ITHACA - The city school district voted Wednesday to appeal a state-ordered $400,000 settlement of a lawsuit involving a black student who was harassed by white schoolmates.

The state Human Rights Commission ordered the payment to Amelia Kearney and her daughter Epiphany in May. It also told the district to reform the way it deals with racism in its schools.

The board said it agreed the district must respond more effectively to such incidents and noted it has already revised its code of conduct. But the board said some of the commission's directives were vague and unrealistic. Board members also said they were concerned about the cost.

The appeal must be taken to state Supreme Court in Tompkins County.

In a 2006 complaint, Amelia Kearney claimed the school district failed to act promptly and effectively to protect her daughter.

The harassment included racially abusive language, tripping, spitting, KKK signs and even threatened gun violence while Epiphany was a seventh-grader at DeWitt Middle School during the 2005-06 school year. Now 16, she will be entering her junior year in high school in Ithaca after spending time in another district.

Ray Schlather, the Kearneys' lawyer, said he was disappointed and “somewhat surprised” the board decided to challenge the order.

“It's disingenuous for the board to appeal on one hand, while on the other they claim they are working to improve equity and diversity in the district,” he said. “Instead of fighting, I would think they would want to embrace the opportunity for change.”