WALLER DISTRICT SCHOOL REPAIR BLOCKED

September 23rd, 2007
By: Helen Eriksen

HEMPSTEAD — The state attorney general's office is withholding release of $49.3 million in bonds for the Waller school district amid allegations of inadequate funding to repair an aging predominantly black school.

Waller County Justice of the Peace DeWayne Charleston is seeking to overturn the bond issue approved by voters 769-446 in the May 12 election that would fund school repairs, a new 10,000-seat football stadium and an elementary school.

Charleston filed a lawsuit in Harris County alleging that Waller Independent School District violated open meeting laws, failed to post notices of the meetings approving the bond election and disenfranchised black students at Prairie View A&M University by calling the election when school was not in session.

Waller ISD, saying Charleston's action has put essential refurbishment and new construction in jeopardy, has countered with its own lawsuit seeking swift validation of the bond referendum.

District Court Judge John Delaney will hear the school district's case 10 a.m., Monday in Hempstead. The 5,100-pupil school district is in both Waller and Harris counties and encompasses 328 square miles.

Tom Kelley, a spokesman for Attorney General Greg Abbott, said the office would not clear release of the bonds until the district's suit is legally resolved, including any appeals.

"We are not a party to the suit," Kelley said. "It's not uncommon for an entity to seek a legal remedy in such a case."

At the heart of Charleston's complaint is how the district could justify spending $270,000, or just a fraction of the approved bonds, on H.T. Jones Elementary, a historically black school built on the Prairie View campus during segregation in the 1950s. Charleston contends that facilities at Jones are dilapidated and not up to par with district schools that serve large percentages of white students.

"Jones, the lone school building in Prairie View, is in worse condition than any school in Waller ISD and includes the only non-air-conditioned gymnasium," Charleston said.

SEEKS THOROUGH RENOVATION

He said he wants the school, which is 55 percent black and 24 percent Hispanic, to be thoroughly renovated, cleaned up, fenced in, and appropriately equipped.

Included in the proposed renovation work at Jones are roof repairs, paint work, installation of air conditioning in the gymnasium and electrical upgrades. The school district maintains the school but leases the land from Prairie View A&M.

District spokeswoman Sarah Stephenson said the bond election was held legally according to state law. She said delays from the suit will result in significant increases in construction costs, due to inflation, and the district stands to lose more than $21 million in matching state funds to help pay down the bond debt.

"Because of the delay caused by Mr. Charleston's suit, the scheduled opening of the new elementary school is in jeopardy, as well as the scheduled opening of the new athletic stadium in time for next year's season," Stephenson said.

A Harris County judge on Aug. 21 upheld the district's contention that it properly posted notices at its central administration building on the bond meetings and denied Charleston's request for a temporary injunction. The case is still pending a final resolution.

The dispute over the bond issue is the latest in a series of controversial election problems in Waller County.

Thursday, Charleston was handcuffed and arrested on the Jones campus while trying to gain admittance. He was released without being charged.

RECENT CONTROVERSIES

In December, the attorney general closed the Waller County elections office and launched a criminal probe into allegations that staff violated the rights of Prairie View students.

In another high-profile case, former Waller County District Attorney Oliver Kitzman challenged Prairie View students' right to vote in 2003. He claimed they did not meet residency requirements. The NAACP prevailed in a lawsuit on behalf of the students based on a previous U.S. Supreme Court ruling.

Bond proponents, including black staff members at the school, argue that the legal maneuverings have put badly needed projects in jeopardy.

Jones Principal Carol Bates and teacher Andrea Fry said they have everything they need to provide a quality education for the school's 167 pupils. The school is rated "recognized" by the Texas Education Agency.

Stephenson said the district is proposing to spend $1,622 per student at Jones compared to $134 per student at Fields Store Elementary, built in 2002.

Some parents at the school side with Charleston in opposing the bond issue. Elaine Jackson, wife of Prairie View Mayor Frank Jackson and the treasurer of a parent group, said the other three elementary schools in the district have top-notch facilities.

She said at Jones, where she has two children, the music room, library and cafeteria are outdated and lack some supplies compared to other campuses.

Fields Store, about 10 miles from Jones, has Corian water fountains, full-length mirrors in front of the student bathrooms, a workroom on each hallway, computer labs, a large music room and a well-equipped library.

Stephenson said in the last 10 years the district has spent about $230,000 on various repair jobs at Jones.

"Our main concern is the students' success," Bates said "I don't see anything wrong with an old school and anything we ask for we generally get."

helen.eriksen@chron.com
Copyright 2007 Houston Chronicle

Source: Houston Chronicle