Order to Surrender Textbooks

     [||85a6edf7-0c60-40bb-bf0c-1800eabe94dc||] ~~ conclusions of law this date released, finds, and it is 

   
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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

WESTERN DIVISION 

DELORES NORWOOD, ET AL, Plaintiffs 

yor | NO. WC 70-53-XK 

D. L. HARRISON, ET AL, Defendants 

ORDER 

This cause having come on to be heard upon the objections 

-made by plaintiffs to the eligibility of certain private schools 

in Mississippi to continue receiving state textbook aid, notwith- 

~standing their approval by the State Textbook Purchasing Board 

(Sone), and the court having conducted a series of evidentiary 

"hearings with respect to seven private academies Toke Sliaiblitey 

SS fomained at issue, and having permitted four other private 

academies to withdraw their request for state-owned textbooks 

"and surrender them to state officials, and after having maturely 
R/S 

considered the evidence offered in the cause and in accordance 

with the mandate of the United States Supreme Court in Norwood Vv. 
  

  

Harrison, =-— US ---, 37 5, ed 28 723 (1973), the court, ‘for reasons 

set forth in Memorandum Opinion incorporating findings of fact and 

ORDERED 

1. That the Board be and it is hereby commanded and 

enjoined to take up and require the surrender of all state-owned 

textbooks in the possession of Sylva Bay Academy, West Talla. nie 

Academy, South Haven Mennonite School and County Day School, iouna 

by this court to be ineligible to receive or to continue to us: 

 



  

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during the pendency of any appeal that may be taken herein, with 

“reasonable rent from this date until the date of final disposition 

  

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textbooks provided by the State of Mississippi; and the said 

private schools, to-wit: Sylva Bay Academy, West Tallahatchie 

Academy, South Haven Mennonite School and County Day School be 

and they are hereby commanded forthwith to turn over and deliver 

to the Board all such state-owned textbooks in their possession. 

This order shall be stayed for a period of 20 days within which 

to allow the said four private schools, if they are desirous of 

“taking an appeal to the Court of Appeals, to post bond in an 

amount double the value of all state textbooks in the possession 

of each such school as determined by the Board's secretary, said 

“bond to be supported by good and sufficient surety and conditioned 

to pay the Board for the loss, damage or destruction of all books 

of an appeal in the event this order is affirmed. In the absence 

- of any such school, desiring to appeal, failing to comply with 

the conditions of stay herein imposed, the right to continue to 

‘be in possession of state textbooks shall expire at the end of 

<i vthe 20-day period. 

2. That French Camp Academy and Christ Episcopal Day 

School be and they are hereby declared to be eligible to receive 

and continue to use state-owned textbooks. 

3. That Presbyterian Day School be and it is, for the 

reasons set forth in Memorandum Opinion, approved conditionally, 

only for the school year 1974-75 with respect to the continued 

use of state-owned textbooks and placed on probationary status 

pending further evidentiary hearings to be ordered by this court 

in ‘1975, 

 



    

4. That any private school making application for text- 

book assistance not already approved for such assistance by this 

court shall complete and file with the Board a certification and 

background form (Ex. A to the court's order of July 25, 1973), 

In the event the Board or its successors in office hereafter 

certify any such beivate school as eligible for textbook assistance, 

the Board shall forthwith notify plaintiffs' counsel of record 

of such determination and shall simultaneously supply him with 

the certification and background form supplied by the subject 

private school. Thereafter, plaintiffs shall have 20 days within 

Whiih to file with the court objections to certification, 2 

“such objections are filed, the Board shall not distribute or 

otherwise make available state-owned textbooks to the applying 

private school until the A iS of eligibility has first 

been ohisron by this court. | 4 

The court retains continuing jurisdiction for the purpose 

of issuing such fantner and supplemental orders as may be neces- 

“gary 60 effectuate the intent 58 14% Memorandum Opinion, the 

‘requirements of the Supreme Court and the United States Consti- 

Te okutlon, 

an, ~ The clerk of this court is hereby directed to serve by 

Zimail a certified copy of this order upon the Board's secretary, 

the executive headmaster or principal of each of the seven schools 

specifically subject to this adjudication, and upon A. F. Summer, 

Attorney General of the State of Mississippi. 

This, 12th day of July, 1974. 

  

Chief Judge 

United States District Court [||85a6edf7-0c60-40bb-bf0c-1800eabe94dc||]