Diversity issue discussed in L. Merion school case

Starting in May 2008, the Lower Merion School District held meetings to find out from citizens which principles should drive a new redistricting plan.

Those concerns included limiting students' time on school buses and maximizing the "walk zone" around one high school.

But one of those values - to "explore and cultivate" diversity in Lower Merion - was central to the work of consultant Ross Haber as he drew attendance zones for school officials to consider in 2008 and early 2009 as plans were made for the opening of two new high schools.

Taking the witness stand on the third day of a racial-bias trial in Philadelphia, Haber said the officials let it be known that values identified by the community should inform his thinking about any scenario, and it did.

"There never came a time when race was not a factor in the process, correct?" asked David G.C. Arnold, attorney for the families of nine African American children whose suit alleges they were singled out for mandatory busing to Harriton High School when they could have walked to Lower Merion High School.

"I don't believe so," replied Haber, president of Haber Associates Inc. in Port Washington, N.Y.

But on cross-examination, Judith E. Harris, attorney for the school district, got Haber to say that balancing enrollment between the two new high schools, not addressing ethnicity, was the prime goal of redistricting.

"You were never told to change a scenario based on diversity, were you?" asked Harris.

"No," Haber replied.

Harris also chipped away at Haber's understanding of the community's values.

"No one ever gave you a mandate for using community values. It was a guideline, correct?" Harris asked.

"Correct," Haber replied.

His comments came before U.S. District Judge Michael M. Baylson, who is hearing the complaint of the nine students, who live in South Ardmore.

The students alleged in court papers in May that their predominantly African American neighborhood was picked for mandatory busing to Harriton High, five miles away, because of race.

One of the plaintiffs is enrolled at Harriton. The others are middle or elementary-school students. All are shielded by pseudonyms because they are minors.

After a lengthy process that included input from Haber, the school board voted, 6-2, to adopt a plan on Jan. 12, 2009.

Monday's testimony shed light on a controversial phrase spotlighted by bloggers when it became public after exhibits were unsealed by Baylson.

In a 2008 memo to school officials, Haber offered to "create a color-blind scenario," but school officials, including schools Superintendent Christopher McGinley, never asked for it.

"Color-blind" meant dropping race as a parameter for any scenario, Haber testified.

"Did Dr. McGinley ask you to forward any color-blind scenario?" asked Arnold.

"No," replied Haber. "I did send a color-blind scenario, but to the best of my recollection, the district never used it."

Under a 2007 U.S. Supreme Court decision in a case involving the Seattle school system, it is illegal to use race as the basis for assigning children to schools.

Testimony in the trial resumes Wednesday.

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