BY ANDREA TORTORA
The Cincinnati Enquirer
WILLIAMSTOWN -- The Grant County School Board violated students' civil rights and set a pretext for illegal sex discrimination when it barred two 17-year-old students from the National Honor Society because of their pregnancies, an American Civil Liberties Union attorney said Wednesday.
"For one thing, it's a clear violation of federal law to treat pregnant and parenting students in the way this school board apparently has done," said Sara Mandelbaum, senior staff attorney for the ACLU's Women's Rights Project in New York City.
Somer Chipman and Chasity Glass challenged the school's decision in May. Somer just gave birth to baby girl Cheyenne, and Chasity is the mother of 1-year-old Shelby.
The board upheld the actions of the honor society's selection committee after an investigation by its attorney found there was no violation of admission criteria or district procedures against discrimination.
This is the first such case ACLU has entered, Ms. Mandelbaum said, adding that the group considers it to be of national significance. The ACLU is also looking at cases in Xenia, Ohio, and in Texas.
Ms. Mandelbaum is asking the board to clarify its decision and explain what criteria other than the girls' pregnancies were used to deny them membership in the school's chapter of the National Honor Society. Ms. Mandelbaum and Somer said they would consider legal action if necessary to resolve the case.
Somer said she's pleased that such a large organization is taking notice of what's happening in Grant County.
"I'm optimistic about it," Somer said. "The board has some questions to answer and even if we just get those questions answered, that would be a big step."
Ms. Mandelbaum, who was made aware of the case by Lance Lucas, a Florence attorney representing Somer, wrote a letter June 17 to Don Ruberg, Grant County School Board attorney. The letter, Ms. Mandelbaum said, is an attempt to reach an informal resolution for both students.
In the letter, Ms. Mandelbaum asks for documentation of how students were evaluated for membership in the honor society. She cites several areas where she thinks the school board violated case law and various provisions of Title IX of the Education Amendments to the Civil Rights Act, including the exclusion to students based on pregnancy or acts leading up to pregnancy.
She asks that Somer and Chasity immediately be allowed to participate in honor society activities and be inducted as official members at the next scheduled ceremony in spring 1999.
Mr. Ruberg said he sent a written response to Ms. Mandelbaum on Tuesday, stating that his office conducted a complete re-evaluation of the honor society's selection process and found that neither girl was treated differently because of gender or parental status. "We're well aware of the legal authority cited in the (ACLU's) letter," Mr. Ruberg said. "There is nothing in that letter that changes the results of our investigation."
Admission to the honor society is based on a student's outstanding performance in the areas of scholarship, service, leadership and character.
Somer has a 3.8 grade-point average and Chasity a 3.7 -- above that required for Grant County honor society students. Both girls are active in extracurricular and outside activities.
In May, attorney Sue Cassidy evaluated the selection process for the school board. She said the students' sexual conduct was not the sole criteria used to deny them membership. Ms. Cassidy also said she was confident that if it was known that male students were engaged in premarital sex, they would have been treated in the same manner as the two girls.
But Ms. Mandelbaum said she questions how a school would ever know if boys were sexually active unless the students admitted they were.
"Something that should strike us as wrong is that they are punishing the girls as if they did it to themselves or it was an immaculate conception," Ms. Mandelbaum said. "It's insulting."
