christopher B. Swanson, now the director of the Editorial Projects in Education Research Center. The center is an arm of the nonprofit corporation that publishes Education Week, and its research on graduation rates is used in the newspaper’s annual Diplomas Count report.

That index showed an overall graduation rate for Palm Beach County of 56.1 percent in the 2003-04 school year, the lawsuit says.

None of the methods is entirely accurate, the lawsuit says. But other Florida districts of similar size to Palm Beach County appear to have better graduation results, it says. For example, using the CPI method and information gathered for the 2003-04 school year, the Hillsborough County district had a graduation rate of 75.1 percent, and Orange County had a rate of 65.6 percent. Palm Beach’s rate for that year was 56.1 percent.

Gary Orfield, an education professor at the University of California, Los Angeles, and the co-director of the Civil Rights Project/Proyecto Derechos Civiles, a racial-justice organization that is housed at UCLA, said that it may be difficult for the ACLU to prove its case. “But, there’s a big history of using lawsuits to expose inequity,” he said.

A version of this article appeared in the March 26, 2008 edition of Education Week as Fla. School District Sued Over Low Graduation Rates

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts After 60 Years, a Louisiana District Fights to Exit Federal Desegregation Order
St. Mary Parish is on the frontlines of a legal battle to end ongoing school desegregation cases dating back to the civil rights era.
Patrick Wall, The Advocate, Baton Rouge, La.
6 min read
School bus outside Patterson High School in St. Mary Parish, in Louisiana.
School bus outside Patterson High School in St. Mary Parish, in Louisiana.
Brad Kemp/The Advocate
Law & Courts School Sports Case Reaches the Supreme Court at a Fraught Time for Trans Rights
The justices will consider state laws that bar transgender girls from participating in female sports.
8 min read
Fifteen year-old Becky Pepper-Jackson tosses a discus at home in West Virginia.
Fifteen-year-old Becky Pepper-Jackson tosses a discus at home in West Virginia. Her challenge to the state’s ban on transgender girls in school sports is now before the U.S. Supreme Court.
Scout Tufankjian/ACLU
Law & Courts Judge Ends School Desegregation Order at Trump Administration's Request
The decision ends decades of federal oversight to ensure schools' compliance with the order to desegregate.
Patrick Wall, The Times-Picayune | The New Orleans Advocate
4 min read
Louisiana Attorney General Liz Murrill speaks during a press conference on Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill teamed up with the Trump administration to ask a judge to end a decades-old desegregation order under which the state's DeSoto Parish Schools were under federal oversight.
Louisiana Attorney General Liz Murrill speaks during a press conference on Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill teamed up with the Trump administration to ask a judge to end a decades-old desegregation order under which the state's DeSoto Parish Schools were under federal oversight.
Hilary Scheinuk/The Advocate via AP
Law & Courts Appeals Court Blocks Ruling Bolstering Parental Rights Over Gender Identity
A federal appeals court blocked a groundbreaking ruling over the disclosure of students' gender identities.
4 min read
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender. But many districts in California follow a state policy limiting when schools can inform parents about a student's gender identity without the student's consent.
Anjali Sharif-Paul/The Orange County Register via AP