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SOUTH BEND, Ind. — A push to try and keep South Bend Clay High School open appears to be withering away.

A judge has denied a request by an advocacy group called “Save Clay” to file a federal lawsuit accusing the school district of violating a federal desegregation ruling from the 1980s. The group hoped to use the ruling to try and keep Clay open, saying the district has no clear transition plan for when Clay closes to stay in compliance with the 40-year-old ruling.

The judge, on the other hand, pointed out that the ruling states schools could close in the future as long as the closures fall equitably among all social groups. He added that the group has not met its burden of proof in stating the district has no clear transition plan.

He says South Bend Community Schools has so far shown compliance with that statute in their plan to close Clay and that even though a final transition plan is not public yet the group’s lawsuit is “premature.”

The matter is not entirely settled yet. Save Clay says the judge has allowed further public comment to take place on the matter and that they will continue to find avenues to try and keep Clay High School open.

The judge also said South Bend Community Schools has until December 20th to share their full transition plans with the public.