Correspondence from Lani Guinier to Bruce Wessel, Esq. Re: Major v. Treen

    IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION 

JOHN BARNHARDT, et al, 

Plaintiffs, 

UNITED STATES OF AMERICA, 

Plalnbifevintervencs, 

Vv. | | : CIVIL ACTION NO. 1300 

MERIDIAN MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al, 

Defendants. 

  

AMENDED DESEGREGATION PLAN 
  

Come now the Defendants in the above styled and numbered 

cause and submit the following amended desegregation plan under 

which the said Defendants propose to complete the elimination 

of the dual ‘school system of the Meridian Municipal Separate 

School District in accordance with previous orders of this Court. 

This amended desegregation plan is being filed in a good 

faith effort to comply with the informal opinions expressed by 

Judge Walter L. Nixon, Jr., in his letter dated August 14, 1969, 

addressed to the Board of Trustees of this school district. 

The Board of Trustees of the defendant school district has 

met on numerous occasions and has considered and reconsidered 

the problems eminently facing this school district in its effort 

to complete 'the elimination of the dual school system. The board 

is aware of the law as set forth in Green v. County School Board 
  

of New Kent County, 391 U.S, 430, 88 S.Ct. 1689, 20 L.Ed.24 716; 
  

Raney v, Board of Education, 391 U.S. 433, 88 S.Ct. 1697, 20 L.Ed. 
  

2d 727 and as more recently interpreted by the Fifth Circuit Court 

 



  

of Appeals in its opinion in The United States of America by 
  

John Mitchell, Attorney General v. Board of Education of Baldwin 
  

gouniy, et al, No. 27,281. 
  

The defendants would respectfully further affirmatively 

state and charge that they have not "adamantly adhered" to a 

determination to continue freedom of choice as its plan of 

operation. On the contrary, this district has made a good faith 

effort to comply with its obligations under the decisional law 

of the land; and, the statistical facts alone prove conclusively 

that this school district has more desegregation of students and 

more effective desegregation of faculty than any other school 

district within the State of Mississippi. (During 1968-69 two- 

thirds of all of the pupils within the district were taught by 

a member of the opposite race.) 

This district has affirmatively set forth numerous definite, 

specific and positive steps that it can and will carry out during 

the 1969-70 school year in order to bring about an orderly, 

effective and meaningful transition from the dual school system 

to a complete elimination of the last vestages of the dual school 

system. These have been enumerated in the deferdants' main 

desegregation plan previously filed with this Court on August 11, 

1969. | 

The defendants have set out in copious detail the true facts 

as to why this district cannot desegregate the 10th, llth and 

12th grades effective with the 1969-70 school year. The defendants 

will file with this Court overwhelming evidence as to why it is 

impossible to accomplish desegregation of its elementary schools 

effective with the 1969-70 school year. Even the H.E.W. plan 

recognized the utter impossibility of requiring desegregation of 

the elementary schools effective with 1969-70. 

“le 

 



  

The defendants would further show unto the Court that it 

is a practical impossibility for it to desegregate its four 

junior high schools effective with the 1969-70 school year. 

The defendants will file with this Court overwhelming evidence 

to show unto the Court the practical impossibility of desegregating 

the junior high schools effective with the 1969-70 school year. 

The defendants in their original plan proposed to defer the 

desegregation of the four junior high schools until the beginning 

of the 1971-72 school year. The defendants are still of the 

studied and considered opinion that this would be in the best 

interest of all of the pupils within the district; HOWEVER, the 

defendant school district will exert its time and energies to 

making this desegregation step effective with the beginning of 

the 1970~71 school year. 

The defendant school district therefore amends its desegre- 

gation plan as filed with this Court on August ll, 1969, as it 

affects the four junior high schools only and submits its amended 

plan dealing with said junior high schools as follows, to-wit: 

PLAN FOR 1969-70 SESSION (4 SCHOOLS, 3000 PUPILS AND 150 STAFF) 
  

l. Faculty 
  

Double the percentage of professional personnel 

who taught during 1968-69 in schools where they were 

in the minority and bring the ratio to approximately 

one in six. During the session, where replacements 

must be made, increase the ratio. 

During the 1968-69 session two-thirds of all 

pupils within the district were taught by a teacher 

of the opposite race from that of the pupil. During 

the 1969~70 session this percentage will be increased 

substantially by the doubling of the percentage of 

teachers who will be teaching in a minority situation. 

Wh TR 

 



  

2. Pupils 

(a) 

  

Encourage desegregation by keeping open through 

the registration period the opportunity to make a 

choice of schools for those pupils who have not made 

a choice. 

(b) 

Encourage further desegregation by granting 

transfers to pupils who wish to transfer from a 

school where they are in the majority to a school 

where they would be in the minority. 

During the 1969-70 session 75% of all the 

pupils in the district will be attending school 

with members of the opposite race. 

(c) 

Pupils will continue to attend the four junior 

high schools on the basis of the affirmative choices 

they have previously exercised for the 1969-70 school 

year. 

  

3. Transportation 

(a) | 

Operate all school bus transportation on a 

racially non-discriminatory basis. 

(b) 

Re-route school bus routes to increase the 

number of blacks attending traditionally white 

schools where the percentage of desegregation is 

the lowest. 

4. Extra Curricular Activities 
  

(a) 

Take affirmative action to insure that all 

athletics, clubs, school papers, school annuals, 

Ap 

 



  

etc., are open to all pupils on a non-discriminatory 

basis and without regard to race, color and creed. 

5. Preparation For Desegregation of Junior High Schools 
  

(a) 

Institute a training program for all teachers 

to prepare them for teaching students under desegre- 

gated circumstances. 

(b) 

Continue studies of all factors related to 

desegregation and request the services of the Office 

of Education and its centers for equal educational 

opportunities in Atlanta and the various universities 

including the University of Southern Mississippi. 

(ec) 

All in-service training and programs for junior 

high professional personnel will be pointed toward 

an in-depth preparation of junior high school teachers 

and personne) to deal successfully with the problems 

related to the complete desegregation of junior high 

schools, both faculty and students, effective with 

September 1970-71 school year. 

(d) 

The faculties of the four junior high schools 

will involve themselves with bi-racial in-service 

activities during the entire 1969-70 school term 

designed to achieve cooperation, coordination, 

planning and an effective transition from the 

existing partial dual school system for the junior 

high schools to the complete elimination of the 

dual school system effective 1970-71. 

“5 

 



  

(e) 

Because of different practices in the 

scheduling of pupils at the four junior high schools, 

an immediate change in the organization of the four 

junior high schools will accentuate scheduling 

problems for many pupils. Thus, the 1969-70 school 

term under the present organization will provide an 

opportunity for coordinated efforts between the 

administrations of the four junior high schools to 

minimize this problem. It is possible that a 1970 

summer session will be necessary to remediate the 

most glaring schedule problems. A thorough study 

of the needs for remedial courses and services 

will be made during the 1969-70 school year. 

{f) 

Involve English and social studies faculty 

members in the development of a bibliography and 

in the selection of instructional materials that 

deal with Negro culture and history and develop 

guides for the use of these materials. 

{gl 

A thorough study of the compensatory services 

(for example, remedial reading) through Title I ESEA 

available to disadvantaged pupils will be made; and, 

an application for funding such programs and services 

effective with the 1970-71 school year will be made. 

These programs can be very valuable in easing the 

transition from the all-Negro school to the desegre- 

gated school. 

 



  

(h) 

The district will make every effort to assign 

at least one-half of the student practice teachers, 

who will be teaching at the junior high level, to 

schools where their race will be in the minority. 

(1) 

The staffs of the four junior high schools 

will make a thorough study and analysis of inventories 

of all of the equipment and of the instructional 

materials available to the four junior high schools; 

and, they will then determine which items should be 

transferred among the four junior high schools and 

in what proportion in order to meet the needs of the 

pupils who will be attending each school during the 

1970-71 school year. 

(3) 

The staffs of the four junior high schools will 

determing space and classroom requirements for the 

pupils who will be attending each of the schools 

during the 1970-71 school year. Plans will be made 

for altering and/or adapting non-conforming existing 

classroom space into the required and needed class- 

room space and facilities. An in-depth study of 

these various changes has not been made; but, it is 

anticipated that these needed changes will be very 

extensive. The changes that are necessary will be 

accomplished during the summer of 1970 in prepara- 

tion for full desegreuation commencing September 1970. 

(k) 

The staffs of the four junior high schools will 

cause the libraries of the four junior high schools 

-- 

 



  

to be analyzed and inventoried. Books and materials 

will be transferred between the schools to meet the 

needs of the pupils who will be attending each school. 

(1) 

The staffs of the four junior high schools will 

plan, coordinate and prepare for the adaptation of 

the junior high school athletic program to meet the 

needs of the pupils who will be attending each school. 

For example, the athletic program at Magnolia Junior 

High School and Carver Junior High School will have 

to be adapted solely to meet the needs of 7th grade 

pupils while the athletic programs of Northwest Junior 

High School and Kate Griffin Junior High School will 

be adapted to meet the needs of 8th and 9th grade 

pupils. 

(m) 

A decision will have to be made as to the admini- 

strative staff for each of the four junior high schools. 

Such changes, if any, as are necessary will have to be 

brought about effective with the 1970-71 school year. 

(n) 

The complete desegregation of the four junior 

high schools will affect the already limited private 

transporation system provided by the Meridian City 

Lines, Inc. Since the school district is not allowed 

by law to furnish transportation, the only public 

transportation that will be available will be such 

as the Meridian City Lines, Inc., is able to provide. 

A coordinated effort is necessary with the Meridian 

City Lines, Inc., so that they may acquire transporta- 

tion equipment and route buses in the most effective 

manner. 

 



  

(0) 

At the Carver Junior High School and the Magnolia 

Junior High School parking facilities as well as 

streets for ingress and egress are quite limited. 

Heretofore the demands for parking facilities and 

traffic flow has been minimal at these schools. With 

the complete desegregation of these two schools the 

demands for ingress and egress as well as parking 

facilities will be substantially increased. This 

will require time for the acquiring and the construc- 

tion of additional parking facilities for staff, 

pupils, etc. It will further require time for the 

City to acquire right-of-way, widen and construct 

new and better streets to facilitate the ingress and 

egress of the increased automobile traffic flow. 

The present narrow and limited access streets ito 

these schools will present an impossible traffic 

situation unless rectified. 

(p) 

The guidance departments at the junior high 

schools have operated to serve two all-Negro junior 

high schools on the one hand and two predominantly 

white junior high schools on the other hand. The 

guidance program will have to be coordinated so that 

it can meet the needs of the integrated school 

circumstances effective with the 1970-71 schoo year. 

(q) 

A bi-racial committee of junior high school 

faculty will be appointed to plan the ras WAC. 

student activi®y program within the four schools. 

Student activities such as athletics, bands, 

organizations and publications require lead time 

-Qw 

 



  

planning. For example, the 1969-70 football 

schedule has been planned for some time, officers 

have been elected in certain organizations, etc. 

There must be allowance made for the continuity of 

these activities. It would be the purpose of this 

committee to plan an unitary activities program for 

the 1970-71 school year. 

{r) 

Develop and implement a program to inform 

personnel, parents and the general public about the 

plan for the elimination of the dual school system 

within the junior high schools. 

PLAN FOR 1870-71 SESSION - JUNIOR HIGH SCHOOLS 
  

i. Faculty 
  

Completely desegregate the faculty. 

2. Pupils 
  

(a) Assign all pupils within the district who will 

be in the 7th grade for the 1970-71 school year to 

Magnolia Junior High School (formerly all-Negro) 

and to Carver Junior High School (formerly all-Negro) 

in such number proportions as to completely eliminate 

the dual school system in these two schools. The 

district will use zoning, or a feeder system from the 

elementary schools, or individual assignment and/or 

any combination of these tools, within its discretion, 

to accomplish the stated result. The district will 

of fer the 7th grade curriculum at both Magnolia Junior 

High School and at Carver Junior High School. 

(b) Assign all pupils within the district who will be 

in either the 8th or 9th grades for the 1970-71 school 

year to Northwest Junior High School and to Kate Griffin 

“10 

 



  

Junior High School in such number proportions as to 

completely eliminate the dual school system in these 

two schools. The district will use zoning, or a 

feeder system, or individual assignment and/or any 

combination of these tools, within its discretion, 

to accomplish the stated result. The district will 

offer the 8th and 9th grade curriculum at both 

Northwest Junior High School and at Kate Griffin 

Junior High School. 

3. Transporation 
  

(a) Operate all school bus transportation on a 

racially nonzdiscriminatory basis. | 

(b) Re-route school bus routes to increase the 

number of blacks attending traditionally white. 

schools where the percentage of desegregation is 

the lowest. 

4. Extra Curricular Activities 
  

(a) Take affirmative action to insure that all 

athletics, clubs, school papers, school annuals, 

etc., are open to all pupils on a non-discriminatory 

basis and without regard to race, color and creed. 

Respectfully submitted, 

MERIDIAN MUNICIPAL SEPARATE 
SCHOOL DISTRICT, ET AL 

. -~ ~ 

By: (owl ced Coles 
  

William B. Compton 
426 Citizens National Bank 

Building 
P. O., BOX 845 
Meridian, Mississippi 39301 

-ll~ 

 



  

CT PErICcAHa TL 
  

The undersigned, of counsel of record for Meridian 

Municipal Separate School District, et al, hereby certifies 

that a true and correct copy of the above and foregoing 

Amended Desegregation Plan was forwarded by United States 

Mail, postage’ prepaid, to the Honorable Robert E. Hauberg, 

United States Attorney, Jackson, Mississippi, and to Honorable 

Reuben V. Anderson, Attorney, 538-1/2 North Farish Street, 

Jackson, Mississippi. 

This the 20th day of August, 1969. 

— N A fn : 
~ A / 2 ~ 

rr { ( i ) FIG 1 po, Le a7 LX Se ivi) IN ( EAA ars 
  

William B. Compton, of counsel for 
Defendants