Order

    IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OTF MISSISSIPPI 

3 Pd 7 J WESTERN DIVISICN 

ROY LZT HARRIS, ET AL 

PLAINTIFFS 

VS. CIVIL ACTION NO. 1206 
NE YALOO CITY MUNICIPAL SEPARATE SCHOOL 
JLFEIIST, HAOLD CC. KELLY, 3UPTAINTENDENT 
SF 3C.I0CLS, C. Wi. DUNN, BRESIDINT, JOEN 5. 
SK lea®, ROBIAT B. COXER, OR. DONLLD OD. ROAIG: 
AND J. Pe. SARTAIN, MEMBERS OF THE BOARD OF 
TRUE ES 

SIF BENDANTS 

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CRDI.R 
  

This cause having come on for hearing upon complaint filed 

Dy plaintife, et al, against the Yazoo City Municipal Separate School 

District, Harold C. Lelly, Superintendent of Schools, C. M. Dunn, 

President, John S. Holmes, Robert E. Coker, Dr. Donald B. Roark 

and J. P. Sartain, members of the Board of Trustees, and the court 

boing fully advised in the premises and of the opinion that the re- 

lief sought should be granted, it is hereby 

ORDERED, ADJUDGED AND DECREED that the Yazoo City Munici- 

pal Separate School District, Harold C. Kelly, Superintendent of 

Schools, C. M. Dunn, President, oto S. Holmes, Robart E. Coker, 

Dr. Donald B. Roark and J. P. Sartain, members of the Board of 

JTrustees, their agents, officers, employees and successors, and 

all those in active concert and participation with them, be ahi 

hey are permanently enjoined from discriminating on the basis 

of race or color in the operation of Yazoo City Municipal Separate 

School District. As set out more particularly in the body of the 

decree, they shall take affirmative action to disestablish all 

school segregation and to eliminate the effects of the dual school 

H. 
ORDERED this aw day of Zaye. vy. 1967 A.D, 

UNITED STATES DISTRICT .JUDC 

system. 

  

    

  

 



  

  

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SPEED OF DESEGREGATION 
  

Commencing with the 1967-68 school year, in accordance 

with this decree, all grades shall be desegregated and pupils 

assigned to schools in these grades without regard to race or 

color. 

II 
EXERCISE OF CIOICE 
  

”» 

The following provisions shall apply to all grades: 

(a) Who May Exercise Choice. A choice of schools may 
  

be enerciged by a parent or other adult person serving as the 

student's parent. A student may exercise his own choice if he 

(1) is exercising a choice for the ninth or higher grade, or 

(2) naz reached the age of fifteen at the time of the exercise 

of choice. Such a choice by a student is controlling unless a 

different choice is exercised for him by his parent or other 

adult person serving as his parent during the choice period or 

at such later time as the student exercises a choice. Each re- 

ference in this decree to a student exercising a choice means 

the exercise of the choice, as appropriate, by a parent or such 

# other adult, or by the student himself. 

(b) Annual Exercise of Choice. All students, both white 
  

and Negro, shall be required to exercise a free choice of schools 

annually. > 

  

(¢) Choice Period. The period for exercising choice hav- 

ing already been completed, no further choice period will be nace 

Sesaty for the 1967-63 school year. In subsequent years, the 

choice period shall commence March 1 and end March 31 preceding 

the school year for which the choice is to be exercised. No stu- 

or prospective student who exercises his choice within the choice 

period shall be given any preference because of the time within 

the period when such choice was exercised. 

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(d) Mandatory’ Exercise of Choice. A failure to exercise 
  

a choice within the choice period shall not preclude any student 

from exercising a choice at any time before he commences school 

for the Jenr with respect to which the choice applies, but such 

choice may be subordinated to the choices of students who exer- 

cised choice before the expiration of the choice period. Any 

student who has not exercised his choice of school within a week 

after school opens shall be assigned to the school nearest his 

home shore space is available under standards for determining 

available space which shall be applied uniformly throughout the 

system. 
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(e) Public Notice. In subsequent years on or within a 
  

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week before the date the choice period opens, the defendants shall 

arrange for the conspicuous publication of a notice describing 

the provisions of this decree in the newspaper most generally cir- 

culated in the community. The text of the notice shall be substan- . 

tially similar to the text of the explanatory letter sent home to. 

parents. Publication as a legal notice will not be sufficient. 

Copies of this notice must also be given at that time to all radio 

and television stations located in the community. Copies of this. 

decree shall be posted in each school in the school system and at 

the office of the Superintendent of Education. | 
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(f) Mailing or Delivery of Explanatory Letters and Choice 
  

Forums. ® On or before the first day of the choice period, each stu- 

, dent then enrolled in a public sehol of the district, with the 

exception of students enrolled in the twelfth grade, together * 

wd th hi parents or adult person serving as his parent, shall be 

informed by individual notice, addressed to each such student and 

his parents or such adult person, of the right of said student 

to attend a school of the choice of his parents or such adult per- 

son, or of the student, EEXHUEXEXXMRXEIAXARKK This notice shall 

essentially conform to the explanatory letter and choice form ap-



  

  

  

«em 

pended to this decree) and shall state where copies of the choice . 

form may be obtained. In addition, adequate provisions shall be 

made for the acceptance of choice forms for students who will be 

entering the first grade for the next school year, and notice of 

the choles gersod and the procedure to be fo1loved Por students 

planning to enter the schools of this district for the next school 

year shall be given in newspapers,most generally circulated in 

the community and by notice to the radio and television stations 

tocated nits community. Further, if delivery of such explana- 

tory letter and choice form is by a method other than mailing, 

it shall be obligatory on the school authorities to make every 

effort to assure that delivery has been accomplished. 
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'(g) Extra Copies of the'Explanatory Letter and Choice 
  

Form. Extra copies. of the explanatory letter and choice form 

shall be freely available to parents, students, prospective stu- 

dents, and the general public (as hereinafter particularized) at 

each school in the system and at the office of the Superintendent 

of Baucatien during the times of the year when such schools are 

usually opon. The choico forms that are actually intended to be 

returned, fowevusy may be filled out so as to show. thereon the 

name of the student or prospective student and the name and ad- 

dress of ihe parents of such student or prospective student or 

the dull person FerVine as the student's or prospective student's 

parent,*® and that such form is a duplicate, if a choice form has 

Jpreviously been delivered to suc¢h student or prospective student 
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or to the parent or such other adult person of such student or 

prospective student, who may use such duplicate in lieu of the 

original form delivered to such person. 

In the event the choice form is given to a party other 

than the student or prospective student or to the parent or other 

adult person serving as parent of the student or prospective stu- 

dent, then such form may be marked "specimen" or with some other 

  

 



  

  

  
  

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legend so as to show that it is not to be used for the actual 

making of the choice; provided, however, the provisions of this 

unnumbered paragraph shall not apply as to choice forms given 

to any person who has been authorized XHEXKXXXAXY by the parent 

or the person serving as the parent of a student or prospective 

student to receive the choice form for Yeh student or prospec- 

tive student. 

(h) Content of Choice Form. Each choice form shall set 
  

forth the name and location and the grades offered at each school 

and may require of the person exercising the choice the name, ad- 

dress, age of ,student, school and grade currently or most recent- 

ly attexrided by the student, the school chosen, the signature of 

one parent or other adult person serving as parent, or where ap - 

propia the signature of the student and the Ldentity’ of the 

person signing. No statement of reasons for a particular choice, 

oi any other information or any witness or dihier authentication, 

may be required or requested, without approval of, the Court. 

  

(i) Return of Choice Form. At the option of the person 

completing the choice form, the choice form may be returned by 

mail, in person, or by messenger to any school in the school sys=- 

tem or to the office of the Superintendent. 

  

(j) Choice Forms Binding. When a choice form has once 

been submitted and the choice period has expired, the choice is 

binding for the entire school year and may not be changed except 

in cases of parents making different choices from their children 
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under the conditions set forth in paragraph II(a) of this decree 

and in awceniional cases where, absent ihe consideration of race, 

a change is educationally called for or where compelling hardship 

is shown by the student. A change in family residence from one 

neighborhood to another shall be considered an exceptional case 

for the purposes of this paragraph. 

  

(k) Preference in Assignment. In assigning students to 

 



  

  

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schools, no preferences shall be given to any student for prior 

attendance at a school and, except with approval of the Court in 

extraordinary circumstances, no choice shall be denied for any 

reason other than overcrowding. In case of overcrowding at any 

school, preference shall be given on the basis of the proximity 

of the school to the homes of the students choosing it without 

regard to race or color. Stendards for determining overcrowding 

shall be applied uniformly throughout the system. 

(1) Second Choice Where First Choice is Denied. Any stu- 
  

dent whose choice is denicd must be promptly notified in writing 

and given his choice of any school in the school systein serving 

his grade level where space is available. The student shall have 

seven days from the foceint of notice of a denial of first choice 

in which to éxercise a second choice. 

(m) Transportation. Where transportation is generally 
  

provided, buses must be routed to the maximum extent feasible in + + 

light of the geographic distribution of students, so as to serve: 

each student choosing any school in the system. Every student : 

choosing either the formerly white or the formorly Negro school’ 

nearest his residence must be transported to the school to which 

he is assigned under these provisions, whether or not it is his 

first choice, if that school is sufficiently distant from his 
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home to make him eligible for transportation under generally ap=- 

plicable transportation rules. .,’ 
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(n) Official Not to Influence Choice. At no time shall 
  

any official, teacher, or employee of the school system influence 

any parent, or other adult person serving as a parent, or any stu- 

dent, in the exercise of a choice or favor or penalize any person bY) 

because of a choice made. If the defendant school board employs 

professional guidance counselors, such persons shall base their 

guidance and counseling on the individual student's particular | 

personal, academic, and vocational needs. Such guidance and 

counseling by teachors, as well as professional guidance counselors, 
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shall be available to all students without regard to race or color. ; 

  

(0) Protection of Persons Exercising Choice. Within their



  

  

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authority school offitials are responsible for the protection of 

persons exercising rights under or otherwise affected by this 

decree. They shall, without delay, take appropriate action with 

regard to any student or staff member who interferes with the 

successful operation of the plan. Such interference shall in- 

clude harassment, intimidation, threats, hostile words or 

and similar behavior. The school board shall not publish, 

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allow, 

or causc to be published, the names or addresses of pupils exer- 
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cising rights or otherwise affected by this decree. If officials 

of the school system arc not able to provide sufficient protection, 

they shall seek whatever assistance is necessary from other appro- 
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priate officials. 

IIx 

' PROSPECTIVE STUDENTS 
  

Each prospective new student shall be required to 

a choice of schools before or at the time of enrollment. 

students known to defendants shall be furnished a’ copy of 

scribed letter to parents, and choice form, by mail or in 

on the date the choico period opens or as soon thereafter 

exercise 

All such 

the pig 

pexson, 

as the 

school’ system learns that he plans to enroll. Where there is no 

preregistration procedure for newly entering students, copies of 

the choice forms: shall be available at the office of the Superin- 

tendent and at each school during the time the school is usually 
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open. 

Iv 

. TRANSFERS 
  

  

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(a) Transfers for Special Necds. Any student who requires 

a course of study not offered at the school to which he has been 

assigned may be permitted, upon his written application at the be=- 

ginning of any school term or semester, to transfer to another 

school which offers courses for his special needs.



  

(b) Transfers to Special Classes or Schools. If the de- 
  

fendants operate and maintain special classes or schools for phy- 

sically handicapped, mentally retarded, or gifted children, the 

defendants may assign children to such schools or classes on a 

basis related to the function of the special class or school that   is other than freedom of choice. In no event shall such assign- 

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ment be made on the basis of race or color or in a manner which 

tends to’ perpetuate a dual school system based on race or color. 

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“SERVICES, FACILITIES, ACTIVITIES AND PROGRAMS 

No student shall be segregated or discriminated against 

on account of race or color in any service, facility, activity, 

or program (including transportation, athletics, or other extras 

curr dil An activity) that may be conducted or sponsored by the 

school in which he is enrolled. A student attending school for 

the first time on a desegregated basis may not be subject to any 

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disqualifications or waiting period for participation in activi- 

ties and programs, including athletics, which might otherwise 

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apply because he is a transfer or newly assigned student except Be | 

that such transferees shall be subject to long-standing, non- 

racially based rules of city, county or state athletic assooha tions 

dealing with the eligibility of transfer students for athletic 

contests. All school use or school-sponsored use of athletic : 

fields, meeting rooms, and all Qtlier school related services, fac-   oe ilities, activities, and programs such as Commencement exercises 

and parent-teacher meetings which are open to persons other than 

enrolled students, shall be open to all persons without regard 

to race or color. All Spoecial educational programs conducted 

by the defendants shall be conducted without regard to race or 

color. 

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VI 

SCHOOL EQUALIZATION 
  

(a) Inferior Schools. In schools heretofore maintained 
  

for Negro students, the defendants shall take prompt steps nec- 

essary to provide physical facilities, equipment, courses of ins 

struction, and instructional materials of euality equal to that 

provided in schools previously maintained for white students.Con- 

aitions of overcrowding, as determined by pupil-teacher ratios 

and Punii-elasstoon ratios shall, to the extent feasible, be dis- 

ribnted evenly between schools formerly maintained for Negro stu- 
those formerly maintained for white students, If for any reason 

dents and fit is not feasible to improve sufficiently any school 

formerly maintained for Negro students, where such improvement 

would otherwise be required by this paragraph, such school shall 

be closed as soon as possible, and. students enrolled in the school 

shall be reassigned on the basis of freedom of choice. By October . 

31st of each year, defendants shall report to the Clerk of the 

Court, pupil-teacher ratios, pupil-classroom ratigs, per-pupil 

expenditures both as to operating and capital improvement costs, 

and shall outline the steps to be taken and the. time within which 

they shall accomplish the equalization of such schools. 

~ (b) Remedial Programs. The defendants shall provide 
  

remedial education programs which permit students attending or 

who have previously attended segregated schools to overcome past 

inadequacies in their education.? 

VII 

NEW CONSTRUCTION 
  

The defendants, to the extent consistent with the proper 

ohoration of the school system as a whole, shall locate any new 

school and substantially expand any existing schools with the 

objective of eradicating the vestiges of the dual system. 

VIII 

FACULTY AND STAFF 
  

  

(a) Faculty Employment. Race or color shall not be a 

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factor in the hiring,. assignment, reassignment, promotion, demo- 

tion, or dismissal of tcachers and other professional staff mem- 

bers, including student teachers, except that race may be taken 

into Account. For the purpose of counteracting or correcting ihe 

effect of the segregated assignment of faculty and SLaly in the 

dual system. Teachers, principals, and staff members shall be 

assigned to schools so that the faculty and staff are not com=- 

posed exblusively of members of one race. Wherever possible, 

\ . teachers shall be assigned so that more than one teacher of the   | minority race (white or Negro) shall be on a desegregated faculty. 

. Defendants shall take positive and affirmative steps to accomplish 
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the desegregation of their school faculties and to achieve sub- 

stantial desenregniion of faculties in as many of the schools as 

possible during the: second semester. of the 1967-1968 school’ year 

5) notwithstanding that teacher contracts for the 1967-66 Yeas may 

have pire nily been signed. and approved. he tenure of teachers 

in the Systen shall not be used as an excuse for coslure to com- . 

nly with this provision. The defendants shall Stabila as an 5 

objective that the pattern of teacher assignment to any particular.     
school not be identifiable as tailored for a heavy concontration 

of either Negro or white pupils in the school. 

(b) Dismissals. Teachers and other professional staff: 
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members may not be discriminatorily assigned, dismissed, demoted, | 

  

or passed over for retention, promotion, or rehiring, on the ground 

of race or color. In any instance where one or more teachers or 
. 

‘other professional staff members are to be displaced as a result   
of desegregation, no staff vacancy in the school shall be filled 

through recruitment from outside the systom unless no such dis- 

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placed staff member is qualified to £ill the vacancy. If, as a   result of desegregation, there is to be a reduction in the total 

professional staff of the school system, the qualifications of | 

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all staff members in the system shall be evaluated in selecting 

the staff member to be released without consideration of race or 

color. A report containing any such proposed dismissals, and 

the reasons therefor, shall be filed with the Clerk of the Court, 

serving copies upon opposing counsel, within five (5) days after 

such dismissal, demotion, etc., as proposed. 

(c) Past Assignment. The defendants shall take steps to 
  

assign and reassign teachers and other professional staff members 

to eliminate the effects of the dual school system. | 

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; | . REPORTS TO TIE COURT 
  

(1) Report on Choice Period. The defendant shall serve 
  

upon the opposing parties and file with the Clerk of the Court 

on or before June 1’ of each year, el venovt tabulating by race the 

number of choice applications and transfer applications received 

for enrollment in each grade in each school in the system, and 

the number of choices and transfers granted and the number of 

denials in each grade of each, sehool., The report shall also 

state any reasons relied upon in denying choice and shall tebulate, 

by school and by race of student, the number of choices and trang 

fers denied for each such reason. 

3 : In addition, the report shall: show the percentage of PuDiLs 

actually transferred or assigned from segregated grades or to schools 

atiénded predominently by pupils of a race other than the race 

| eof the applicant, for Attendance during the 1966-67 school year, 

with comparable data for the 1965-66 school year. Such additional 

| information shall be included in the report served upon opposing 

counsel and filed with the Clerk of the Court. 

(2) Report After School Onening. The defendants shall, in 
  

p ! . addition to reports elsewhere described, serve upon opposing counsel 

and file with the Clerk of the Court on or before December 1, 1967, 

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and ‘thereafter within 30 days after the opening of schools for a 

the fall semester of each year, a report setting forth the fol- 

lowing information: 

(i) The name, address, grade, school of choice and school 

of present attendance of each student who has withdrawn or request- 

od withdrawal of his choice of school or who has transforied after 

the start of the school year, together with a description of Ary. 

action taken by the deTendants on bis request and the reasons, 

therefor. 

(did) The number of faculty vacancies, by school, that 

have occurred or been filled by the defendants since the order 

of this Cole de the latest report submitted pursuant to’ this 

subparagraph. This report shall state the race of the teacher 

employed to fill each such vacancy and indicate whether such teacher 

is newly. employed or was trengicrred from within the system. The 

tabulation of the number of transfers within the system shall in- 

dicate the schools from which and to which the transfers were sides 

The report shall also set forth the number of faculty members of 

each race pei pad to cach sehool for the current year. 
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(iii) [The number of students by race, in each grade of 

he each school. 

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ud EXPLANATORY LETTER 

(School System Name and Office Address) 

(Date Sent) 

Dear Parent: 

All grades in our school system will be desegregated next 

‘year. Any student who will be entering one of these grades next 

year may choose to attend any school in our system, regardless 
of whether that school was formerly all-white or all-Negro. It‘. 
does not matter which school your child is attending this Year. 

You and your child may select any school you wish. 

Every student must make a choice of schools. If a child 

is entering the ninth or a higher grade, or if the child is fif- 

teen years old or older, he may make the choice himself. Other 
wise a parent or other adult serving as parent must sign the 

choice form. A child enrolling in the ‘school system for the 
first time must make a choice of schools before or at the time 

of his enrollment. 

The form on which the choice should be made is attached to 

this letter. It should be completed and rcturned by March 31. 
You may mail it in the enclosed ‘envelope, or deliver it by mes- 
senger. or by hand to any school piincipal or to the Office of 
the Superintendent:rat any time between March 1 and March 31. No 
one may -require you to return your choice form before March 31 

‘and no preference is given for returning the choice form early. 

If this letter or the attached choice form is lost or spoil=- 
ed, an extra copy may be obtained at any, school or the office of 

‘the Superintendent of Education. If you or the student do not’ 

call for the extra copy, any other person you send should be au- 

thorized Joc xotatixogx to receive’ the copy for you. 

No, principal, toschor or other school official is permit- 
ted to influence anyone in making a choice or to require early 
return of the choice form. No one is permitted to favor or pe- 

nalize any student or other person because of a choice made. A 
choice once made cannot be changed except for serious hardship. 

: No child will be denied his choice unless for reasons of 
overcrowding at the school chosen, in which case children liv- 

ing nearest the school will have preference. 

Transportation will be proyided, if reasonably possible, 
no matter what school is chosen’ (Delete if the school system 

does not provide transportation. ) 

Your School Board and the school staff will do everything" 
we can to sce to it that the rights of all students are, protect- 
ed and that desegregation of our schools is carried out success- 
fully. 

Sincorely yours, 

Superintondont 

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. CHOICE FORM 
  

"This form is provided for you to choose a school for your 

child to attend next year. You have 30 days to make your choice. 

It does not matter which school your child attended last year, 

and it does not matter whether the school you choose was formerly 

a white or Negro school. This fori wast be mailed or brought to 

the principal of any school in the system or to the Office of the 

Superintendent. y Dy March 31. 

A RAR is required for each child. 

Name of child 
  

(Last (First) (Middle) 

Address 
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Name of parent or other 
adult serving as parent 
  

If child is entering first grade, date of birth: 

  

(Month) (Day) =. (Year) 

Grade child is entering 
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School attended last year 
  

Choose .one of the following schools by marking an X beside the name. 

Name of School | Grade Location 

  

    

  
  

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: Signature 
  

Date 
  

  

  

To be filled in by Superintendent: 

“ School Assigned