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Judge denies request to intervene in group's effort to keep Clay High School open


The school will close at the end of the school year.{ } The St. Joseph County Council approved a proposal that would explore a new school system in the county.{ } (WSBT photo)
The school will close at the end of the school year. The St. Joseph County Council approved a proposal that would explore a new school system in the county. (WSBT photo)
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A U.S. District Court judge in South Bend denied a request to intervene in a group's efforts to keep Clay High School open.

The South Bend School Board voted back in April to close Clay High school as part of the district's master plan. The students will be moved to other schools starting next August to help right-size the district.

The group "Save Clay" and two school board members, Mark Costello and Janet McCullough filed a lawsuit a few months ago in federal court.

The motion claimed closing Clay High School without a clear transition plan would most likely violate a nearly 40-year-old racial desegregation agreement.

The judge says the petitioners have not met the burden of proof for intervention and since South Bend Schools has not released the plan and “At the very least, the argument seems premature.”

The school corporation has been required to develop and implement desegregation plans that must provide that the percentage of black students in each school in the district be within 15% of the total percentage of the black students in the school corporation.

The judge did set a December 20 deadline that asks South Bend Schools to submit a plan that would meet the 1980 consent decree.

“Importantly, submitting the Plan to the Court by December 20 should ensure that any pupils affected by the potential closure of Clay High School do not have the decision unfairly sprung on them last minute – one of the chief concerns raised by Petitioners at the motion hearing,” said Judge Philip P. Simon, United States District Court.

Robert Smith, the President of Save Clay, says he and his team are not giving up.

Save Clay, Inc. will continue to find avenues to Save Clay high school in Clay Township and maintain a high school in the county for the main purpose that we will continue to save our children educational future." said Robert Smith, President of Save Clay.

Although this ruling was not the outcome save clay members had hoped for, Smith says there is a positive takeaway.

Also the judge has invited and welcome public comments. So that's the added plus, that the judge will still hear the voices of the people, their concerns and challenges involved in the drawing of the new boundaries. said Robert Smith, President of Save Clay.

South Bend School officials say current Clay students will be given priority as this school transition starts.

Even adding, they are doing everything they can to make sure this transition is smooth.

The focus really is being on being able to communicate with the students and families at Claire high school and making sure they understand their options going into next school year we recognize this transition is difficult." said RafiNolan-Abrahamian, SBCSC Chief of Staff.

According to Judge Philips ruling, South Bend Schools have until December 20th to share the final plans for the future of these Clay students.

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