Ball v. Talladega County School System

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA

EASTERN DIVISION

LAKESHIA BALL,

As mother and next friend of

Kamiya M. Ball et al.,

Plaintiffs,

v. Case No. 1:24-cv-543-CLM

TALLADEGA COUNTY

SCHOOL SYSTEM et al.,

Defendants.

MEMORANDUM OPINION

On April 2, 2024, the Talladega County Board of Education (‘the

Board”) voted to close Talladega County Central High School (“TCCHS”).

Five parents of students who either attend or wish to attend TCCHS have

asked this court to enjoin the closure. The court held a hearing where the

parties presented evidence for and against the Parents’ motion for

preliminary injunction. For the reasons stated below, the court DENIES

the Parents’ motion. (Docs. 2, 3).

BACKGROUND

The court starts with a general background on the school and the

actions that led to this lawsuit.

I. Talladega County Central High School (“TCCHS”)

Declining student enrollment: TCCHS is one of several schools in

the Talladega County School System. TCCHS’s student population has

gradually declined for the last 20 years:

TCCHS 20 Year Enrollment (2003-2023)

300 8 9.—_—_———

242 957 239 233

214 an 211

200 197 193 188, i89_, 84—

164

148

198 □□ 09 i

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(Doc. 16-24, p. 5).

TCCHS currently has the lowest student population of any other

school in the county:

School Enrollment (2023-2024 School Year)

Talladega County Central High School 140

Childersburg High School 343

Childersburg Middle School 269

Lincoln High School 560

Charles R. Drew Middle School 451

Munford High School 384

Munford Middle School 275

Winterboro High School 304

(Doc. 16-3, pp. 3-10). Only 17 students were in the graduating class in

2022, 18 students in 2023, and 14 students were projected for the

eraduating class of 2024:

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(Doc. 16-2, pp. 1-2).

TCCHS8’s declining student population results in two consequences

relevant here: (1) state accountability requirements, and (2) an increased

cost to the Board to fund TCCHS.

State accountability requirements: TCCHS operates under the

Alabama Accountability Act of 2015 (“AAA”) (Act No. 2015-434). The AAA

evaluates schools and assigns them a letter grade based on several factors

including academic achievement, academic growth, chronic absenteeism,

college and career readiness, graduation rates, and progress of English

language proficiency. (Doc. 16-22, p. 5). Based on these factors, the

Alabama State Department of Education (““ALSDE”) released school

report cards for every school in Alabama on December 14, 20238. (Doc. 16-

14, p. 1). TCCHS received a “D” ranking on its report card.

But that “D” grade did not stem from poor performance. To the

contrary, TCCHS showed college and career readiness and had

graduation rates above 90 percent. But TCCHS received no credit for its

achievement because schools must have 20 students 1n a subgroup to get

credit for these categories. Because TCCHS had only 17 students in its

2022 graduating class, it received zero points in these categories. So

despite TCCHS’s high performance that otherwise would have placed it

closer to receiving a “B,” it received a “D.”

Receiving a “D” grade has consequences. Schools earning a “D” or

“F” on their state report card are labeled “Priority Schools.” Priority

Schools are required to offer “school choice” for the upcoming academic

year—meaning TCCHS is now legally required to give students the option

to leave TCCHS and attend another school in the county. In other words,

TCCHS’s low student population caused TCCHS to receive a grade that

would cause its student population to fall even further.

And, at least for three years, the fall is unavoidable. TCCHS is

projected to remain a Priority School through 2027 based on enrollment

numbers for 2022, 2023, and 2024:!

Talladega County Central High School

Cohort/Graduate Projections

(Doc. 16-2, pp. 1-5). So TCCHS would have to offer school choice for the

next three academic years, at least. The students’ choice to leave would

perpetuate the cycle: Lower enrollment would lead to a lower AAA report

card grade that would lead to lower enrollment—and so on.

1 School choice years are calculated three years in advance. So because the graduating class of

2022 was fewer than 20 students, the graduating class of 2025 faced school choice requirements.

Because the graduating classes of 2023 and 2024 were also projected to be fewer than 20

students, the graduating classes of 2026 and 2027 would also face school choice requirements.

Excessive financial burden: The second consequence of TCCHS’s

declining student population is an increased cost to the Board to fund

TCCHS. Talladega County Deputy Superintendent Vicky Ozment and

Superintendent Suzanne Lacey testified about how declining enrollment

impacts the costs required to keep the school open. According to Ozment

and Lacey, the number of students at a school determines the number of

teachers the ALSDE assigns (and funds) for a school. So when student

population decreases, so does the number of teachers the ALSDE pays to

teach at that school. (Doc. 16-22, p. 15). Because of this, to keep TCCHS

open with the number of teachers necessary to teach required courses, the

Board must supplement the cost to assign teachers to TCCHS. This means

the Board must spend more money to operate TCCHS than any other

school in the county. And the numbers aren’t close:

Talladega County Board of Education

Per-Pupil Expenditures

| Per-Pupil Expenditures

School 2019 2020 | 2021 2022 2023

B.B, Comer Elementary $7,962 | $7,864 | go4o4 | g$10311 | $10,403

B.B. Comer High $12,170 | $12,542 | $15,384 | $15,200 | $15,652

Childersburg Elementary $11,694 | $10,604 $12,660 $11,976 $13,670

Childersburg High $11,390 | $11,071 | $12,508 | $13,525 | $13,318

Childersburg Middle $7,094 $8,218 $8,822 $9,998 $10,673

Drew Middle $7,557 $7,065 | $7,099 | $7,474 | $8,320

Fayetteville High $9,158 $9,555 | $10,831 | $11,187 | $11,922

Lincoln Elementary $8,515 $8,963 $10,071 $9,725 $10,239

Lincoln High $10,014 $10,248 $10,643 $11,862 $12,156

Munford Elementary $9,745 $10,370 | $10,621 $11,501 $12,499

Munford High $9,933 $10,363 | $10,938 | $12,563 | $13,595

Munford Middle $7,438 $7,478 | $8,192 | $10,000 | $9,669

Stemley Road Elementary $10,680 $10,156 $12,735 $12,964 $13,377

Sycamore Elementar $10,429 $13,259 | $11.871 $12.34 512.73

Vatwood Klementary 11,091] $11,865 $12,833 $13,576 $13,606

Winterboro High $13,197_| $12,223 | $12,083 | $11,791_| $11,906

Average System Total $9,806 | $9,984 | $10,943 $11,641 $12,066

FY 2024 Talladega County Schools Unit Breakdown/Additional Costs

(Over! Validated

Under Local’ Federal % of Additional Local/Federal % of Additional % of Total

School Mame Teacher Units = Funding Funding Funding Funding Studenis

Watwaod Elementary (1.78)] $149,405.20 6.55% 3.24%

(1.34) $100,071.29 | 464s] S16de8ae | 5.69%

BB Comer Elementary 8.36% 6.57%

[Drew Middle | S 6163.19 [2.83% § 61,178.72 2.68%) 6.98%

(1.65)| $164,548.43 | 7.6296 $152,218.21 6.66%] 3.1796]

(0.73)| $__ 65,295.97 | 3.03% $69,600.90 3.05%] 5.1996]

[Childersburg Middle | (0.90)| $79,730.72 | 3.6%] 8 79,4749, 348%) 5.26%)

Fayeleville High | OSS a457250 | N.6086] $46,369.97 2.03% 8.82%

$57,364 $57,744.71 2.53% 9.77%

$ 57,554.86 252%] 6.06%

(0.83) $ 68,733.81 3.18%) $ 75,341.57

Sycamore (092)) 5 4ga77 SAGs) 3 46541 3.00% 3.3254)

Lincoln Elementary | (1.01)] $ 65,784.67 | 105%) $65,635.19 | 2.87%] 11.26%

Lincoln High | esis = | tert _ 0.00% 3.52%

Stemley Road Elementary G83) $ 298,00001 S □□ BOLId 13.08%) 4.72%

$_Isl72192 | 66d% 5.26%

[Tormiss | 288] $.2,158,28906 $1.00 | § 2,284,152.92 | § 1.00

(Doc. 16-1, pp. 1, 4). On top of this disparity, testimony disclosed that

federal funding for the added teacher units will expire in September 2024.

Considering these three large factors—historical declining student

enrollment, state accountability requirements, and the excessive financial

burden—Superintendent Lacey recommended that the Board close

TCCHS. The Board accepted her recommendation and voted 4-1 to close

TCCHS. (Doc. 16-12, p. 3) (April 2, 2024 board meeting minutes).

Much of the Parents’ consternation with the Board’s April 2nd

decision is how the Board got there. So the court next gives a general

timeline of events, beginning with TCCHS receiving a “D” ranking on its

report card and ending with letters to parents and students following the

Board’s vote to close TCCHS.

II. Timeline of Defendants’ public communication related to

TCCHS closing (December 2023 – April 2024)

Beginning in December 2023, the Board began sending notices to

parents, informing them of the required school choice options,

opportunities to visit school choice schools in the county, and meetings for

public comment. These notices continued through April 2024:

December 14, 2023 Notice to parents of “D” ranking and school choice

requirement for 2024-2025 academic year (Doc.

16-14)

January 22, 2024 Meeting at TCCHS to inform parents of school

choice process (Doc. 16-22)

January 30, 2024 Deadline for parents to inform TCCHS principal

if invoking school choice option (Doc. 16-14, p. 2).

11 students completed form.

January 31, 2024 Notice to parents of meeting for public comment

on TCCHS school choice (Doc. 16-15)

February 2, 2024 & Invitations for parents and their students to visit

February 7, 2024 another Talladega County school on the school

choice list (Docs. 16-16, 16-17)

February 13, 2024 Meeting for public comment on TCCHS school

choice (See Doc. 16-15)

February 16, 2024 Letter informing parents of: 8% of the student

population indicating transfer to other schools,

increasing challenge to keep TCCHS open

including academic and financial burdens, and of

March 5 meeting to “hear public comments

regarding concerns related to the school’s future”

(Doc. 16-32)

February 23, 2024 School visits for Talladega County school choice

schools (See Docs. 16-16, 16-17)

February 24-25, Announcements in Daily Home newspaper

2024; inviting public to provide comment on the future

of TCCHS (Docs. 16-5, 16-6, 16-7)

February 28, 2024;

March 2-3, 2024

March 1, 2024 Second deadline for parents to submit school

choice option (Doc. 16-32)

March 5, 2024 Second meeting for public comment on TCCHS’s

future (Doc. 16-23)

April 2, 2024 Called Board meeting. Lacey recommends closing

TCCHS. Board votes 4-1 to close TCCHS (Doc. 16-

12)

Letter to parents informing them of school’s

closing and information about student athletic

eligibility after school transitions (Doc. 16-19)

Released press release on school closing to media

April 19, 2024 Letter informing parents of school reassignment

and athletic eligibility (Doc. 16-20)

May 3, 2024 TCCHS Principal letter to students about ongoing

support as they transition to new schools (Doc. 16-

21)

As shown by color change, one of the Parents’ primary complaints

was that neither the Board nor the Superintendent publicly mentioned

closure as a result of the “D” grade before the April 2nd vote. So they were

caught off guard by the Board’s decision.

III. This lawsuit

The Parents sued the Talladega County School System and

Superintendent Lacey, bringing four causes of action. The court

previously attempted to interpret the Parents’ claims from the complaint

(see doc. 7), and restates those claims as interpreted (but slightly

restructured) here:

• 42 U.S.C. § 1983 – Equal Protection. Plaintiffs allege they have been

deprived of their constitutionally protected liberty of school choice

and that the Board (predominantly white) drew districting lines to

interfere with the school (predominantly black) maintaining its

necessary numbers to prevent “D” or “F” listing status.

• 42 U.S.C. § 1983 – Procedural Due Process.

o Plaintiffs allege the Board did not hold a public hearing for

the community to discuss TCCHS closing, which Plaintiffs

allege was a violation of the Board’s own internal processes.

o Plaintiffs allege the Board and Lacy intentionally deprived

parents of Board procedure and that the Board must provide

a process sufficient to remedy the violation of the Parents’

right to school choice, a constitutionally protected right.

• Alabama Open Meetings Act § 36-25A-3. Plaintiffs allege that Lacey

and the Board assured parents TCCHS would not be closed, then

voted to close the school without parental presence or input. And

that public notice of the school closure was not posted in time to

allow parents to discuss the matter.

(Doc. 1, pp. 1-7, 23). The Parents’ counsel confirmed at the hearing that

these are indeed the Parents’ claims.

The Parents also moved for a temporary restraining order, which

the court denied. (Doc. 7). The court then construed the motion for

temporary restraining order as a motion for preliminary injunction and

held a hearing.

The Parents presented testimony from Plaintiff Katrina Burk,

Plaintiff Erika Cole, and Pastor Jerry Jones, who has worked with

TCCHS students for nearly 40 years. The School Defendants presented

testimony from Superintendent Suzanne Lacey and Deputy

Superintendent Vicky Ozment.

STANDARD OF REVIEW

“To receive a preliminary injunction, the plaintiff must clearly

establish the following requirements: ‘(1) a substantial likelihood of

success on the merits; (2) a substantial threat of irreparable injury; (3)

that the threatened injury to the plaintiff outweighs the potential harm

to the defendant; and (4) that the injunction will not disserve the public

interest.’” Keister v. Bell, 879 F.3d 1282, 1287 (11th Cir. 2018) (quoting

Palmer v. Braun, 287 F.3d 1325, 1329 (11th Cir. 2002) (citation omitted)).

“A preliminary injunction is an extraordinary and drastic remedy not to

be granted unless the movant clearly establishes the burden of persuasion

as to the four requisites.” Am. C.L. Union of Fla., Inc. v. Miami-Dade Cnty.

Sch. Bd., 557 F.3d 1177, 1198 (11th Cir. 2009) (quoting All Care Nursing

Serv., Inc. v. Bethesda Mem’l Hosp., Inc., 887 F.2d 1535, 1537 (11th Cir.

1989)). Accordingly, “[f]ailure to show any of the four factors is fatal.” Id.

DISCUSSION

The court begins with the first element because “when a plaintiff

fails to establish a substantial likelihood of success on the merits, a court

does not need to even consider the remaining three prerequisites of a

preliminary injunction.” Pittman v. Cole, 267 F.3d 1269, 1292 (11th Cir.

2001) (citing Church v. City of Huntsville, 30 F.3d 1332, 1342–47 (11th

Cir. 1994) and Cuban Am. Bar Ass’n, Inc. v. Christopher, 43 F.3d 1412,

1424 (11th Cir. 1995)).

A. Federal Claims

As shown below, the Parents have failed to show that they will

likely succeed on any of their federal claims. The court starts with the

federal claims against the school board members.

i. The School Board

42 U.S.C. § 1983 – Equal Protection2

The Equal Protection Clause of the Fourteenth Amendment

commands that no state shall “deny to any person within its jurisdiction

the equal protection of the laws.” U.S. Const. art. XIV, § 1. Its “central

purpose,” though, “is the prevention of official conduct discriminating on

the basis of race.” Red Door Asian Bistro v. City of Fort Lauderdale, No.

22-11489, 2023 WL 5606088, at *6 (11th Cir. Aug. 30, 2023) (quoting

Washington v. Davis, 426 U.S. 229, 239 (1976)). “To establish a violation

of [] the Equal Protection Clause of the Fourteenth Amendment . . . [the

plaintiff] must show that the [defendant’s] decision or act had a

discriminatory purpose and effect.” Cook v. Randolph Cnty., Ga., 573 F.3d

1143, 1152 (11th Cir. 2009) (quoting Burton v. City of Belle Glade, 178

F.3d 1175, 1188 (11th Cir. 1999)).

The Parents first base their equal protection claim on alleged

disparities in the opportunity to “opt-in” or “opt-out” of attending TCCHS.

They argue that white students living within the school district zoned for

TCCHS were allowed to opt out of attending TCCHS but that black

students were not allowed to opt in, which led to the decrease in student

enrollment numbers. The evidence shows that the Parents’ belief was half

correct: The Parents were right that no student—of any race—could opt

in to TCCHS, but they were wrong that white students alone could opt out

of TCCHS. Rather, students of any race could choose to move from TCCHS

(a county school) to the Talladega City high school, which is funded and

run by a different school board.3

2 It is unclear whether the Parents also allege that the Board’s decision to close TCCHS deprived

them of their “constitutionally protected liberty to attend the school of their choice” in violation

of the Equal Protection Clause. But if so, the court’s analysis under its Procedural Due Process

section applies equally here: The Parents do not have a constitutionally protected interest in

sending their children to the public school of their choice.

3 The Talladega City School System is separate and distinct from the Talladega County School

System involved here. The city school system has a different Board of Education and

Superintendent. So any allegations against the Talladega City School System have nothing to

do with the School Defendants here.

In terms of opting out, Plaintiff Erika Cole (parent of a TCCHS

student), testified that she knew of two white students that lived in the

district zoned for TCCHS but attended high school in the Talladega City

School System. But the School Defendants showed that Talladega City

Schools have an open enrollment policy—allowing any student who wants

to attend their schools to do so, regardless of race. So any student zoned

for TCCHS had the option to enroll in the Talladega City School System

rather than attend TCCHS. Race didn’t matter.

In terms of opting in, the Parents say that students who wanted to

attend TCCHS, but lived outside the district, were not allowed to enroll

at TCCHS. Plaintiff Katrina Burk said she lives outside the district for

TCCHS but wants her son to attend TCCHS because it provides smaller

class sizes than other schools. The Parents argue that if the Board allowed

out-of-district students to attend TCCHS, the school’s enrollment

numbers would easily be met. But the Parents failed to present evidence

of any students (other than Burk’s son) that live outside the district and

want to attend TCCHS, and they failed to present evidence of any opt-in

policy that would allow students to “save” TCCHS with the way the

current district lines are drawn.4

But even if they did, the Parents have not shown a racially disparate

impact or purpose. Cook, 573 F.3d at 1152. The Parents presented no

evidence that white and black students were treated differently. Instead,

the evidence suggested that no student, black or white, could attend

TCCHS unless they lived in the district zoned for TCCHS. And the

evidence showed that any student, black or white, could leave TCCHS and

attend a Talladega City school because of that school system’s open

enrollment policy. In short, the Parents presented “no facts from which a

racial motive for [their] treatment can be inferred.” Lambert v. Bd. of

Trustees, 793 F. App’x 938, 942 (11th Cir. 2019). Rather, organic factors

other than race appear to have caused TCCHS’s closure.

4 As discussed below, school district lines were drawn to correspond to special tax districts.

The Parents also base their equal protection claim on allegations

that the Board (predominantly white) drew districting lines to interfere

with TCCHS (predominantly black) maintaining its necessary numbers to

stay open. The Parents say the Board has a 60-year history of racial

animus. (Doc. 1, p. 7, ¶ 29).

The Board says that district lines have not been changed because

the lines are based on Alabama special tax districts. According to Deputy

Superintendent Ozment, parents in four school districts (Childersburg,

Lincoln, Munford, and Winterboro) voted for higher property taxes in

their districts (with resulting funds from these taxes allocated to

upgraded facilities and enhanced programming in schools), but the

TCCHS district voted against the special tax increase. So if the Board

redrew district lines, parents in special tax districts would pay the special

tax but send their child to a non-special tax district (i.e., TCCHS), and

TCCHS students would attend schools in special tax districts without

their parents having to pay the tax. Once the school came under priority

status, Superintendent Lacey said she did not try to adjust district lines

by adding students to the TCCHS district because 11% of students

indicated they were leaving TCCHS under the school choice option. Lacey

testified that even if she chose to expand district borders, because the

state looks at attendance in arrears, the problem would persist because

the school choice requirement would still be in place for at least three

upcoming school years.

While the Parents have alleged violations of the Equal Protection

Clause, they have presented no evidence to show that the Board’s drawing

of district lines, restrictions on students attending schools outside of their

district, or the decision to ultimately close TCCHS had anything to do with

race. On the contrary, Defendants showed nondiscriminatory reasons for

their drawing of district lines, showed that students are treated equally

in the requirement to attend schools within their zoned district, and

showed that the decision to close TCCHS was not because of race but

because of three factors: declining student enrollment, state

accountability requirements, and the excessive financial burden—

brought to a head with TCCHS being named a priority school. The

evidence shows that all races were treated equally in each decision the

Board and Superintendent Lacey made. So the Parents have failed to

carry their burden of showing that the School Defendants’ decisions were

motivated by a discriminatory purpose. Cook, 573 F.3d at 1152.

42 U.S.C. § 1983 – Procedural Due Process

“The Fourteenth Amendment prohibits any state from ‘depriv[ing]

any person of life, liberty, or property, without due process of law.’ U.S.

Const. amend. XIV, § 1. The most basic tenets of procedural due process

are notice and an opportunity to be heard.” Dyer v. Atlanta Indep. Sch.

Sys., 852 F. App’x 397, 402 (11th Cir. 2021) (citing Mullane v. Cent.

Hanover Bank & Tr. Co., 339 U.S. 306, 313 (1950)). “A Section 1983

procedural due process claim requires a plaintiff to prove three elements:

“(1) a deprivation of a constitutionally-protected liberty or property

interest; (2) state action; and (3) constitutionally-inadequate process.”

Catron v. City of St. Petersburg, 658 F.3d 1260, 1266 (11th Cir. 2011)

(citing Grayden v. Rhodes, 345 F.3d 1225, 1232 (11th Cir. 2003)).

First, the Parents fail to identify a constitutionally protected liberty

interest of which they have been deprived. The Parents say their children

have a constitutionally protected liberty interest in attending the school

of their choice. To support this assertion, they cite Barnes v. Zaccari, 669

F.3d 1295 (11th Cir. 2012) for the proposition that a student has a

constitutionally protected property interest in enrollment when the state’s

official regulations create a “legitimate claim of entitlement to remain

enrolled.” Id. at 1304. In Barnes, a student at a public institution was

expelled after publicly opposing the school president’s master plans for

the campus. Id. at 1299-1301. The school’s code of conduct and the Board’s

policy manual established that students could be punished if they violated

the code of conduct. The court found that Barnes did not violate the code—

so he had a legitimate claim of entitlement to remain enrolled at his

school. Id. at 1304-05. But the decision in Barnes derives from the right

to enrollment in a state school—not to choosing in which specific state

school to enroll. Id. at 1305 (“Indeed, no tenet of constitutional law is more

clearly established than the rule that a property interest in continued

enrollment in a state school is an important entitlement protected by the

Due Process Clause of the Fourteenth Amendment.”) (emphasis added);

see Goss v. Lopez, 419 U.S. 565, 574 (1975). Indeed, other circuits have

explicitly identified this distinction. See Mullen v. Thompson, 31 F. App’x

77, 79 (3d Cir. 2002) (“Plaintiffs have no constitutionally cognizable

property or liberty interest in attending the individual school of their

choice.”); see also Seamons v. Snow, 84 F.3d 1226, 1234-35 (10th Cir. 1996)

(finding that the plaintiff did not have constitutional right to attend a

particular school).

The Parents have not shown they have a constitutionally protected

interest in sending their children to the public school of their choice, so

they fail to show a deprivation of any such interest here. But even if they

satisfied this first element, the Parents have not shown inadequate

process. The Parents say that the Board did not hold a public hearing to

discuss TCCHS closing, which violated Board procedure. (Doc. 1, p. 7, ¶

32; Doc. 1, p. 23, ¶ 36). The court agrees with the Parents that neither the

Superintendent nor Board members explicitly stated that closing TCCHS

was on the table until the Board voted to close the school on April 2, 2024.

And warning the Parents sooner may have been the wiser course.

But the School Defendants correctly argue that no rule or procedure

required them to warn the Parents that closure was a possible outcome.

In fact, as Superintendent Lacey’s testimony revealed, there was no policy

or procedure for closing a school in Talladega County. Nor had

Superintendent Lacey or the Board ever closed a school before. So while

earlier notice may have been preferrable, the Parents cannot point to a

specific process or procedure that the School Defendants failed to follow

before the Board voted to close TCCHS.

Lacey also testified that she complied with the state’s requirements

for priority schools: She sent notices to parents about the new school

choice requirement, offered opportunities for parents and students to tour

other schools, and had hearings to gather community input on the school

choice options. And when the school choice forms came back, 11% of

students indicated a plan to leave TCCHS. Although the Parents would

have preferred Lacey tell them that the school might close earlier, nothing

required her to do so. And as soon as the Board voted to close the school,

Lacey informed parents of how to proceed with next steps.

—

In short, the School Defendants provided process for nearly four

months before deciding to close the school, and they complied with all

state requirements of school choice. Nothing more was required of them.

So even if the Parents are correct that the School Defendants should have

warned them sooner as a matter of courtesy, they cannot prove the School

Defendants violated their rights as a matter of law.

ii. Superintendent Lacey – Individual Capacity

“Qualified immunity offers complete protection for government

officials sued in their individual capacities if their conduct ‘does not

violate clearly established statutory or constitutional rights of which a

reasonable person would have known.’” Brown v. City of Huntsville, Ala.,

608 F.3d 724, 733 (11th Cir. 2010). “An official asserting qualified

immunity ‘must first prove that he was acting within the scope of his

discretionary authority.’” Litaker v. Hoover Bd. of Educ., 277 F. Supp. 3d

1267, 1290 (N.D. Ala. 2017) (citing Lee v. Ferraro, 284 F.3d 1188, 1194

(11th Cir. 2002)). Then the burden shifts to the plaintiff to show that: “(1)

the defendant violated a constitutional right, and (2) this right was clearly

established at the time of the alleged violation.” Holloman ex rel.

Holloman v. Harland, 370 F.3d 1252, 1264 (11th Cir. 2004) (citing Wilson

v. Layne, 526 U.S. 603, 609 (1999)).

The court finds that Lacey was acting within the scope of her

discretionary authority when she recommended that the Board close

TCCHS. When Lacey received notice of TCCHS’s listing as a Priority

School, she gathered input from parents on whether their students would

invoke the school choice options. When 11% said yes, Lacey testified that

she evaluated the per-pupil expenditures of TCCHS compared to other

schools in the county, in addition to additional funding that TCCHS

required to stay open. Lacey testified that after evaluating the costs, along

with the low enrollment numbers, TCCHS’s priority status was a serious

concern that she immediately brought to the Board.

The Parents must show that, in exercising these discretionary

functions, Lacey violated a constitutional right, and that this right was

clearly established at the time of the alleged violation. Holloman, 370 F.3d

at 1264. The Parents have failed to do so because, as discussed above, they

do not have a constitutionally protected liberty interest in sending their

children to the public school of their choice. So Lacey is entitled to

qualified immunity on these claims.

iii. Superintendent Lacey – Official Capacity

Lacey is not, however, subject to qualified immunity in her official

capacity as Superintendent. That said, Lacey did not make the decision to

close TCCHS, and she cannot reverse the Board’s decision to do so. So the

court finds that the Parents have failed to show a substantial likelihood

of success on the merits against Superintendent Lacey for the same

reasons they have failed to satisfy this element against the Board.

B. State law claim

The Parents also argue that the School Defendants violated

Alabama’s Open Meetings Act (“OMA”). This is a state-law claim,

meaning that the court must exercise supplemental jurisdiction to

consider it.

Under 28 U.S.C. § 1367(a), unless section 1367(b) or (c) applies, the

district court shall have supplemental jurisdiction over both additional

claims and additional parties when those claims “are so related to claims

in the action within [the] original jurisdiction [of the court] that they form

part of the same case or controversy under Article III of the United States

Constitution.” 28 U.S.C. § 1367(a). Section 1367(c) allows a federal court

to exercise some discretion in refusing to hear a case otherwise within its

supplemental jurisdiction. Palmer v. Hosp. Auth. of Randolph Cnty., 22

F.3d 1559, 1563 (11th Cir. 1994).

Federalism concerns (i.e., allowing state courts to decide state law)

dictate this federal court decline supplemental jurisdiction over the

Parents’ state-law claim if the case moves forward and the Parents cannot

plead or prove a viable claim under federal law.

For now, the court finds that regardless of whether it ultimately

exercises supplemental jurisdiction over the Parents’ state-law OMA

claim, that claim does not warrant preliminary injunctive relief. The

Alabama Open Meetings Act requires that all meetings of a governmental

body be open to the public with prior notice. Ala. Code § 36-25A-1. The

Parents allege that Superintendent Lacey and the Board voted to close

the school without parental presence or input and failed to post public

notice of the school’s closure in time for parents to discuss the matter.

(Doc. 1, p. 23, ¶ 34).

But the evidence shows otherwise. The Board held an open meeting

on April 2, 2024, to discuss the school closing, with members of the public

present. One member of the public, Stanley Garrett, “addressed the board

on behalf of [TCCHS] students, parents, staff and alumni.” (Doc. 1, p. 21).

Further, the Friday before the April 2 meeting, “[o]ver 100 people turned

out [] on the baseball field at Talladega County Central High School to

show their support for keeping the school open in the face of declining

enrollment and financial straits.”5 “Mary Wells, founder of the TCCHS

Advisory Task Force and one of the keynote speakers, encouraged

everyone present to turn out for a called meeting Tuesday of the Talladega

County Board of Education.” Other speakers encouraged everyone in

attendance to “bring even more people to Tuesday’s board meeting.” Id.

5 Chris Norwood, TCCHS Supporters Urged to Attend County Board Meeting Today, THE DAILY

HOME (Apr. 2, 2024), https://www.annistonstar.com/the_daily_home/dh_news/tcchs-supporters-

urged-to-attend-county-board-meeting-today/article_5c05fc38-f0ba-11ee-80fb-

dfda86ea93a7.html.

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Supporters of Talladega County Central High School gather at a rally Friday at the school's baseball field. Mary Wells,

founder of the TCCHS Advisory Task Force and one of the keynote speakers, encouraged everyone present to turn out fora

called meeting Tuesday of the Talladega County Board of Education. As it turns out, it was at that meeting where the vote to

close the school was taken.

And three weeks before the April 2 meeting, Mary Wells was listed

on the March 11, 2024 Agenda and Board Meeting Minutes under “Hear

Requests/Statements from Groups and Recognitions.” (Doc. 16-10, pp. 1-

2). So the court finds that the Parents have failed to prove a substantial

likelihood of success on the merits as to their state-law claim, should the

court decide to exercise supplemental jurisdiction over it.

C. The Parents’ Motion for Judgment as a Matter of Law

After the hearing, the Parents moved for post-trial determinations

and judgment as a matter of law based on the evidence presented at the

hearing. (Doc. 17). In that motion, the Parents allege for the first time

that the Board must present two public hearings regarding budget

determinations under Ala. Code § 16-138-140.

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The court will not grant judgment as a matter of law on this claim

for two reasons. First, the court is unlikely to decide this claim. As

discussed in Part A, the Parents failed to establish that the School

Defendants have violated a constitutionally protected liberty interest, so

they have failed to establish a substantial likelihood of success on the

merits of a federal claim. As mentioned in Part B, the court is unlikely to

exercise supplemental jurisdiction over a state-law claim under the Open

Meetings Act if the Parents cannot plead or prove a viable federal claim.

Put together, this means the court is unlikely to decide a claim that the

School Defendants violated Ala. Code § 16-13-140 if the Parents amend

their complaint to add this claim.

Second, even if the Parents add this claim and the court has

jurisdiction to decide it, the court finds that the Parents are not presently

entitled to judgment as a matter of law on the claim. First, there has been

no discovery or presentation of evidence on the claim, so the court cannot

know whether an essential fact question is disputed. Second, the court

notes that the cited statute applies to hearings required “pertaining to

[the Board’s] proposed annual budget,” Ala. Code. § 16-13-140(c), not the

Board’s decision to close a school. There are no allegations in the

complaint that the Board failed to hold the required budget meetings, and

the court will not consider new allegations now.

CONCLUSION

For the reasons stated within, the court DENIES the Parents’

motion for a preliminary injunction. (Docs. 2, 3). The court also DENIES

their post-hearing motion for judgment as a matter of law. (Doc. 17).

The Board has until on or before July 17, 2024, to answer or

otherwise respond to the Parents’ complaint.

DONE and ORDERED on June 25, 2024.

Lassef Hay

/

COREY'L. MAZE

UNITED STATES DISTRICT JUDGE

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