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Fort Worth literacy advocate files civil rights complaint against FWISD over ESSER funding

Black Politics Now by Black Politics Now
October 12, 2024
in Education
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Fort Worth literacy advocate files civil rights complaint against FWISD over ESSER funding
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The Fort Worth Independent School District Administration building located at 7060 Camp Bowie Blvd. in Fort Worth. CHRIS TORRES ctorres@star-telegram.com

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Fort Worth ISD Faces Federal Complaint Over Racial Discrimination Allegations

A community member from Fort Worth has lodged a federal complaint against the Fort Worth Independent School District (FWISD), alleging racial discrimination due to insufficient investment in African-American students. Wanda McKinney, a taxpayer and volunteer reading coach with Read2Win, a local literacy nonprofit, filed the complaint with the U.S. Department of Education’s Office for Civil Rights on Monday. McKinney claims the district violated Title VI of the Civil Rights Act of 1964 by unfairly allocating federal COVID-19 relief funds, specifically the Elementary and Secondary School Emergency Relief (ESSER) funds. This complaint focuses on how FWISD used the final round of ESSER funding, totaling $262 million.

The complaint states: “Despite pre-existing data and ongoing reports indicating that African-American students were the lowest-performing student group, FWISD failed to implement an intentional, equitable plan to distribute ESSER funds to improve learning outcomes for African-American students.” It further alleges that FWISD’s actions are indicative of discriminatory practices, denying African-American students equal access to educational resources and opportunities in violation of Title VI.

McKinney plans to send a demand letter to district officials next week, supported by organizations such as the NAACP of Fort Worth-Tarrant County, Unity in the Community, and Students Engaged in Advancing Texas. These groups are expected to rally in support of the complaint.

Fort Worth ISD spokesperson Cesar Padilla responded to the situation, stating, “As of now, Fort Worth ISD has not received a complaint or demand letter. As a matter of policy, we do not comment on investigations or potential litigation.”

Background and Details of the Complaint  

McKinney has been involved in literacy advocacy at FWISD for about a decade, specifically at Maudrie M. Walton Elementary School. She notes that students were struggling to read at grade level and lacked targeted interventions. McKinney said, “If it wasn’t for a volunteer program… What intervention would these students have? Very little to none.”

The complaint focuses on three primary issues: inequitable distribution of funds, insufficient intervention programs, and the removal of critical resources for low-performing students. According to McKinney, campuses with predominantly African-American populations and lower 2019 accountability ratings received less ESSER funding compared to other schools. Accountability ratings, typically published annually by the Texas Education Agency, have not been released in recent years due to ongoing litigation.

The complaint also highlights the district’s decision to remove full-time librarians from five out of eight predominantly African-American elementary campuses, even after the creation of a School Performance Framework (SPF) in 2023 that aimed to improve Black students’ reading performance. “Even after creating the SPF in August 2023… the district administrators decided in April 2024 to remove full-time librarians from eight elementary campuses. Five of the eight campuses were predominantly African-American campuses,” the complaint reads.

Additionally, McKinney cites the removal of the ESSER-funded Saturday Learning Quest program, which provided additional reading and math instruction for students in District 3, a predominantly African-American area. According to the complaint, six of the nine elementary schools in this district are in predominantly Black ZIP codes, and the program’s reduction disproportionately impacted these students.

Evidence of Regression  

The complaint points to a regression in reading fluency among African-American students, particularly those in kindergarten through third grade, two years after the district began receiving ESSER funds. A June 2023 presentation from the district showed that African-American students were the only group to experience a decline in reading skills, further underscoring the allegations of discriminatory practices. Pre-K students also regressed, with a 1% decrease in phonological awareness.

“This regression underscores the discriminatory impact of the district’s funding decisions, violating the protections afforded under Title VI,” the complaint asserts. 

McKinney and her supporters are calling for FWISD to take immediate actions, including conducting an audit of ESSER fund allocations from 2021 to present, providing a comprehensive report on the use of funds in relation to racial demographics and accountability ratings, and implementing equitable practices that comply with Title VI. The complaint also calls for specific interventions, such as targeted literacy curricula, placement of experienced teachers at low-performing schools, and reducing out-of-school suspensions.

Next Steps  

The Office for Civil Rights (OCR) will now decide whether to investigate the complaint, a process that depends on factors such as legal jurisdiction and whether the complaint was filed within 180 days of the alleged discrimination. Should OCR find that FWISD violated Title VI, they would attempt to negotiate a voluntary resolution agreement with the district. If FWISD declines, the OCR may refer the case to the Department of Justice or pursue federal funding cuts.

Both parties could also opt for a settlement facilitated by OCR staff before the investigation concludes, should they agree to do so. Source: Fort Worth Star-Telegram 

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