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Image provided by: University at Buffalo
I w Court ruling directs City's Board of Ed to abolish segregation of schools by Gary L. Cutler Spectrum Stuff Writer The Buffalo Board of Education, struck order this summer to dismantle its tin desegregation program, is faced with devisi one. Federal Court Judge John T. Curtin, ruling, directed the Board to eliminate a coi its program and integrate 15 remaining schools. rejected the Board’s policy The current plan—known as the Buffalo Plan —is broken into two features. First is the use of “magnet” schools, designed to attract nnyority students to schools located in inner city minority areas. The second part of the Plan —the aspect Curtin ruled was not woHcing—calls for minority students to be bused to majority schools on the periphery of the City. TTiis feature, known as the Quality integrated Education (QIE) program, “places a heavy burden of desegregating elementary schools on minority students,” according to Curtin. Not voluntary For the last three years, a number of magnet schools have been in operation, and this aspect of the Buffalo Plan has proven to be successful both in raising the quality of education in the public schools arid as a desegregation device. In June, Curtin allowed this aspect of the desegregation program to stand. The second feature of the Buffalo Plan, the QIE program, he rejected. —Garry Preneta MIXED BAG: Federal Judge John T. Curtin has ordered Buffalo's fifteen remaining all minority schools integrated, and the currant desegregation program dismantled. Curtin said that one aspect of the current program, the Quality Integrated Education plan, forces minority students to bear the brunt of the integration efforts. Daniel Acker, Buffalo NAACP President (above), agrees, maintaining that QIE is \forced busing for blacks.'. Opponents of QIE complain that it places an unfair burden of desegregating the schools on blacks because I, —continued on page 26— Curtin’s ruling was the result of recent legal action taken by City Councilman George Arthur, the Citizens Group Legal Services loses battle over free representation for the students.” by Mark Meltzer Campus Editor Curtin’s ruling was partially based on the plaintiffs inability to show that students were being denied legal services because they were not available through GLS, according to Lippes. Additionally, Lippes noted, because no academic department is formally involved with GLS, Sub-Board was unable to prove that students were being denied educational benefits. Debra Decker, a UB law student and Associate GLS Director had, according to Black, testified at the hearing that she joined GLS to augment her legal studies. University President Robert L. Ketter was within his rights when he forbade the use of mandatory student fees to provide individual students with free legal representation, Federal Judge John T. Curtin has ruled. Ketter, who struck the individual representation portion from the proposal that created Group Legal Services (GSL) three years ago, had claimed that the concept of free individual representation violated the guidelines governing the use of mandatory student fees. According to those guidelines, mandatory fees are to be spent only for programs that arc of “educational, social or cultural enrichment or benefit to the campus community and for student services to supplement or add to those provided by the Unversity.” —Garry Preneta Federal Court Judge John T. Curtin Ketter also held however, that legal services arc of such a private and personal nature that they do not fall under the mandatory fee umbrella. But Black pointed out that Sub-Board currently funds several other services—the Sexuality Education Center, the Pharmacy and the Off-Campus Housing Office —that are of a “very personal nature,” yet have drawn no objection from Ketter. Rules out individual representation their members. However, Lippes said, the only such case involving students was overturned by a Court of Appeals after a lower court had ruled in their favor. But Lippes was careful to note that the case differs from Sub- Board’s. A public interest group sued for University of Maryland students but project funding came from the state. The UB case involves the students’ rights to spend their “own money,” Lippes said. “We think that’s a very significant difference.” Big question Student Association (SA) lawyer Richard Lippes said an appeal will be filed shortly in the Second Circuit Appellate Court on the constitutional claim that every organization has the right to provide legal representation for its members. Executive Director of Sub-Board I Dennis Black told The Spectrum, “We don’t believe the judge has interpreted the constitution on the same lines the Supreme Court had on earlier decisions.” Sub-Board, the student corporation that disburses approximately $300,000 in activity fees each year, filed the suit in 1976. To support the constitutional argument, Lippes cited three Supreme Court decisions in which the court “very strongly held” the opinion that unions had the right to provide legal representation for “I think the basis of the decision is that Dr. Ketter is the President of the University and that it is up to his discretion how the guidelines of the Chancellor are to be interpreted. It’s as simple as that,” Black maintained. Unwise A three judge panel will decide whether to hear the appeal. Since Curtin said, according to Black, that it’s in the State’s interest that mandatory fees be regulated, the chances of the appeal not being heard arc greater. “The federal courts are much queasier about getting involved in that kind of question,” Black explained. Lippes estimated the appeal process would be concluded within six months. “Usually in the appellate courts it goes pretty quickly,” he said. SA President Joel Maycrsohn was “disappointed” about Curtin’s ruling, but optimistic that the appeal would prove successful. “With proper legal information,” Mayersohn said, “The decision will be overturned.” Mayersohn, noting that other SUNY schools have “similar programs’’ where individual representation is allowed, commented, “Ketter did not use his wisest discretion in the decision. His decision has provided a disservice MEN Earn $$$ for participating in a Research Study. You must be right handed 9 and a native English speaker If interested call 636*2357 No Shock! No Pain! 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