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New lawsuit alleges race-based discrimination by all-white community college board

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New lawsuit alleges race-based discrimination by all-white community college board

When the Mississippi Community College Board unanimously selected Kell Smith as executive director earlier this year, it discriminated against a more-educated Black applicant who had worked at the agency longer, according to a filed in federal court on Tuesday.

In January, the 10-member board, composed entirely of white people, announced that Smith, a white man, would be the sixth executive director of the agency that oversees for Mississippi's 15 community colleges. Smith, the agency's longtime director of communications, was elevated to the position over Shawn Mackey, the deputy executive director for accountability who is Black. 

Now Mackey, through his attorney Lisa Ross, is suing MCCB for discrimination and seeking damages for emotional distress. Smith, who is also serving as communications director for MCCB, said the board had no comment on the lawsuit filed in the Southern District of Mississippi.

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The lawsuit takes place against MCCB's 36-year history in which it has never had a Black executive director. There have been just five Black board members of MCCB whose terms did not overlap, according to the lawsuit. MCCB's counterpart, the Institutions of Higher Learning Board of Trustees, hired its first Black commissioner in 2018 when Alfred Rankins was appointed to the role

The executive director serves as MCCB's representative to the leadership and oversees the day-to-day functions of the agency. Unlike Mississippi's eight public universities, the 15 community colleges are independently governed.

According to the lawsuit, Mackey started working at MCCB in 2007 and, in the years since, has served in various “executive leadership positions,” such as the director of career and technical education. With a doctorate degree in higher education administration, Mackey “has supervised every department within the agency, except for the finance division,” the lawsuit says.

“Mackey is well respected by the MCCB staff, community college presidents, elected and constituents for his expertise, professionalism, and leadership,” the lawsuit says.

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In 2015, Mackey was a finalist for the executive director role when MCCB hired Andrea Mayfield, at the time a president of a community college in Alabama. That search saw allegations of political inference, according to the Associated Press. It is unclear if Smith also applied for the job that year. 

On July 16, 2021, the day that Mayfield resigned her post, the board appointed Smith to serve as interim executive director. Since he started working at MCCB in 2008, Smith had only held one position — director of communications and legislative services, a job that did not require him to supervise employees, according to the lawsuit. Smith's highest degree is a master's of public policy and administration, according to his bio on MCCB's website. 

About a later, Mackey requested a meeting with John Pigott, the board chair, “to discuss his interest in becoming the Executive Director and highlight his qualifications and experience for the job,” the lawsuit says. But Pigott, who was appointed in 2012 by former Gov. Phil Bryant, refused to meet with Mackey, instead asking him to “submit a written strategic vision to him.”

“Mackey was never contacted by Pigott or any other Board members to examine his strategic vision or discuss his being employed as Executive Director,” the lawsuit alleges.

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The lawsuit alleges that when Smith was appointed to the interim role, he met only one of the minimum qualifications of the position — “proficiency in working with federal and state policymakers.”

“This fact was underscored by Smith himself, who announced to the Board and to colleagues on various occasions that he did not have the knowledge or experience necessary to serve as Executive Director,” the lawsuit says.

Mackey informed the board in August 2021 that he wanted to apply for the position and submitted “several letters of ,” but the board chose to keep the position open. Then in January 2022, the lawsuit alleges that board members voted to reduce the minimum qualifications for the position from “an earned doctorate degree from a regionally accredited college or ” to “a master's degree in any field, and evidence of experience in administration, leadership and engagement at regional, state or national levels.”

The board interviewed Mackey but kept the position open for 18 months, allowing Smith, the lawsuit alleges, “time to shore up his resume to meet the new criterion established by the board.”

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MCCB members are gubernatorial appointments. All three of Gov. Tate Reeves' 2021 selections were campaign donors

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Federal panel prescribes new mental health strategy to curb maternal deaths

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For help, call or text the National Maternal Mental Health Hotline at 1-833-TLC-MAMA (1-833-852-6262) or contact the 988 Suicide & Crisis Lifeline by dialing or texting “988.” Spanish-language services are also available.

BRIDGEPORT, Conn. — Milagros Aquino was to find a new place to live and had been struggling to get used to new foods after she moved to Bridgeport from Peru with her husband and young son in 2023.

When Aquino, now 31, got pregnant in May 2023, “instantly everything got so much worse than before,” she said. “I was so sad and lying in bed all day. I was really lost and just surviving.”

Aquino has lots of company.

Perinatal depression affects as many as 20% of women in the United States during pregnancy, the postpartum period, or both, according to studies. In some states, anxiety or depression afflicts nearly a quarter of new mothers or pregnant women.

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Many women in the U.S. go untreated because there is no widely deployed system to screen for mental illness in mothers, despite widespread recommendations to do so. Experts say the lack of screening has driven higher rates of mental illness, suicide, and drug overdoses that are now the leading causes of death in the first year after a woman gives birth.

“This is a systemic issue, a medical issue, and a human rights issue,” said Lindsay R. Standeven, a perinatal psychiatrist and the clinical and education director of the Johns Hopkins Reproductive Mental Health Center.

Standeven said the root causes of the problem include racial and socioeconomic disparities in maternal care and a lack of support systems for new mothers. She also pointed a finger at a shortage of mental health professionals, insufficient maternal mental health training for providers, and insufficient reimbursement for mental health services. Finally, Standeven said, the problem is exacerbated by the absence of national maternity policies, and the access to weapons.

Those factors helped drive a 105% increase in postpartum depression from 2010 to 2021, according to the American Journal of Obstetrics & Gynecology.

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For Aquino, it wasn't until the last weeks of her pregnancy, when she signed up for acupuncture to relieve her stress, that a social worker helped her get care through the Emme Coalition, which connects girls and women with financial help, mental health counseling services, and other resources.

Mothers diagnosed with perinatal depression or anxiety during or after pregnancy are at about three times the risk of suicidal behavior and six times the risk of suicide with mothers without a mood disorder, according to recent U.S. and international studies in JAMA Network Open and The BMJ.

The toll of the maternal mental health crisis is particularly acute in rural communities that have become maternity care deserts, as small hospitals close their labor and delivery units because of plummeting birth rates, or because of financial or staffing issues.

This , the Maternal Mental Health Task Force — co-led by the Office on Women's Health and the Substance Abuse and Mental Health Services Administration and formed in September to respond to the problem — recommended creating maternity care centers that could serve as hubs of integrated care and birthing facilities by building upon the services and personnel already in communities.

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The task force will soon determine what portions of the plan will require congressional action and to implement and what will be “low-hanging fruit,” said Joy Burkhard, a member of the task force and the executive director of the nonprofit Policy Center for Maternal Mental Health.

Burkhard said equitable access to care is essential. The task force recommended that federal officials identify where maternity centers should be placed based on data identifying the underserved. “Rural America,” she said, “is first and foremost.”

There are shortages of care in “unlikely areas,” including Los Angeles County, where some maternity wards have recently closed, said Burkhard. Urban areas that are underserved would also be eligible to get the new centers.

“All that mothers are asking for is maternity care that makes sense. Right now, none of that exists,” she said.

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Several pilot programs are designed to help struggling mothers by training and equipping midwives and doulas, people who provide guidance and support to the mothers of newborns.

In Montana, rates of maternal depression before, during, and after pregnancy are higher than the national average. From 2017 to 2020, approximately 15% of mothers experienced postpartum depression and 27% experienced perinatal depression, according to the Montana Pregnancy Risk Assessment Monitoring System. The had the sixth-highest maternal mortality rate in the country in 2019, when it received a federal grant to begin training doulas.

To date, the program has trained 108 doulas, many of whom are Native American. Native Americans make up 6.6% of Montana's population. Indigenous people, particularly those in rural areas, have twice the national rate of severe maternal morbidity and mortality compared with white women, according to a study in Obstetrics and Gynecology.

Stephanie Fitch, grant manager at Montana Obstetrics & Maternal Support at Billings Clinic, said training doulas “has the potential to counter systemic barriers that disproportionately impact our tribal communities and improve overall community health.”

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Twelve states and Washington, D.C., have Medicaid coverage for doula care, according to the National Health Program. They are California, Florida, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oklahoma, Oregon, Rhode Island, and Virginia. Medicaid pays for about 41% of births in the U.S., according to the Centers for Disease Control and Prevention.

Jacqueline Carrizo, a doula assigned to Aquino through the Emme Coalition, played an important role in Aquino's recovery. Aquino said she couldn't have imagined going through such a “dark time alone.” With Carrizo's support, “I could make it,” she said.

Genetic and environmental factors, or a past mental health disorder, can increase the risk of depression or anxiety during pregnancy. But mood disorders can happen to anyone.

Teresa Martinez, 30, of Price, Utah, had struggled with anxiety and infertility for years before she conceived her first child. The joy and relief of giving birth to her son in 2012 were short-lived.

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Without warning, “a dark cloud came over me,” she said.

Martinez was afraid to tell her husband. “As a woman, you feel so much pressure and you don't want that stigma of not being a good mom,” she said.

In recent years, programs around the country have started to help doctors recognize mothers' mood disorders and learn how to help them before any harm is done.

One of the most successful is the Massachusetts Child Psychiatry Access Program for Moms, which began a decade ago and has since spread to 29 states. The program, supported by federal and state funding, provides tools and training for physicians and other providers to screen and identify disorders, triage patients, and offer treatment options.

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But the expansion of maternal mental health programs is taking place amid sparse resources in much of rural America. Many programs across the country have run out of money.

The federal task force proposed that fund and create consultation programs similar to the one in Massachusetts, but not to replace the ones already in place, said Burkhard.

In April, Missouri became the latest state to adopt the Massachusetts model. Women on Medicaid in Missouri are 10 times as likely to die within one year of pregnancy as those with private insurance. From 2018 through 2020, an average of 70 Missouri women died each year while pregnant or within one year of giving birth, according to state government statistics.

Wendy Ell, executive director of the Maternal Health Access Project in Missouri, called her service a “lifesaving resource” that is and easy to access for any health care provider in the state who sees patients in the perinatal period.

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About 50 health care providers have signed up for Ell's program since it began. Within 30 minutes of a request, the providers can consult over the phone with one of three perinatal psychiatrists. But while the doctors can get help from the psychiatrists, mental health resources for patients are not as readily available.

The task force called for federal funding to train more mental health providers and place them in high-need areas like Missouri. The task force also recommended training and certifying a more diverse workforce of community mental health workers, patient navigators, doulas, and peer support specialists in areas where they are most needed.

A new voluntary curriculum in reproductive psychiatry is designed to help psychiatry residents, fellows, and mental health practitioners who may have little or no training or education about the management of psychiatric illness in the perinatal period. A small study found that the curriculum significantly improved psychiatrists' ability to treat perinatal women with mental illness, said Standeven, who contributed to the training program and is one of the study's authors.

Nancy Byatt, a perinatal psychiatrist at the University of Massachusetts Chan School of Medicine who led the launch of the Massachusetts Child Psychiatry Access Program for Moms in 2014, said there is still a lot of work to do.

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“I think that the most important thing is that we have made a lot of progress and, in that sense, I am kind of hopeful,” Byatt said.

Cheryl Platzman Weinstock's reporting is supported by a grant from the National Institute for Health Care Management Foundation. KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

New law gives state board power to probe officer misconduct

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mississippitoday.org – Jerry Mitchell – 2024-05-16 10:59:23

The state's officer certification and board now has the power to investigate enforcement misconduct.

Gov. Tate Reeves signed the bill making it official.

Public Safety Commissioner Sean Tindell, who pushed for the legislation, said that House Bill 691 authorizes the Board of Law Enforcement Officer Standards and Training “to launch its own investigations into officer misconduct. This change, along with the to hire two investigators, will improve the board's ability to ensure officer professionalism and standards.”

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The new law comes in the wake of an investigation by the Mississippi Center for Investigative Reporting at Mississippi Today and The New York Times into sheriffs and deputies across the state over allegations of sexual abuse, torture and corruption.

Tindell said the new law will “improve law-enforcement training in Mississippi by requiring all law enforcement officers to continuing training throughout an officer's career.”

Under that law, deputies, sheriffs and state law enforcement officers will join officers in the requirement to have up to 24 hours of continuing education training. Those who fail to train could lose their certifications.

Other changes will take place as well. Each year, the licensing board will have to on its activities to the and the governor. 

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Tindell thanked Reeves “for signing this important piece of legislation and the legislative leaders who supported its passage, the author of HB 691, Representative Fred Shanks.”

Shanks, R-Brandon, praised the “team effort with some very smart people who want a top-notch law enforcement community.”

The new law creates a 13-member board with the governor six appointments – two police chiefs, two sheriffs, a district attorney and the director of the Mississippi Law Enforcement Officers' Training Academy.

Other members would include the or a designee, the director of the Mississippi Highway Patrol, the public safety commissioner and the presidents of the Mississippi Association of Chiefs of Police, the Mississippi Constable Association, the Mississippi Campus Law Enforcement Association and the Mississippi Sheriffs' Association (or their designees).

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“We obviously need checks and balances on how law enforcement officers conduct themselves,” said state Sen. John Horhn, D-Jackson. “This is a good first step.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Lawmakers punt to next year efforts to expand college aid for low-income Mississippians

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mississippitoday.org – Molly Minta – 2024-05-16 09:49:59

A bill to open a college financial aid program for the first time ever to who are adult, part-time and very low-income fell to the wayside in a legislative session dominated by fights over Medicaid and K-12 funding.

The effort to expand the Mississippi Tuition Assistance Grant, called MTAG, died in conference after it was removed from House Bill 765, legislation to financial assistance to teachers in critical shortage . The Senate had attached MTAG's code sections to that bill in an attempt to keep the expansion alive. 

This takes Jennifer Rogers, the director of the Mississippi Office of Student Financial Aid, back to the drawing board after years of championing legislation to modernize the way the helps Mississippians pay for college. 

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“At the end of the day, there was no appetite to spend any additional money on student financial aid,” Rogers said. “Obviously, I'm disappointed.” 

All told, the original proposal would have resulted in the state spending upwards of $30 million extra each year, almost doubling OSFA's roughly $50 million budget. 

The increase derived from two aspects of the proposal: An estimated 37,000 Mississippians who have never been eligible for college financial aid would have become eligible to it, and the scholarship amounts would have increased. 

While college students from millionaire families can get MTAG, the state's poorest students are not eligible, previously reported. 

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READ MORE: College financial aid program designed to exclude Mississippi's poorest students has helped children of millionaires

Rep. Kent McCarty, R-Hattiesburg, said he supports efforts to low-income Mississippians afford college, but that HB 765 was not an appropriate vehicle to do so because it was not an appropriations bill. Attempting to expand MTAG through that legislation would have put the original subject of HB 765, the Mississippi Critical Teachers Shortage Act, at risk.

“We didn't feel it was appropriate to include an appropriation in a bill that had not been through the appropriations ,” he said.

McCarty, a member of the House Universities and Colleges Committee, added that he is in favor of changing MTAG and doesn't understand the logic behind excluding from state financial aid Mississippi college students who receive a full federal Pell Grant, meaning they come from the state's poorest families.

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“What is the purpose of financial aid? To aid those who need financial aid,” he said. “Excluding a group of students because they're eligible for other financial aid doesn't make a lot of sense to me.”

Ultimately, the Mississippi House deemed the proposal too expensive. It never passed out of that chamber's Appropriations Committee. 

READ MORE: ‘A thing called money:' Bill to expand financial aid stalled after House lawmakers balk at price tag

Rogers said she plans to work with lawmakers to convince them that it is a good use of state dollars to invest in financial aid. She added that the support of the business community helped keep the bill alive as long as it did this session. The Mississippi Economic Council supported the legislation. 

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“I don't understand why there is such a hesitancy to invest more in the future workforce of the state,” she said. “I don't understand why there isn't a willingness to invest in student financial aid as a way to help more Mississippians complete meaningful certificates or degrees, valuable certificates or degrees and improve the quality of the workforce.” 

Senate Education Committee Chairman Dennis DeBar, R-Leakesville, told Mississippi Today that he hopes to take a closer look at MTAG this summer, noting that the Senate's version of the proposal, which also included a last-dollar tuition scholarship, was a priority of the lieutenant governor on last year's campaign trail.

“We had so many issues last session,” DeBar said. “Hopefully there won't be as many next year so we can just focus this year and get it across the finish line.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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