School Board’s Decision Not In Keeping With Separation of Church and State

U.S. District Court Issues Judgment in David Kucera and Vickie F. Forgety vs. Jefferson County Board of School Commissioners

The United States District Court Eastern District of Tennessee has issued a judgment order in the case of David Kucera and Vickie F. Forgety vs. Jefferson County Board of School Commissioners, et al., finding for Kucera and Forgety. In keeping with the opinion of the Sixth Circuit of Appeals, the United States District Court Eastern District of Tennessee found that Kucera and Forgety had standing in their Establishment Clause Claim and, subsequently, found that a reasonable observer would see the School Board’s decision to contract with a self proclaimed religious institution, in this case Kingswood School, as a message of religious endorsement, which is not in keeping with the Establishment Clause, which provides a religious separation of church and State.

Forgety served as the Principal of the Jefferson County Alternative School and Kucera was a teacher at the school during the 2002-2003 school year. According to Court records, former Director of Jefferson County Schools, Doug Moody, made the decision, with School Board approval, to close the State Model Alternative School, citing financial reason. Jefferson County contacted with Kingswood School in July of 2003 and Kucera and Forgety were informed that the Jefferson County Alternative School would be closed and that effort would be made to find them a position in their area of teaching certification for the 2003-2004 school year. During the time that Jefferson County Schools contracted with Kingswood (2003-2004 thru 2009-2010) the school educated Jefferson County public school students that had been expelled or suspended, provided reports to their parents and determined the amount of time that the student would remain at Kingswood. It also managed the day to day functions of Jefferson County’s Alternative School program, including hiring and firings of personnel, as well as finances. The treatment program that Jefferson County public school students participated in at Kingswood school centered around a level system where the staff of Kingswood determined the amount of time a student would spend at Kingswood and outside of their regular public school by showing improvement in behavior.

Court documents show that the Jefferson County School Board ultimately paid around $1.7 million dollars to Kingswood School. Former Director of Jefferson County Schools Doug Moody, who is presently serving as the Administrator of Kingswood School, and Daryl Helton, former Administrator of Kingswood School and current Director of Jefferson County Finance, gave testimony on the case, as well as the plaintiffs.  The Court found in favor of the plaintiffs and determined that there was a violation of the Establishment Clause in the contracting of Kingswood. Forgety and Kucera were awarded one year’s salary and lawyer fees in an amount to still be determined. The Court also enjoined the Jefferson County School Board from contracting with Kingswood or any other religious entity for the operation of its Alternative School. Current Director of Jefferson County Schools, Charles Edmonds, returned the operation of the alternative school to Jefferson County in 2011.  The Jefferson County School Board has Appealed the Court’s ruling. George Legg and Eric Morrison are lead counsel for the plaintiffs and a statement was issued addressing the Court’s decision.

Re: Vickie F. Forgety, et al. v. Jefferson County Board of School Commissioners, et al.

U.S. District Court Case Nos.: 3:03-cv-593 and 3:04-cv-275

My clients are very pleased with the decision of Federal Court after a two (2) day trial of this case. District Court Judge Phillips patiently heard all the evidence which was presented. In a case that may initially be perceived as unpopular given the current conservative climate, Judge Phillips stood by the Constitution in deciding this case. The evidence in the case clearly established that Kingswood School was a religious institution. Not only did the Jefferson County public school student’s report cards contain biblical scripture, but also mandatory weekly forms requiring parents’ signatures contained biblical scripture. Assemblies of public school students were held inside the chapel at Kingswood School, and Kingswood’s Campus Minster performed the initial intake of public school students remanded to Kingswood.

Judge Phillips’ decision upholds the principle that there can be no exception to the Establishment Clause allowing a local government to violate the Constitution if it is a bargain. There is long established constitutional authority that the government cannot delegate public schools to a religious organization. Separation of church and state is a long standing principle in this country and is part of the First Amendment. The Establishment Clause is an important safeguard to prevent the government from imposing its version of religion on its citizens, or in this case – upon public school students. Just as the law does not permit biblical scripture on report cards, it equally does not permit quotations from other religions such as Islam or the Hindu religion, or even for that matter an atheistic organization. Likewise, the Constitution does not permit taxpayer dollars to be taken out of the public school effort and diverted to a private religious organization of any type.

My clients are hopeful and confident that Judge Phillips’ opinion will be upheld by the Sixth Circuit Court of Appeals.

Sincerely,
STONE & HINDS, P.C.
Eric J. Morrison Attorney for Plaintiffs