County board wins Buist battle
Has authority to set admissions policy
The Post and Courier
Saturday, February 23, 2008
The Charleston County School Board has trounced the downtown constituent school board in the lengthy and contentious battle over which board has the authority to set the admissions policy for Buist Academy. Judge Mikell Scarborough has decided that the county board has that power. Although the ruling happened late Friday afternoon, it was in enough time to ensure that the countywide magnet school wouldn't have to change its kindergarten lottery Monday. The downtown constituent school board voted more than two years ago to give priority admission to peninsula students and their siblings into Buist, one of the district's top schools. The school's principal appealed that decision to the county board, which agreed in September to overturn and void the downtown board's decision. Two members of the constituent school board and a parent on the waiting list for Buist appealed the case. They plan to ask the judge to reconsider his decision. If that request is turned down, attorney Larry Kobrovsky said they will pursue a court appeal of the case. Kobrovsky said the Act of Consolidation, which created the county board and eight constituent districts, doesn't give the county board unilateral power to create schools. Constituent boards must agree to the admissions policy and allow students to transfer into and out of the district, he said. The judge disagreed, saying the constituent school board had no right to decide who could attend Buist. Kobrovsky also raised issue with the district's attorney having represented the former school board chairwoman for free in a personal matter, but the judge said in his decision that there was no evidence of a resulting impartiality or bias. Pam Kusmider, a downtown constituent school board member involved in the lawsuit, said she was disappointed but not surprised at the decision. Although the law was on the constituent school board's side, the school district has been protective of Buist, she said. The district created Buist to integrate its schools, and instead it is a school for doctors' and attorneys' children to get a private education, she said. She plans to continue fighting for downtown students to have more access to Buist because they aren't receiving an equal education at other downtown schools, she said. Many leave the peninsula to go to better schools, she said. "It just means that we've got a longer fight ahead of us than we hoped for," she said. Constituent board Chairman Hillery Douglas said he hoped the county board could work with the constituent board to replicate Buist's success. Changing the school's admissions policy would have denied too many county residents the chance to attend the school, he said. He said he would have preferred to see a push to address the lack of diversity at Buist and that that was the only potential change he could see for the school's admissions policy in the future. Charleston County Schools Superintendent Nancy McGinley said the decision hopefully settles what has been a time-consuming and distracting issue for the school's principal, staff members and the district's attorney. Buist was intended to be a countywide school, and residents see it as a countywide asset, she said. McGinley plans to create more educational choices for students by creating partial magnet schools downtown, and she hopes to combat the scarcity mentality around Buist, she said. The school's rigorous academic environment can and should be replicated within the next 18 months, she said. Mark Brandenburg has two children enrolled in Buist. He organized a group of parents last year who advocated that the school keep its current admissions policy and accept students from across the county. He called the judge's decision wonderful news for parents such as himself who don't live downtown. The school has been successful because of its students, teachers and parents, and no one knows what would happen if that mix were altered, he said. "You've got a proven winner," Brandenburg said. "Why change it?"
Reach Diette Courrégé at dcourrege@postandcourier.com or 937-5546.
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Posted by mlm on February 23, 2008 at 9:59 a.m. (Suggest removal)
Judge Mikell Scarborough should have removed himself from this case before it started. At least one of his children attended Buist. As someone who only knew the fear of not getting in, but did, he lacks the objectivity to consider this case as a District 20 parent who is permanently locked out.
This ruling says that power politics continues as usual for Charleston County's public schools. Buist remains a school for the connected and not a school for the talented. Dr. McGinley comments shows that she is only looking to hide fires and not really put any of them out. If it's so important for Buist to be a county-wide school, then shouldn't St. Andrews and Jenny Moore in Mt. Pleasant be open to District 20 residents? You can't have it both ways without looking like a hypocrite. What about Mt. Pleasant Academy, Ashley River Creative Arts School or Wando? Dr. McGinley fails to tell us that these schools are not open to applicants from District 20. She's not being honest with the public based on her published comments.
If Hillery Douglas wants more "diversity" at Buist, then he has a lot of explaining to do about the lack of diversity for parents who have no choice for their children's education in District 20 and in other high minority constituent distrists, including his own in North Charleston. This whole argument about Buist being a county-wide school for the gifted and talented overlooks the fact that G&T students in District 20 are being left behind while others who are not even "above average" are awarded limited slots at Buist. The county board has never really addressed the widely reported and documented cheating in the admission process.
And while you're at it, has anyone checked to see how many Buist students failed the initial test to be admitted to the SAIL program? Buist has been a sham for too long. All the people responsible should be shown the door in November, if not sooner.
Shame on Judge Scarborough for making this continuing inequity as transparent as mud.
Posted by MAJMike on February 23, 2008 at 2:11 p.m. (Suggest removal)
I live in North Charleston and my son attends Buist. I am about the least connected individual you will ever meet. I am neither a doctor, lawyer, CPA, city official or in the pocket of Mayor Riley. I am an Officer in the United States Army and serve proudly. Considering what is going on in the world it is about the least desirable job anyone would want to have. I agree the selection criteria for Buist is not perfect nor or the individuals that establish any policy. Under the no child left behind act if you reside in a failing school district your child can be accepted to a school of excellence. There are several with-in a ten mile radius of Buist. If my child was not accepted to Buist this would have been my next course of action. So to say there are no other options available for anyone living in a failing school district are false. We should spend more time and energy improving the school system, paying our teachers what they are truly worth!!!!. Instead our tax dollars are used for a Transit system no one uses, a drainage system that doesn’t drain, a golf cart tunnel for the muni, water parks, and any other project Joe feel are appropriate for the city. Lets spend our time ,money and energy improving the school system for all children.
Posted by mlm on February 23, 2008 at 9:27 p.m. (Suggest removal)
With all due respect, MAJMike, what planet are you living on? District 20 kids aren't being admitted to many of the non-failing schools located outside of District 20. As a rule, CCSD isn't allowing them to choose most of the excellent rated schools their parents would prefer. Instead CCSD is steering them only to a few schools. These may be non-failing but they are also far from excellent. CCSD isn't shooting straight on these cross district assignments at all. NCLB is a sick joke. It doesn't work except where there is a commitment from school leaders to work for positive improvements for all. That isn't happening here. I'm glad for your child, MAJMike, but that doesn't explain the administrators who cheat others in the admissions process at Buist. BTW, those same people are teaching your child.
Posted by magoo on February 24, 2008 at 12:39 p.m. (Suggest removal)
MajMike if we paid some of these teachers what they are truly worth, most would go hungry.
Posted by MAJMike on February 24, 2008 at 2:31 p.m. (Suggest removal)
We had no problem being admitted to a school of excellence. If my child were not accepted to Buist we were already in the elementry scool on Harbour View. Maybe I should show all exactly what I did. It is much easier to say no to a request made by mail than it is to say no in person.