MADISON COUNTY, ALABAMA, Ala. — A civil rights case involving the Madison County School Board has reached a resolution with the Department of Justice on equitable access to academic programs and non-discrimination practices in student discipline. The resolution comes in the form of a Consent Order with very specific instructions and deadlines for the district.
During a news conference on Wednesday, a day after the order, Rachel Ballard, Madison County School's Director of Equity and Innovation, said, "We do believe in the whole child development approach, and so we're looking at really supporting the development of the whole child. Every child is different, and every child's needs are different. And so maybe there are students that didn't consider especially at the secondary level, more rigorous coursework while administrators, our teachers, they are encouraging that, our coaches and so that is a part of that process."
The consent order, approved Wednesday by U.S. District Court Judge Madeleine Hughes Haikala of the Northern District of Alabama, requires the school district to take action to provide equal access to gifted and talented services and other academic programs; ensure non-discrimination in student discipline; and improve practices for faculty recruitment, hiring, assignment and retention.
“It is long past time to deliver on the promises of Brown v. Board of Education for our nation’s students,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We are committed to ensuring that all students receive the educational opportunities they deserve across the Madison County School District. The Civil Rights Division will continue to fight on behalf of students in school districts that have not yet fulfilled their legal obligation to eliminate racial segregation ‘root and branch.’”
This consent order will address findings from the Justice Department’s most recent review of the district, including that Black students faced unnecessary barriers to participating in gifted and advanced programs, that they were subjected to exclusionary discipline at disparate rates when compared to their white peers, that Black high schoolers were more likely than their white peers to be referred for subjective infractions, and that the district’s recruitment and hiring processes left several schools without a single Black faculty member. Under the terms of the consent order, the district will, among other requirements:
- Improve its gifted identification policies, training and practices; expand access to advanced placement and other advanced curricula; and identify and remove existing barriers for Black students;
- Engage a third-party consultant to conduct a comprehensive review of the district’s discipline policies and procedures; revise the code of conduct; train staff on classroom behavior management; and collect and review discipline data to identify and address trends and concerns;
- Review faculty hiring, recruitment and retention practices to identify barriers for diverse applicants, improve recruitment and retention of Black teachers and administrators, and ensure their equitable assignment to schools;
- Appoint a district-level administrator to oversee implementation of the agreement and professional development for faculty, staff and administrators; and
- Work with a newly-constituted and diverse Desegregation Advisory Committee.
The order also requires regular reporting to the court, the Justice Department and private plaintiffs represented by the NAACP Legal Defense Fund. The court will retain jurisdiction over the consent order during its implementation and the Justice Department will monitor the district’s compliance.
Dr. Rachel Ballard, the new director of equity and innovation for the school system, said Wednesday that the school system is already on its way to addressing the concerns. “We have already implemented several things already that are found in our consent order. The Madison County school system constantly evaluates our policies and procedures for fair and equitable treatment for all students and staff members. We’re thrilled that we are growing with our diversity. Our goal is our faculty, our staff, our administrators to reflect our community so we are moving forward in that direction.”
1963
This consent order builds on a long-standing case involving Madison County Schools. In 1963, a lawsuit was filed on behalf of three students seeking "Action to enjoin the defendants from continuing their policy and practice of operating a biracial school system and from discriminating against the plaintiffs because of race or color contrary to the provisions of the Fourteenth Amendment to the Constitution, etc."
1970
Desegregation was ordered in a 1970 order that stated in part, "A plan to be implemented by August 24, 1970, which will fully desegregate students, faculties and staff, transportation services, athletics and other extracurricular activities and in all other ways eliminate the vestiges of the dual school system based on race. Pursuant to that order, on July 24, 1970, the defendants submitted to the Court a desegregation plan. Subsequently on July 29, 1970, the Office of Education of the Department of Health, Education and Welfare filed its desegregation plan." The plan included modifications to school zones, staffing, and requirements for status updates, the most recent of which was in 2021.
1970-2021
A series of orders and status reports primarily dealing with school zones and staffing levels continued.
2021
The July 5 order creates a plan for Madison County Schools to address barriers to gifted and advanced classes for Black students as well as ordering the district to work with a third-party consultant to address and revise student disciplinary plans. Most of the provisions must be addressed within 60-120 days.
Editor's note: Portions of this story were previously published at alreporter.com.