Haitian Bilingual Education Lawsuit Inches Forward

On May 22, 1998, Federal Judge Nickerson held a hearing during which lawyers for Haitian parents and community organizations argued that Haitians, who sued the Board of Education almost two years earlier because the Board failed to respond to their concerns, should be legally considered a class. The lawsuit, which grew out of years of unsuccessful community efforts, was filed on December 19, 1996 by the National Coalition for Haitian Rights (NCHR) along with the Haitian Centers Council (HCC), ANMWE (League of Haitian Educators and Parents) and nine parents of Haitian students attending New York City Public Schools.

At the hearing, City and State Board of Education lawyers argued that the complaints of Haitian students enrolled in bilingual education classes should be heard separately from those attending ESL classes. They also argued that complaints dealing with high schools should be disallowed since no student of high school age was named in the lawsuit. Lawyers for the Haitians strongly disagreed, asserting that Haitian children in bilingual and ESL classes were similarly situated. Lawyers for the Haitians also pointed out that two of the named plaintiffs would be attending high school in September 1998, and that by law Haitian students are entitled to an education, from kindergarten through the 12th grade, that provides the full range of bilingual and ESL services.

Federal Judge Nickerson is expected to decide the issue by August.

"Going into this case we were forewarned by others who have sued the New York City Board of Education that we would have to face many, many motions and that a trial date would be far off into the future." asserted Jane E. Lopez, a lawyer with META, Inc. working for the Haitian parents and groups. "We can only hope that the Board of Education understands what is at stake here. Each day that passes is a day that is lost for students whose rights to appropriate educational services are being violated." META, the Multicultural Education, Training and Advocacy Inc. along with the firm of Dewey Ballantine and the Legal Aid Society are representing the Haitian parents and organizations.

"Regardless of the outcome of this hearing, we stand firm in our resolve to get a first-class education for the Haitian students in the New York public school system." said Netlyn Bernard Samedy, Director of the Community Action Program for NCHR.

"This community's patience has run out!" asserted Dr. Carole Berotte Joseph, Dean of Academic Affairs at Hostos College.

For further information or to offer support, please Contact: Netlyn Bernard Samedy (212) 337-0005 ext.18 or Jane E. Lopez, META (617) 628-2226