School Rezoning Trial Begins-John Dunn

A controversial rezoning plan ends up right where many expected, in the hands of a Federal Judge.

Some say Metro is re-segregating Nashville schools, and putting black students at a big disadvantage.

It is day one of a trial that has school board members taking the witness stand.

Just as it was more than 50 years ago, segregated schools are once again at the heart of a courtroom battle.

"So if you're going to put the North Nashville kids in North Nashville schools, you're putting black kids in black schools, it's that simple," says Frances Spurlock.

Frances Spurlock and her husband Jeffrey say Metro's school rezoning plan forced their 12 year old daughter to choose between two failing schools.

In court they even suggest Metro may have forged Jeffrey's signature on a school choice document.

"Make me feel they'd do just about anything you know to keep the blacks in the black school, and the whites in the white, says Jeffrey Spurlock.

"The black schools are not going to have the resources that the white schools have, it's that way, and I hate that it's that way, but is that way," says Frances Spurlock.

Now, the Spurlocks and two other families are suing over what they believe is a re-segregation plan.

"These are real people with real problems that the school board is just not addressing, and really doesn't want to hear from," says plaintiff's attorney Larry Woods.

The main issue involves taking black students out of the predominantly white Hillwood area, and moving them to North Nashville.

Former school board member George Thompson voted against the rezoning in 2008. He believes the plan was racially motivated.

"Race certainly was a significant factor, and getting African Americans out of that Hillwood school and that Hillwood Cluster," says Thompson.

Metro schools has always maintained this rezoning plan was never about segregation but instead allowing students to go to schools close to home.

Metro's attorney did not answer questions, but he did give this brief statement to FOX 17 News.

"We feel good about our case and we have confidence in the legal system so we're optimistic," says Kevin Klein.

But it will be a federal judge who will ultimately decide this case, and determine whether the rezoning was a move forward or backward.

This case is expected to last about two weeks.

Judge John Nixon will then issue a ruling by written order.

There is also talk of making this is a class action lawsuit, but that will not be discussed for at least another month.School Rezoning Trial Begins-John Dunn

Posted: Tuesday, November 3 2009, 05:40 PM CST