Correspondence from Leventhal to Counsel Re: Attorney's fees; Order; Memorandum Opinion
Correspondence
July 12, 1974 - July 30, 1974
61 pages
Cite this item
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Case Files, Norwood v. Harrison - Hardbacks. Correspondence from Leventhal to Counsel Re: Attorney's fees; Order; Memorandum Opinion, 1974. 1e2a7468-722e-f111-88b4-7c1e527f53b4. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/43c51915-6332-4740-bcf1-d8b2ff1e5b0c/correspondence-from-leventhal-to-counsel-re-attorneys-fees-order-memorandum-opinion. Accessed July 18, 2026.
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AN_ERSON, — APN NIL
p! vs ai
« FAK
SALKSON A 1SE
REUBEN V. ANDERSON + OFFIC
FRED L. BANKS, JR. EA Cao x - dC [s J
JOHN A. NICHOLE
MELVYN R. LEVENTHAL .
NAUSEAD BETEWART Jia dy 2 0) »
Jack : 0 BEsuul
James | : 4 [, LEsguirc
Eric ap ; re
Charles 3. Ralston, Lsquire
Suite 2030
10 Colur yas Circle
New York, New York .0ULS
Re: NorwZodg Herrisor
Gentlemen:
y ~~
\ Wa / a i 1 enclose a ccpy of Judge Keady
on remand in Norwood v. Harrison. We
I have just posted to the clerk
filing a Motion For An Award Ci Al
-
As you know this 1s a Sect:
a good one for narrowing
write the brief in supporl of attorn
Judge Keady has been zood ¢ ‘he at
jssue and we might be able tC obtain
our favor; in that event defendants wi
appeal.
I will look for an immediate indica rom you
as to who wiil prepare and “ile our Lr on at-
torneys' fees.
|Sfincerely,
|B Noe au >
ASU RN ——
Mglvyn R. Leventhal
MRL :msc
Enclosure
ov o®
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
DELORES NORWOOD, ET AL, Plaintiffs
Vv. NO, WC 70~53=K
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 ald, notwith-
standing their approval by the State Textbook Purchasing Board
(Board) , and the court having conducted a series of evidentiary
"hearings with respect to seven private academies whose eligibility
Yemained 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
J.
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 L ed 24 723 (1973), the court, for reasons
set forth in Memorandum Opinion incorporating findings of fact and
old IUE ions of law this date released, finds, and it is
ORDERED
1. That the Board be and it is hereby commanded and
enjoined to take up and require the surrender of all state-owr:a
textbooks in the possession of Sylva Bay Academy, West Tallan. chie
Academy, South Haven Mennonite School and County Day School, .nd
by this court to be ineligible to receive or to continue tc use
oo od
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
mone double the value of all state textbooks in the possession
% of each such school as determined by the Board's Seederayy. said
bond io be supbocted by good and sufficient surety and conditioned
to pay the Board for the loss, damage or destruction of all books
:.: during the pendency of any appeal that may be taken herein, with
“reasonable rent from this date until the date of final disposition
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
the 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 hersatiel
certify any such privace school as eligible for textbook assistance,
the Board shall forthwith notify plaintiffs’ counsel of record
LOT Sieh dare gnination and shall simultaneously supply him with
the certification and background form supplied by the subject
private school. ParRTLE plaintiffs shall have 20 days within
which to ile with the court objections fo certification, 5
“such objections are filed, the pond shall not distribute or
© otherwise make available state-owned textbooks to the applying
“ “private school until the adjudication of eligibility has first
been entered by this court. |
A “The court retains continuing jurisdiction for nk purpose
of issuing such further and supplemental orders as may be neces-
~sary to et Aehate the intent of tis Memorandum Opinion, the
pein TH the Supreme Court and the United States Consti-
ST NE TA he alerke of this court is hereby directed to serve by
SIE pai TRa 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.
Yat On
Chief Judge
United States District Court
War, ee
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
DELORES NORWOOD, ET AL, Plaintiffs
a NO. WC 70-53-K
D. L. HARRISON, ET AL, Defendants
MEMORANDUM OPINION
Pursuant to the Supreme Court's decision in Norwood v.
Harrison, --— US —--—, 37 L ed 2d 723 (1973), wherein the prior
wo : 1
decision of this court / was vacated and the cause remanded for
1/ This decision was rendered by a three-judge district court
at 340 ¥, Supp. 1003: (¥W. D. Miss.! 1972).
ett op Bbdentiy to hah ton a Bo EE Etna tio beaten, sub-
ject to judicial review, to determine the eligibility vel non
RE TA a TT Br thE to receive and use state-
owned textbogks, the three-judge district court originally con-
“stituted in this cause was dissolved by order dated July 9, 1973.
Thereafter, by subsequent order dated July ys; 1273," the
district court, through the managing judge, permanently enjoined
defendants from making available state-owned textbooks "to any
private school in Mississippi which engages in discrimination
OF any kind or character based on race, creed, color, or national
origin.” The court ordered the establishment of a certification
procedure approving a "Certification and Background Information”
form which defendants were directed to require each private school
el ad
to complete and file with the State Textbook Purchasing Board
As a concomitant part of the certification proc
4
edure,
the Board was directed to promptly determine the eligibility. of
4
AS private schools applying for state-owned textboo uring the
1973-74 school year. Additionally, consistent with the decision
of the Supreme Court in Norwood, the July 25 order provided for
judicial review by which a party aggrieved by the Board's final
administrative decision might bring the issue of a school's
eligibility for an adversary hearing before this federal district
court.
cedure, Upon the comple pr
a
tion of the state certification
the Board approved 24 schools to which plaintiffs fritinlly
filed objections. Of that number, only 7 schools now remain
efore the court. for dstermination of their state-owned textbook
S1iginility. of
fs objected,
for textbook
Of the original 24 schools to which pla
4 have vAluntarily withdrawn their
aid and surrendered textbooks in hed
have entered into agreed
which resulted in the ET
¥;
-
gy 59
West Tallahatchie
Co Day ‘School,
and P:
n
y
Q
n
E
o
schools -st-il] 11.in ‘contest are: Bay
ad emmy, South Haven Mennonite
ench Camp Academy, Christ
byterian Day School of
Ac
rr
re
Evidentiary hearings ha
7 private schools at issue, and
school-by—-school determination
7 discriminatory and
ve been conducted for each of t
the court is obliged to make
fo
Nr of wheth they must be found to
not entitled to texthook assistance
der Norwood's rationale Xn
We - we
The ultimate issue for resolution nh of course, whether
a particular private school has a racially discriminatory
admissions policy, bearing in mind that Norwood refused to imply
"a finding that all private schools alleged to be receiving text-
books (sic) aid are in fact practicing restrictive admission
policies.” 37 L ed 2d at 734-35. In these proceedings on remand,
we are surely not called upon to issue a "blanket condemnation”
oy of all private schools requesting textbook aid. Implicit in
Coie AnnvoRch is a requirement that plaintiffs bear the burden
of establishing at least a prima facie case against each
challenged school, in which event the whole evidence must, be
evaluated to reach correct determinations.
‘fhe quantum of proof required to make out a prima facie
which is of ol EL ee is to be considered within
the context of each case. However, for those private academies
- serving elementary and secondary grades, or both, which were
established during the wake of massive degregregation orders of
federal courts, we balieve that a prime facie. casa of racial
n
- discrimination EEN from PdiDt (2) that the school’s eniotends
began LOSE von the heels OF the massive desegregation of public
‘schools within its locale, and (b) that no blacks are or have
been in attendance as students and none is or has ever been
employed as teacher or administrator at the private school.
We do not, of course, intimate that plaintiffs’ initial burden
cannot be carried by additional buttressing proof for those
schools not established to provide a segregated alternative to
public school desegregation. But, the critical time of a private
“we "we
school's formation or unusual enlargement must be a significant gn
factor, though one not necessarily decisive, in determining whether
it is racially discriminatory. Graham and U. S. v. Evangeline
Parish School Board, 484 F. 2d 649, rehearing en banc denied
485 PB, 24 687; McNeal v. Tate County Board of Fducation, 460. PF. 248
568 (5 Cir. 1971): Gilmore v, City of NMontgomarv, 473 FP, 24832
{5 Civ. 1973), cert. denied 414 US 907 (1973). We judicially
LS
know from the records and files of the federal district courts
Of Mississippi that prior to the Supreme Court's holding in Green
v. County School Board, 391 US 430, 20 L ed 2d 716 (1968), which
rejected "freedom-of-choice" as a workable means of desegregating
public schools, few blacks were enrolled in the former "white"
schools of the state, and also few nonpublic grade schools existed
“ , orien Tigre sr vo i i : 5
Sie tan tpir ol Between the time interval (one school year) of
3/ The privetesscool development during the "freedom-of-choice"
era in the state’s public schools is documented in. .Coffayv
"wv. State Educational Finance Commission, 296-F. Supp. 1389,
1393 {(353vdge court; S5..D.- Migs. 1969). |
2x
Gre en, which was decided May 27, 1968, and Alexander v. Holmes
County B ard © £ Education, 396 US 19, 24 Led 24°19, aoldeny
October 29, 1969, ordering mid-ve ar massive des egr egat on for a
“number OF Miss i351ippi school districts, the eR
schools throughout the state was unprecedented, a phenomenon
. — 4 : yi 3 j
noted in Norwood.%/ Newly formed schools designed to serve
4/ Chief Justice Burger, in Norwood, at 37 L ed 24 727, wrote:
916 students in these nonpublic schools were Negro, and
192 of them were enrolled in special schools for retarted,
orphaned, or abandoned children. By September of 1970,
the number of private non-Catholic schools had increased
to 155 with a student population estimated at 42,000,
virtually all white. Appellees do not challenge the state-
ment, which is fully documented in appellants' brief, that
'the creation and enlargement of these [private] academies
occurred simultaneously with major events in the desegrega-
Lion of public schools . ii. i.”
students withdrawing from the desegregated public schools may be
legitimately considered as a factor in presuming that such schools
had a racially restrictive admission policy.
>
? The second factor needed to support the inference, i.e.,
the total absence of blacks as students, teachers or administrators,
is but an application of the familiar principle that courts are
required to pay heed to statistics which convey a message of
“putative discrimination. U. S. v. Jacksonville Terminal Co.,
451 F. 2d 418 (5 Cir. 1971), cert. denied 406 US 9056 (1972);
Hawkins v. Town of Shaw, 437 F. 2d 1286 (5 Cir. 1971), aff'd en
«~>> banc 461 F. 2d 117I (i972); Wade v., Mississippi Cooperative
Fxtension Service, 372-F. Supp. 126 (NN. D. Miss. 1974).
““"Once’ plaintiffs have established a prima facie case of
racially discriminatory admission policies as to a particular
academy, the burden shifts to the school's officials of repre-
sentatives to rebut an inference of racial disparity. That this
is the proper evidentiary approach in discrimination cases is
firmly established, as exemplified by Circuit Judge Tuttle in
Hodgson v. Pirst Federal Savings and Loan Ass'n., 455 F. 24 818,
822-45 Clr. 1972):
"In discrimination cases the law with respect
to burden of proof is well-settled. The plain-
tiff is required only to make out a prima facie
case of unlawful discrimination at which point
the burden shifts to the defendants to justify
the existence of any disparities.”
a ’;
The question next arising goes to the sufficiency and
trength of rebuttal evidence offered by a school; 1f none is
offered, an inference of discrimination becomes unassailable.
At this point is is important to emphasize that the ultimate
issue in administering Mississippi's textbook program to private
schools 1s not whether black students are actually enrolled at
the school, but whether their absence is bacause the school has
restrictively denied their access; simply, does the school have
a racially discriminatory admissions policy? Thus, concerning ’
plaintiffs’ proof that no blacks presently attend or have ever
attended a particular school formed as an alternative to
desegrated public schools in the community, rebuttal evidence
may not be limited to mere denials of a purpose to discriminate;
rather, ED he Sfteotive the evidence must clearly and convinc-
&
ingly reveal objective acts and declarations establishing that
Q
the absence of blacks was not proximately caused by such school's
policies and practices. Once the inference is repelled, plain-
7
tiffs would be obliged to offer evidence of specific discrimina-
tion. .- School officials.may, therefore, overcome a prima facie
by chs school to insure the availability of all of its programs
to blacks who may choose to participate. TT unbrarive steps of
this type would certainly include proof of active and vigorous
recruitment programs to secure black students or teachers,
including student grants-in-aid, proof of continued, meaningful
public advertisements stressing the school's open admissions
policy, proof of communication to black groups and black leaders
within the community of the school's nondiscriminatory practices,
and similar evidence calculated to convince one that the doors
of the private school are indeed open to students of both the
black and white races upon the same standards of admission.
With the foregoing legal principles in mind, we have
determined the facts as shown by largely undisputed evidence as
it relates to each private school in issue. The end result is
that we find under Norwood's mandate that four schools are
iheligible to receive state-owned textbooks, while two schools
clearly qualify and one school is conditionally approved and
placed on a one-year probationary period before final determination.
l. Sylva Bay Academy.
This Ss RS St ligts its present address
BE Bay springs in Jasper Count EY Mississippi, was established
ry
Tha a ERLE and serves Hanes —- 12. According to its
certification form (Bx. 1), it student body and faculty during
"the two years-of its existence have been all-white.) The
57 Ee fs s represent
Sylvarena Acader
- .
£ t this school ‘is the successor to
oy
PR
County. If-this rep
£
S
is CARE Sand the Academy
, Chief Judge: Dan M. Russell, .
Jer Of the United a t Court :-for the Southern
District of Mississippi, in an unreported opinion dated May
}, #1972, cancelled the school building lease made by Smith
County School Board to the Sylvarena Academy on the ground
that the building was impermissibly sought to be used as a
private, segregated school serving all white students. On
appeal, the Fifth Circuit upheld the lease but enjoined that
the use of the leased building had to be on a Ee
tory basis, open to all students. U. 8, v, Miss.,, 476 PF. ‘Supp.
941 (1972), rehearing en banc granted Sept. 20, 1973 (awaiting
decision). Counsel for plaintiffs further advise that during
the pendency of the appeal, Sylvarena Academy vacated the
leased premises and moved to its present site in Jasper County.
did not appear or o
Hh
4,
a
evidence indicates that desegregation plans instituted in the
Smith County and West Jasper County school district for the public
schools in that area required massive desegregation no later than
This resulted in an almost immediate reduction
e students formerly enrolled in the public schools @)
Hh
Lo
ut
oO
< y — H
{T
t
serving the locality. These facts, unexplained, support an kw I: $i
inference that Sylva Bay Academy adheres to a racially discrimina-
tory admissions policy. This deduction is actually supported by
other information facially appearing on the Academy's textbook
application, such as its admissions that the school has nouar
Soon Seesnirhd as an entity exempt from federal income taxes
nor has it ever adopted a written affirmative policy of admitting
no evidence whatever was’
facie case clearly made by plaintiffs,
Sylva Bay Academy is held to be disqualified from participating
in the state's textbook program. |
2. West -Tallahatchis Academy.
: in malianatenie Comey.
tember 1970, originally serving grades
ed in 1973. According to ite certi-
's student body and faculty during
the five semesters of its existences have been all-white, This non-
sectarian school, which drew its students from the immediate
created on the heels of an order of this court
entaved July 3, 1970 (U.. S. v., Miss., No. WC 70-53-K, 8. D. Miss.)
which required the public schools of the West Tallahatchie School
District to commence operating immediately on the basis of geographic
\ i i
Si
zones, All of the Academy's student body and most of its faculty
shifted from the public schools following desegregation. There
was a noticeable decline (10%) in the enrollment of white students
in Tallahatchie County public schools.” Thus an inference of racial
discrimination arises with respect to this Academy, which failed
to present substantial, convincing evidence that it does, in
fact, espouse and practice an open admissions policy. The Academy
concedes that it has never been recognized by internal revenue
oTEidials as entitled to income tax exemption but nevertheless
’
asserts that on one occasion it did adopt a written affirmative
Sot bey to admit students irrespective of race. The only evidence
of this 1s a school board statement made September 6, 1973, or
nearly one month after it submitted the requisite application to.
‘the Board for state-owned textbooks for the 1973-74 school year.
Moreover, the adoption of this policy was not publicized at all
5 =
ame win the local:community, “or otherwise brought-to the attention .of-
black citizens prior to February 21, 1974. On that day, which
‘advertisement in the local newspaper. The Academy presented no
“credible evidence of communication or contact with the black com-
black students on the same terms as white students. This Academy
ih
having failed to effectively rebut an inference of racial dis-—
crimination, we are compelled to hold that it is disqualified
from receiving state-owned textbooks. Indeed, to hold otherwise
Bo)
on this record would be, we think, an abuse of discretion.
3. South Haven Mennonite School.
This small school is situated at Prairie Point in Noxu-
bee County, 7 miles east of Macon. As shown by its certification
form (Ex. 3), it was established in September 1971 for grades 1 —- 8
with 48 students and 3 teachers; last year's enrollment was 85
and the faculty has increased to 4. All students and teachers
have been of the white race, except for one student of Mexican
ancestry. The school is operated by the local congregation of
>
the Church of God in Christ, Mennonite; and all teachers in the
school are reguired to be members of that faith, though they need
not be EA CTL PR required to meet state cael stantion
standards. Mennonites first settled in this area of Noxubee
County -in 1967, having emigrated from various states in the
Union. Thal oh Sa Rol Tins, honater, i noe limited to
Mennonite children; as many as Snethird who attend are not of
that ‘religious persuasion. When the school "commenced operations,
the students 2nrolled, other than new arrivals from different ™
Prior.to the 1970-71 school year, all Menndhite- children in-the:
Macon area attended the local public schools; in that year all
whites withdrew from the entire public school system following
6/ the desegregation order for the Noxubee County School District.—
2d in the several school 6/: 'This.school district was inclu
t (U. S. v. Noxubee County districts subject
»
= i = i T 1 Sv: oe 87 Ae School District) of the 4. LoCourt of the
! ~ h 7 oy - ~~ ~ N - ~ Southern District of Mississippi in casas consolidated on
. Sage ; ala Eee = A . :
appeal to the Pifth Circuit in Adams v, Matthews, 403 F. 24
’
The school officials frankly conceded that the South Haven
Mennonite School was organized because the Magnolia School was
unable to take care of all students who took part in the white
boycott of the desegregated public school system at Macon and
also because the parents of other students were financially
unable to pay higher tuition rates charged by the segregated
Central Academy.
The South Haven Mennonite School made no appearance in
cont and, Of course, offered no evidence. Leo Classen, the
school board's chairman, was deposed by plaintiffs' counsel after
the scheduled date for hearing. This official testified that
the school actually preferred not to use state textbooks because
of .certain subject matter appearing therein, and, in fact, they
“had ‘established their book curriculum for the first three grades.
>
Ww
A distinctive feature of the curriculum is 30-minute daily Bible
study. Classen conceded that, while Mennonites were, in principle,
opposed to any sort of discrimination, including racial discrimina-
tion, andthe school had adopted .a written affirmative policy,
Sn tng South Haven Mennonite School is a private, christian
school which has been and-will continue to be operated
under policies which are racially nondiscriminatory in all
“matters, including. its. admissions policy, -administration,
standards of conduct, scholarship programs, loan programs
SER a --=+athletic programs and extra-curricular programs.”
no effort had been made by the school officials or the church
1 congregation to advise the local black community that an open
admissions policy existed or to let blacks know that their children
All
J '
.
Admittedly the factors for a prima facie case are here
present. The only question is whether this school, sponsored
9
by a close-knit Christian membership, has successfully rebutted
the inference of a racially discriminatory admissions policy.
The school’s reluctance, if not disdain, in presenting evidence
to this court has not facilitated our task. Nevertheless, this
court has undertaken to give this school utmost, careful con-
sideration in view of its status as a church-sponsored school
emphasizing religion. Despite contrary claims, however, we are
driven to the conclusion that the South Haven school exists as
a -haven- for ‘perpetuating white, segregated education.
4. + County Day School.
This private, nonsectarian school, located at Marks
is operated by the Quitman County Educational Foundation. The
x “1
group “obtained 'd charter -November 10,1954, and by using a build-
fu
ing provided rent-free by the Marks Presbyterian Church, opened
school foxr' the first time in September 1965, which was coincident
with.
{sae certification form, Ex. 4), is
directly attributable to the pace of desegregation in the county's
public schools as shown below. = The records and files show
8/ Public School Quitman County
School year Desegregation Event Educational Foundation
Grades Enroll-
Served ment
135565 Freedom of Choice :
grades 1-4 1-4 22
1965 Freedom of Choice
grades 1-8 1-5 41
1967 Freedom of Choice
grades 1-12 1-8 97
19569 Litigation over
terminal plan 1-12 300
1970 Terminal Plan
Implemented 1-12 490
Sea orders OF this court in Franklin v. Quitman County
Board of Education, No. DC 67~9-K, 8. D. Miss.,. and also
deposition of Dr. Lloyd R. Henderson.
Heavy withdrawal of white students from the public schools of
Quitman County during. this period of transition. From its
inception, .the Cental tment of Fae of County Day School have
been directed at white students only. The ae BOAdors SCOhool
attempts to rebut the prima facie case against it by urging that
1 does enjoy federal income tax exemption and has adopted a
written affirmative policy of admitting students regardless of
~
B
h
0 0
45)
policy which they emphasize has been published. in the
Fa conferring with internal revenue officials the school } board, by
a. split vote, took such a position. This position was in
September 1971 restated in an effort to comply with the require-
ments of the" internal revenue officials acting under the orders
of the U. 8. District Court for the District of er
Green v. Connally, 330 F. Supp. 1950 (3-judge 1971) .2/ No fur
8/ In Green, the Court, dna sult br Se by Negro parents of
school children attending public schools in Mississippi
granted injunctive relief against U. S. Treasury of tur lint
to require them to take affirmative steps against private
schools in Mississippl under a "badge of doubt" as to their
racially nondiscriminatory admissions policy
ne | »e
n + po
0
5 ( = C
r
0 ~
h
8) po C o ® pin
Q Be = | wn
ul
-
0 i 0 io) policy, however, was made or
published by County Day School for more than two y: ® ars. >On
January 31, 1974, less than one month before the evidentiary
hearing in this court, the Foundation placed an advertisement
in the local newspaper. The school made no showing of meaning-
ful contacts with the black community at Marks or that it made
recruitment efforts for black students. Recognition by Internal .
Revenue Service that a school is entitled to tax exempt status
and its donors may have their gifts deducted for income tax
purposes is, of course, some indication that a school has an
open admissions policy, hut it ie Tht alone determinative. Tn
this case, where it appears that an open admissions policy was
‘obviously stated perfunctorily, at isolated intervals, and only
“tO "obtain tax advantages, we are unconvinced that the school
has a position other than one taken to procure tax benefits
but without sacrificing the goal of white, segregated education.
We conclude that the absence of substantial, convin cing evidenc
presented by -the Quitman-County Educational ‘Foundation to offset Se by : : 1 :
Mississippi, is situated on the Natchez Trace Parkway at French
Camp, in the Southwest corner of Choctaw County. AS shown by
the certification form (Ex. 5), this institution was founded in
18856 as a boarding school serving grades 9 ~ 12. In 1931, the
»e oe
. Academy was made a "school home" for boys and girls of all ages
who were orphaned or unable to remain with their parents because
of broken home or other special problems. The student body,
which represents diverse religious denominations, comes from
4
nearly a dozen states and two foreign countries, yet the majority
nd
Ox its students are from different sections of Mississippi.
Almost half of the students pay no tuition or costs; the remainder
pay varying portions of school cost, but all students perform
work chores at the: institution, Traditionally, children of
elementary age have attended the public schools at French Camp.
On August 5, 1970, this court entered a consent order of massive
desegregation for the public schools of Choctaw County (U. S. v.
:
State of Miss., No. WC 70-36-K), effective the following month.
All elementary students boarding at the Academy continued to
attend the public school at French Camp, which, Of .course, was
fully integrated as to students, faculty, Btaff and adtivities.
The Academy, however, provides on the Academy grounds to black
music and athletic. training with-Academy teachers, coaches and ——
equipment. Moreover, students finishing the local elementary
Academy and they are regularly-invited to attend the Academy High
School, in view of the fact that the nearest public high school
is at Weir, 8 miles away. The available information does not
reveal any reduction in white enrollment in the French Camp
Elementary School and slight change in the enrollment of the
Se "eo
publicischools at weir.10/
10/ Information supplied Ly the Choctaw County Board of Education
shows the following:
French Camp Blacks Whites
1970-71 69 133
1971-72 66 120
1972-73 71 136
573-74 68 130
Weir
1970~71 175 159
1971-72 365 325
3197273 373 319
1973-74 364 260
Approximately 100 students are enrolled in the Academy's
high school, one-fourth coming from Choctaw County. While no
blacks have yet been enrolled in regular school sessions, school
officials have had contacts with several black applicants. — In
fact, three blacks were accepted for last yea 's summer sessions,
“one -attended,:-but two did not.envoll because they were unable to
obtain the makeup courses necessary. The Academy's high school
teams regularly compete in football, basketball and other sports
with nearby desegregated public high school teams. - Black speakers
have addressed the student body: and one black college student
has assisted in the summer program.. Otherwise, the FaCultyiis
and has been all-white.
The school officials, at trial, emphasized that all
applicants must show a need for admission and are accepted only
pot
(8 ih
ter personal interview. Usually, public welfare agencles con-~
4:
tact the school with referrals; and welfare workers of both races
have visited the campus and understand the schoo
—~l0
ee Pe
policy. The school has long enjoyed a tax exempt status and it
has consistently proclaimed that it exists to serve needy children
regardless OF race.
Plaintiffs criticize the literature and brochures pub-
lished by the Academy for lack of specific words expressing
clear intent to admit needy children, irrespective of their
race Or color, and they express disappointment that the efforts
to obtain from the Academy greater concessions by stipulation
ware unsuccessful. Plaintiffs nevertheless offer no direct
evidence of racial discrimination, either gopoused ox pracuineds
by this Te ELE Cav ions. re qu site factors giving rise
to an inference of racial discrimination are not here present.
Indeed, instead of a paper position, French Camp Academy has,
inn 2, TEA Te
inthe eyes of this court, made a convincing case for accepting
and schooling needy children across racial lines. As President
Angle testified, French Camp compares with the noted Piney Woods
‘School, in South Mississippi, also a work school for ne edy
oO
Q,
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2
0 ~
a
1
( {T
r
jt
er
children which has traditionally served black stu
1s an institution -which no one can successfully challenge as
t
racially discrimina tory. French Camp Academy clearly qualifies
Be. Christ Episcoonal Day Sheol.
‘r
’ This school, eater at 912 South Beach Street, Bay S
Louis, 1s sponsored by the Episcopal Church of Bay St. Louis;
and Rev. Charles Johnson, the Rector, is its headmaster. The
Day School operates as both an elementary and a high school,
-1 Tn
we ®e
with a current enrollment of 275. As shown by its certification
form (Ex. 6), the school began in 1950 as a kindergarten. One
grade a year was added through the 3th grade (1951-59). In
1267 the 9th grade was added, and 10-12 grades
student body is, and always has been, white; and all 25 teachers,
except for one instructor of the Indlan race, are vhite. The
evidence indicates that freedom-of-choice plans, required by
HEW but without court order, were first instituted in the Bay
Br Toule public schools in 1965-66 (grades 1-3, 12), expanded
to all grades in 1966-57, followed by terminal (pairing) desegre-
gation 1980270 soy grades 8-12, and all twelve grades in
1970-71. The other public schools "in Hancock County achieved
complete desegregation at about the same pace.
At first blush, basic factors would indicate that a
prima facie case HS digerinination tas been made, at Terns as
to the upper four grades formed in 1967 and 1969.
grades ware, without ant ernie LE Yat of
"freedom~-of~choice” desagregation in any form, and they could
hot, oar se; be regarded as a BRIERE as an alternative.
to desegregated public education. ° Moreover, substantial evidence,
supportive of this conclusion, is that with the advent of fina
desegregation Of the public schools in Bay St. Louis and through
out Hancock County, there was no reduction in the a of white
. / i 1 id f} hg
students attending those schools .+L Our cxitical attention must
—-13--
d f Lloyd R. Henderson,
with accompanying exhibits, as supplemented by records
from the public school superintendents of Bay St. Louis
Separate School District and Hancock County Board of
Education reveal the following:
Data obtained from the deposition of
Ss
Bav St. Louis Black White
1968-69 471 1673
1969-70 438 1489
1970-71 420 15635
Hancock County
1968-69 260 136
.. 1959-70 . 183 172
Yr 1970-71 450 3
be directed at the formation in 196% of the three upper high
school grades, and what objective reasons, 1f any, existed for
the school's enlargement. The school officials gave a credible
12/ The high school grades are kno Ss
School, which is advertised as a college preparatory school,
The high school with certain 1] grades is actually <
3 3 3 11 I = ~~ ent located -on- a-separate campus at Pass Chras
Coast Episcopal High
ian, while the 1 1:
‘first six grades are maintained on the original campus at
912 South Beach Street, Bay St. louis.
and acceptable explanation for this event, i.e., the closing of
a local girlig’ gchool catholic H
g
f
e
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5 XY
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Qu
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(D 0 = fo) 5 0 joy rr
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3 Sisters for more than 100 years and this, in the minds of many
persons, presented a need in Day: St, Iouls For'the continued
private schooling of high etenl shidanee, he nenvest private
Catholic high school was 20 miles away, vet the evidence fairly
supports the conclusion that local citizens had long supported
private parochial schooling. In fact, when Christ Episcopal began
0 its high school operation, 70% of its enrollment was female; girl
' 1 es 0 CE. . + 3 J 4 4 =o ey currently compose one-half of the 90 students enrolled in the too
Enjoying tax exempt status since November 15, 1962,
Christ Episcopal School trusteasg, in August 1971, adopted a
written declaration restating ite policy of ‘admitting students
irrespective or ace. Cranted that this restatement of position
was “taken as a direct result of Green v. Connally, yet the
trustees' resolution did not merely express an open admissions
policy as consistent with the school's past tha but
directed Rev. Johnson to notify the press, radio, TV and news
media in Pearl River, Harrison and Hancock Counties of their
£ reaffirmance and continuance of a nondiscriminatory rhlisy.
Rev. Johnson, pursuant to this direction, published explicit
news releases in the daily newspapers, radio and TV stations in
the Qu1f Coast area, Additionally, the resolution was forwarded
to black leaders in. the Bay St .= Louis community; all. future
advertising and brochures of the Christ Episcopal Day School
carried unequivocal notices of. a racially nondiscriminatory
admissions standard. Newspaper advertisements consi isten ntly
peared in the "Bay St. Louis, Biloxi and Gulfport newspapers
not only in 1971 but through the spring and summer months prior os
to the September 1972 school opening. In 1973 news bulletins’
without newspaper publication continued, and the school's
ure contains an explicit statement of nondiscrimina--
13/ "ADMISSION REQUIREMENTS
"The School is open to students of all religious faiths
and races. IL is the policy of Christ Bpiscopal Day School
and Coast Episcopal High School to admit the students of any
race to all the rights, privileges, programs, and activities 7
J or bv oY nin he + +1 able to students at the
school, anda to make no discrimination on the basis of
race in administration of educational policies, applica-
tions for admission, scholarship or loan programs, and
athletic and extra-curricular programs,
Rev, Johnson testified that while no black student had
ever applied for admission, no applicant has ever been turned
down because of inability to pay the tuition. The clergyman
emphasized that his school is prepared to and will accept black
students if they apply and he has no objection to hiring black
teachers or inviting black speakers to the campus, and that the
school remains open to engage in dialogue with the black com-
Hh
munity and to accept blacks at all levels of the school. That
plaintiffs were unable to wring from this school greater conces-
sionsiin a’stipulation: is: hardly determinative ‘of the issue. 7
‘In sum, we conclude that Christ Episcopal Day School has shown
credible evidence sufficient to sffectively rebut any inference
An entity of the First Presbyterian Church of Cleveland,
garten only. During that year the church erected a new sanctuary
and Sunday school building situated on Cleveland's west end.
The kindergarten in 19568 was expanded to include first and
jrades. Additional grades up to the 8th grade were added
196% 3rd and 4th
1970 5th
1871 6th
1972 7th
3973 8th
No present plans exist to add to the 8-grade grammar school which
operates directly under a board of trustees subject to the author-
ity of the Session, governing body of the local church. As shown
by its certification form (Bw. 7), the school's 1973 enrollment
was 168 white students, and its faculty consisted of 14 white
teachers. The headmaster is William Maynor, an ordained Presby~
terian minister. No blacks are or have ever been enrolled as
=
e
students or have served as instructors. The sc hool's upper five
grades were added following the implementation of local public
school desegregation pursuant to geographic zoning, as ordered
: ee : : 14
by this courktion. July 22; 1969.34/ Pl fu
rH
= tiffs emphasize that
14/ Cowan v. Bolivar County Board of Education, School.Disgrict
No, 4, No. DC 65=-31-K, Ci
these basic factors justify an inference of racial discrimina-
F
he point that most, or all, such-.-students and teachers had been
\
with the public schoo J
t
0 T
r
> ® 0]
Hy > 0 ~ wn
09
) 0 3 0 ®)
—
rh
0)
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x
The school officials at trial made vigorous efforts to
iscriminatory admissions
Policy. The proof shows that the Presbyterian Day School, operated
¥
py; POS
pe Sr —
as an entity of the local Presbyterian Church, osicnsibly adheres
to the church's policy of admitting students irrespective of race,
(See written affirmative policy attached to Ex. 7). The policy
Of the Presbyterian Church of the United States (frequently
referred to as the Southern Presbyterian Church), to which the
local congregation owes allegiance, strongly advocates racial
Ti
: 1 - he of “* - . os 3 - ~ +. DASE aD ul - -
integration in church practice and proCetare Sa The local
15/. In recent meeting at Louisville, Kentucky, the Gene:
Assembly of the Presbyterian Church of the United Stat
elected Dr. Lawrence Bottoms, a black clergyman from the
Atlanta area, as Moderator for the forthcoming vear.
church, through its Session, also has adopte Qs
8)
ie)
Oo |
he
Oo oh
} of B
c ct .
I]
> 0
persons to the church and all its functions without regard to race.
The present minister, Dr. Wilson Benton, Jr., accepted the call
to the church, on an explicit understanding that blacks were
welcome to pareioipate in worship services and all other church
functions, ad to become members of the congregation. With
respect to the Day School, the admissions policy grants priority
to children whose parents are Presbyterian Church members, next
to brothers and sisters of children attending the school, anc
ext to others who apply in chronological order.:8/
16/ Plaintiffs also challenge the Logriiry « of this school's
right to receive toxtbooks on the ground that iis admissions
policy Aiscriminates-on-the basis of LT ay a point which
we summarily reject in view of an affirmative showing
Nae asCicCo rl 08 AOL TILE el ol CapalCl LY «ANG 110 One Nas
“rv %% 3 v 3 5 { ais ing a v= { AA EI excluded on religious grounds. | Only one-fourth (44 out 0] it i: \
TEIN SR AY Ae RY gl, ER Pre ge TC amps Ny Setar TE YRS, A total enrollment of 168) of the students come from Presbyterian )
§ onl Ee 3 3 a cE 3 % FI Tage go nA — pa 19 GR LR TI
Calis families. The Day School ig the only private schivol (except
== ; 3 . \ : Tr GR 5 FE gi 7 - AF r
For Rindergartenad in Cleveland, which has a population of
more than 13,000. i
The church officials emphasize that while in many respects
the school's curriculum parallels that of a public elementary
school, a Christian atmosphere and Bible study are distinctively
stressed to a degree that the institution should be regarded
neither as a public school nor private school put as a "Christian
school”. Counsel for plaintiffs challenge the credibility of the
iktution is I
.
3
0 r
§ official explanation that their educational
actually open. to blacks and assert that goals of white segregated
education cannot be cradled, permissibly with state—aid, within
a:church having adult and other programs of X f genuine interracial
outreach. ‘This atlas is not without force, and causes us
concern. For, it is without dispute that the Cleveland Presby-
terian Church has adopte g visa, innovative p AE designed
to reach, and which do effectively reach, across racial lines,
For example, since 1968 it has regularly conducted an active
ministry at the nearby Mississippi State Penitentiary for
Ss ministry, the church has taken.definlie. -ledds
for sponsoring interracial adult meetings on the church premises
and dn participating with the efforts ©
Cleveland. Without doubt, the minister and the Session are com-
mitted to accepting into church membership blacks who may wish
to join; and blacks do from time to fime attend cht 1xrch services,
yet no black has yet sought church membership. The school
officials maintain that if a black family does join the church,
the children of that family would have top priority for admis—
sion to the Day School along with white Presbyterians.
A perplexing factor is that while the Presbyterian Day
School, as an entity of the church, enjoys tax exempt status,
and apparently has had no involvement with the orders in Green
v. Connally, it has failed to: publicize-in- tl
munity newspaper, radio or television declarations that the
school will accept blacks on the same terms as whites. Dr.
Benton declares Sh nis testimony that the open admissions
policy is known among the local black leaders. Another aspect.
for correct evaluation of this school requires that we consider
a Ly ~ py z= em = 7) I ~ 7 what has been the effect of white e nrollment in the public
schools of Cleveland (District No. 4) and nearby Shelby
17/ -Ciaveland Black White Other
1953-70 2902 3755 83
1870~7] 2353 765 52
1973-72 3047 74 44
2984 94
3 9 C
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fot
fd
ft
p
OY
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e
d
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No
ansamA—
1969-70 1635 255
1970-71 (not available)
1971-72 : 1666 55
1872-73 3390 52 a4
1973-74 B210 52 531
evidence shows that most of the students graduatin:
Presbyterian Day School do attend the descgregated Cleveland
al " 18 ’ i 5 ig .
public high solvel. 1 The record is not at all clear as to what
18/ Plaintiffs' counsel emphasizes this is a majority white
high school, a criticism wholly irrelevant to the issue
at hand.
portion, if any, of the white students withdrawing from the
Shelby schools attend Presbyterian Day School. Bayou Academy
and other segregated private schools in Bolivar County are
within easy reach of Shelby students.
The evidence thus presented by the record poses a trouble-
some question for the court. We agree with defendants that the
local church, as a congregation, is racially nondiscriminatory
in policy, practice and dedication, yet we are moved by plaintiffs!
4
observation that, for some reason, positive, let alone original,measur
rm—— TTT at
calculated to make the Day School nondiscriminatory in policy
and practice, appear to be lacking. Our guandary in reaching J
a just result under Norwood's mandate has caused us to hold that
the path of justice and equity is to approve this school condition-
ally, and only for the 1974-75 school term, insofar as its con-
tinued use Of state textbooks is concerned, and place it on
probationary status. In this way, the school will have fair
opportunity, if it wishes to continue with state textbooks, to
institute meaningful plans and practices to acquaint all blacks
within the Cleveland community that it adheres to an open admis-
sions policy, to institute recruitment efforts to obtain black
: { 3 4- J ~1 f- ce vv dy ~ Cn ~ y= yen I Cu I NA IN rY IYI AS TY CRIT YS OY in the school as students or Leoacheors, Or adopt other measures
which will convincingly demonstrate that the school is not racially
segregated, “It will not do for the respondent school simply to
say that since the Presbyterian Church does not proselyte for
members, the school also must remain passive 1n its dealings with
the parents of black students at Cleveland; for while restraint
may be good and commendable church polity for Presbyterians as
a denomination, it hardly satisfies constitutional mandates, if
this all-white school is to continue receiving state textbook
ald, that it not discriminate on the ground of race. Evidentiary
hedrings in the spring months of 1975 will afford the court an
‘adequate factual basis for final determination.
CONCLUSION
The saga of private schools in Mississippi receiving
state textbooks prior and subsequent to the Supreme Court's
de cision in Norwood should De br iotly recounted. Before Norwood,
107 Late UR hel rec io such id; after Norwood, 2% academies
applied for. state textbooks in accordance with certification pro-
cedure established by this court upon remand. Of this number,”
approved 28, ‘Plaintiffs -filed objections to 24 schools approved
by the Board. Pending appeal to this federal district court,=13
Prive Ae Tsp satisfy, by st Tipuianion, challenges
fs’ As piaviously stated, 4 SenAiutas voluntarily =
1 = raised By plain ntis
withdrew their reque ots ton others Attar challenge; and we have
O =
{D
herein found 4 more academies iveligl] 2 qualified, and one
approved only conditionally for one year.
We agree with plaintiffs that the Board should not dis-
tribute further state-owned textbooks to any. private school not
3 Ee rie CR ot y+, >y y bee mirc de Ty 7% 7 To oe 1e possession of state-owned textbooks
without prior approval of this court. All schools not approved
for state textbooks no longer have them or are required forth-
with to surrender possession. It is just that henceforth
judicial review must anticipate, and not follow, the actual
shipment of state textbooks to any private school not already
approved for such assistance either by this court or by the
Board, excluding those cases where the private school may have
: ; ; 3 18
voluntarily withdrawn its request subsequent to Board approval 3%
18/ This provision necessarily means that the private schools
which voluntarily withdrew their requests when challenged,
i.e., Indianola Academy, Hillcrest Academy, West Panola
School and North Delta School, are within the ban imposed
above.
et an order consistent with the foregoing be forthwith w}
#*
entered.
This, 42th day of July, 1974,
AA, BAAA one et
Chief Judge PAE
United States District Court
2B
i. x2 rYo™ yr ——
| : EEE 1)
Ter ————_
MISSISSIPPI TEXTBOOK PURCHASING BOARD : AUG 3 1973
: !
CERTIFICATION AND BACKGROIND INFORMATION FOR
MISSISSIEPT ST
TEXTBOOK BOARD
iE OF PRIVATE SCHOOL: SYLVA BAY ACADEN]
ARD TITLE OF OFFPICINL,
COMPLETING FORM: Wo X. Deason, Jr. Yice Brasident,
“\2ADES PRESENTLY SERVED BY SCHOOL: _ Grad a8 3-12 bt
~—
6. TATE ADDITIONAL GRADES WERE ADDED (if any): _None
FY
7. ENROLL? ME {iT AND FACULTY BY RACE:
%
. Professional
Students fr Staff
oR en YWhike Black White «Black
Tpen Opening ; i : ;
September 1269 :
Fenruary 1970
September 1970 :
February 1971 pa En
September 1971
September 1972 23h 0 we 18 0
September 1973 - 2h0 TE =
(projected) : id a Hide
8a. STATE WHETHER STUDENTS ATTENDING SCH 100L ARE IDENTIFIED BY
RELIGION BY SCHOOL RECORDS: Yo
1 to by the school: an
c. If ves, state the number oi stud
d Tf ves, state the number of faculty members, by religion,
employed by the school in J aged 1972 2
Sa 76 rap ecOO0Y, PRESENTLY RECOITZE] AS EXEMPT FROM FEDERAL
INCOME TAXES? YS NO x
FEF yes, state he date on which said exemption was approved
Or granted:
ve
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ATA T DAT
i (H{OOL ® EDUCATIONAL STAND
STATE DEPSIMENT OF EDUCATION?
1]
‘11. ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR:
SCHOOL? _ YsS
If yes, state the number of such scholarships offered during
A = : do : 131
the 1972-73 school year to: a) white students sone 3
and b) black students yw... .
rrr
INDIVIDUALS. TO STUDENTS
ARE SCHOLARSHIPS AWARDED BY PRIVATE
OF YOUR SCHOOL? ph NE NO.
If ves, state the number of students by race who obtained
such scholarship assistance during the 1972-73 sChool year:
a) Dblack students None ; :and b) white students 1M0ne
"J
md
in
Q
number of students, by race, granted IF yes, then state the
1972-73 school year: a) white
Tv.” such 'walver during the
students None ; and b) black students =
; : SIA
14. ARE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF
ANY ATHLETIC TEAM(S) SPONSORED BY YOUR SCHOOL? No
If yes, state the number of such students for the 1972-73
school year le
153. DOES THE SCHOOL HAVE A WRITTEN AFFIRMATIVE POLICY OF ADMITTING 1
i STUDENTS IRRESPECTIVE OF RACE? Hox:
IF yes, attach a copy of that policy and state the date of its-
adoption by the governing board of the school.
b, Has the school publicized this policy in a manner that is
intended to and has been reasonably effective in bringing
. it to the at¥Bnition of persons of student age {and their
families) who are of minority groups, including all non-
wnites? Wen “If ves, attach copies of all notices
in all newspapers, brochures, catalogues or printed
advertisements appearing or prepared at the time the school
vear. was first opened and during the past school
Has any member of the school's governing board, administ
or faculty taken any action or made any statement qualifying
or negating the school's stated policy of open admissions?
NO
hd E-.
Taos
.
156 STATE THE NAMES AND ADDRESSES AND RACE OF THE SCHOOL'S:
a) Incorporators:
" - Wh Fa Roca ive
LJ
e
oy
= i
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e
m
n
1
’
Norman Hendry- President Lo
¥. RK. 301 3 » Ko Penson, Jr.--Vice President ay Springs Mi i President EBay Sprinfg, Miss, Vhite Baca
TY... edu
1% foward Wilson ~--Troasurer —=--Lonin Migs Write Arce moins vam 1) nt ey
Erwin J, White ---Secrstarv Tor od ars Yhite Race hite hecratary —=— PAY Snrires, Miss i
n 73 )
a 1
Billy Windham-- Director --Star Boute Dar Sonineged zthite Jace ty =~ pot ge oO) AA»
R 3 r Hoy Dovns ~=-a- Director----Pay Sprines, Miss ¥hi
ge z :
Sadlye Sh > na vite Race ee Ty Simm me MHrortar Pov Sryed en
J dr Ulrector---r2y Springs. Misa i, R 1 go, N133, ~-—-=bnite nace
FL
m
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m
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—
ae
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PR
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¢) Board Members:
Norman Hendry------ President ; Rov Dhwns ——--Direcktyr
i
¥. K. Denson, Jr.--Vice President P. Q. Sims —--Director
Howard Wilson ----Tressurer .
. Erwin J. White ~~ Secretary
os)
i11ly Windham --- Dirgctor
17. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS
°
A=
None
HC (WHICH) HAVE COoMERTBIIID LAND OR BUILDINGS TO THE SCHOOL:
a dh;
18. STATE WHETHER ANY INDIVIDUAL, CORPORATION OR ORGANIZATION
LISTED IN ANSWER T0 16 8nd 17 EAS ATTEMPTED TO we aE THE
SCHOOL TO MAINTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS.
- x te)
If ves, state the name of such individual, corporation or
corporation.
1S. STATE WHETHER ANY BOARD MEMBER, OFFICER OR ADMINISTRATOR OF
THE SCHOOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION ESPOUS—
ING OR ADVOCATING WHITE RACIAL SUPREMACY OR S SUPERIORITY
No
If vas, list such individual:
H
h
‘swear (or affirm), under penalties of perjury, that
foragoing information is true and accurate to the best of my
nowledge, information and belief.” I further understand that this
11 Y Se t= joe .
.£fidavit is executed as a condition for supplying Mississippl
to-owned textbooks to the above named private school, and that sta
£111 and accurate answers are required by order of the United
a+ntaes District Court for the Northern District of Mississippil
Anced July 25, 1973, in civil action Mo. VC 70-53-K, styled
Norwood, et al, v. Harrison, et al, on the docket of the couxr,
ih a
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of Tells 197 [J (Name of Schdol) A
Brunt). 33 ited, Clint ;
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MISSISSIpPpT TEXTBOOK | PURCHASING SOAR
a AAW A
: CERTIFICATION AND BACKGROUND INFORMATION FORM —-— i
LAME OF PRIVATE SCHOOL: West Tallaharchie Academy oo 2 Te lallnIe Ack a I ADDRESS (include county): Tutwiler, Tallahatchie County, Mississippi
fetes oe ra Se >
\; i i \ T
7 PL 1
COMPLETING FORM - VW. Flaurt
SRADE RESENTLY R : 1001, 1-9
DATE PRIVATE SCHOOL OPENTD FOR THE FIRST Time AND GRADES SERVED UPON OPENING: S h
Te ————————
DATE ADDITIONAL GraDzs WZRE ADDED (if any) : 9th added for 1973
ENROLLMENT AND FACULTY BY RA Bs
:
Professional Pe.
Students
Seafr White Black _ ¥Vhite Black : Upon Opening : :
September 1969. .
Eanes a
February 1.570
es
i
September 1870 177.
3 om Tr we re February 1971 178
8 ;
September 1971 139
8
September 1972 110
10
Ha PAL rr
STATE WHETHER STUDENTS ATTENDING SCHOOL, 2nE IDENTIFIED BY RELIG
if ves, state the religion catered +o BY the school
, |
re HAs BGR = -
- .
NN -
ate the number of Students, by religion, enrollee Cc
VN bi 0 an] hd IIT yr ™ ~~ Rt} Eooll Baniie XC To Tet Sr: ROM LID
HOGS, LRESEN TE x RECON ik ar) 2 4 b PIE eli i ’ x
1X) Fi iy ol 2 Ac BET & fo ge “ 2X “igh an cr ' d A
FA Jy ILL oA PU VAIN LE Lad SAU NER Aun Mia a hk eile
BY THE STATE DERaltIMENT OF EDUCATION?
i ™ ry NNT Arr A \ - wo Ln y vr
ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR
SCHOOL? No
If yes, state the number of
the 1972-73. 8Chodl vear to:
and b) black students
such scholarships offered during
a) white students :
°o
ARE SCHOLARSHIPS AWARDED BY
OF YOUR SCHOOL? YES
IF yes, state the number of
such scholarship assistance
a) iy students
PRIVATE INDIVIDUALS 70 STUDENTS
MyM
students by race who obtained
during the 1972-73 school vear:
+ and b) white students
J
HAS ANY TUITION DUE THE SCHOOL BEEN WAIVED? Jz
If yes, then state the number
such waiver during the 1972-
" students ; a
< r .
If ves, state the number of
school year
DOES THE SCHOOL HAVE A WRIT
f students, by race, grante
3 school year: a) white
4 bp) Plack students
ENTS ENROLLED AT YOUR SCHOOL MEMBERS. OF
SPONSORED BY YOUR SCHOOL?
such students for the 1972-73
EN AFFIRMATIVE POLICY OF ADMITTING
STUDENTS IRRESPECTIVE OF es Yes
Ee yes, attach a copy. of that policy and state the date of its
adoption by the governing board of the school. 2-18-75
Has the school publicized this p
intended to and has been reasonal
it to the attention of persons ox
- families) why are of minorit
. i
whites? No . If ves,
:
ca
in all newspapers, brochures, caf
D advertisements appearing or
was first opened and during
. Has any member of the school’
or faculty taken any action
or negating ge school's st
: NO
licy in a manner that is
ly effective in bringing
student age (and their
v groups, including all non-
attach copies of all notices
talogues or printed
prepared at the time the school
the past school year.
governing board, administrators
a or made any statement qualifying
ated policy of open admissions?
STATE THE NAMES
2% Incorporators:
e d. A. Mitchell, Cleveland, M
W.G. Flautt, Box 11, Swan Lake
AND ADDRESSES AND RACE OF THE SCHOOL'S:
ississippi - White
Ira A, Cusley, Tutwiler, Missis
Sam B. Orman, Box 403, Tutwiler
Mississip pi ~ White
- White
ssissippt - White
A.
+d
351
JamEZ RK, Bryant, Box 185, Sumner
Joh. Hill, Ir.; Webb, Mississ
il
NAT ~ r, Mississippi ~W hite
Jack CWE ES T/T, Eng
M.S, ale Jr... Glendora, Mi
VIISS1ISS1IDI
%
aa © 0 TR.
ippi-White
A
NA JE = oped oT 5351SSIDDL-YY NILE MrsTioR; NCLLY, PILpp, EESTI
John B. Ray, Philipp, Mississippi-hite
D
e
nn
o) Board Members
W.G, Flautt, - 11, Swan Lake, Mississippi ~ White
P. H. Thornton, UL Turwiler, Madris sinpi = White
... =ZKelth Pearson, Tutwiler, Mississippi - White
Herbert Radcliff, Turwiler, Missigsinpi = White
Mike Mills, Sumner, Mississippi - White
Prank] Mitchne x. Sumner.
Mississippi = White
James R. Bryant,. Sumner; Mississippi - White =
William Falls, Webb, Mississippi = White
Al Lary Glin Webb, Mississippi ~ White
-Doyle A: “Tubb, Sumner, Mississippi ~ White -
17. STATE THE NAMES: OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS
WHO. (WHICH). HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL:
op All - land and uss are leased byt tha school
» Rot Sa nl RE SEO RN gg ee IN RT Veh ie
- Se i ~~ = % 2 = = 5
i8. STATE. VEIETHER ANY. INDIVIDUAL: CORTORATI ON OR ORGANIZATION
LISTED JIN ANSWER TO 16 and 17 HAS ATTEMPTED PO INFLURNCE TIT
S HOOL--TO. MAINTAIN RA CIALLY SEGREGATED EDUCATIONAL PROGRAMS.
> yg CPUTRII | y ES ne : ear = ALIBI 3
such individual, corporation or If. yes; state: the name-of
co
orporation. is mtr All 8cewTis v- ;
OT Tg fr ls al WP Se HE ed ctlio Te (My : ;
- ~ - ro Jl ES Ee : I a # *
19, STATE WHETHER ANY FORD Mar FREICER-ORADMINISTRATOR OF
THE SCHOOL IS PRESENTLY A
- NG QR_ADVOCATING-WHITE
No
MEMBER Or ANY ORGANIZATION ESPOUS-—-
RACIAL - SUPREMACY OR SUPERIORITY.
Ne
If ves, list such individual:
swear (or affirm), undzar penalties Of perjury, that
the foregoing information is true snd accurate to the best of my
knowledge, information and belief. I further understand that this
affidavit is executed as a condition for supplying Mississippi
g+ate—-owned textbooks to the above named private school, and that
: % / : . d 3 ;
full and accurate answers are required by order of the United ;
States District Court for the Northern District of Mississippi
dated July 25, 71973, in civil action No. WL 70-53~-K, styled : i
Norwood, ‘et al, v. Harrison, et al, on the docket of the court.
A day of LAA Au 1973
Sworn and subscribed to
a= - OD 1 A | . ~ I To
efore me this? day West Tallahatchie Academy
of cans? 197%. 4 (Name of School)
R f
Notary Public :
EXPIRES AUG. 12, 197¢
SA
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I
MY COMMISSION
My Commission Expires:
WR, a EY ie a I tad ara rr AL i St i ra Sein pa
: § 7 BLAINTIRRS 1} 4
5 TA HIST : t
# k :
. SE 3
i / ot
i BNE REL Aa ; {
Bear 325 7 2s RE as)
MISSISSIPPI TEXTBOOK PURCHASING DROARD |
CERTIFPICATICN AND BACKGROUND INIFORMATION FORM ;
’ A -~ !
1. NAME OF PRIVATE SCHOOL: Deu Li AE Blcavsnid cos Otte 3
: : £
: 3
I'S - Oo 2 - 2 3 D / Py / P > - D . of H \ r
2. ADDRESS {include county): ¥ TL LA Tacs « ont [{oxsh eel 7 $ , Hi
pili ’ Mis. © 8
A Eu h Sa E
8. NAME AND TITLE OF OFFICIAL, ¥
COMPLETING FORM: FZ boy 4 : Ronuital tiandt
. COMPLETING FORM: Freal fag 2d e | 3 bo, 10S C0 i) Dav Vem bev : Hdmi :
4. GRADES PRESENTLY SERVED BY SCHOOL: Re © eg | g
FIRST. TIME AND GRADE
PENNING: Send 5 ; OPENING: cp) ; A
6. + DATE -ADDITIONAL GRADES WERE ADDED (if any): Mone
$7 ENROLLMENT LIND FACULTY BY RACE:
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Professional
Students Sta fF
. ‘White Black Wnite Black
* Upon Opening i 3
‘September 1969
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’ September 1970
February 1971
Senterhsr 1971 ®H58 js 3
September 1973 ~__¥ I5 x 4 :
(projected) Total y
8a. STATE WHETHER STUDENTS ATTENDING SCHOOL ARE IDENTIFIED BY
RELIGION BY SCHOOL RECORDS: Ho
bs If yes, state the rellgion catered to by the school:
c. IF yes, state the number of students, by religion, enrolled in
the school in September 1972:
d.. If yes, state the number of faculty members, by religion,
employed Ly the school in Saptember: 1072:
Fol
{8 EYSCIIOOL PRESENTLY RECOGH ZED AS EXEMPT FROM FEDERAL
NCOME TAXES? YES NO
tate the date on which said exemption was approved
EXHIBIT 3
Ae Ope I “+h <2. frocrss .) b Zing nel uded Cri Eiaiialich
P
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240 - t y & 17 on
Lal ral Tne imines Tox La +4 Clone oF Cad {ne Clhets + Vigan =
V
a
He 3 on Pt dae a Sedan HR cai 0.20, rm Ep “i
hia d
such scholarships offered during
a) white students :
If yes, state-the number of
the 1972-73 school year to:
and Bb) black students :
ARE SCHOLARSHIPS AWARDED BY PRIVATE INDIVIDUALS TO STUDENTS
12.
OF YOUR SCHOOL? YES NO PR
If yes, state the number of students by race who obtained
such scholarship assistance during the 1972-73 school year:
a2) black students . and b) white students
13. Has ANY TUITION DUE THE SCHOOL BEEN WAIVED? ie
If yes, then state the number of students, by race, granted
uch waiver during the 1972-73 school year: a) white
Sinai » and bh) Ddlack students
14. ARE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF
A a i
ANY ATHLETIC TEAM (S) SPONSORED BY YOUR SCHOOL? I
If ves, state the AudioeT of such students for the 1872-73
school year
15a. DOES THE SCHOOL HAVE A WRITTEN AF PIRDIIVE POLICY OF ADMITTING
£2
. STUDENTS IRRESPECTIVE OF RAC = 2
If yes, attach a copy of that policy and state the date of its
adoption by the governing board of the school. Marcel Jo 137i
i
Bb. Has the school publicized this policy in a manner that is
intended to and has been reasonably effective in bringing
it to the attention of persons of student age (and their
families) who are of minority groups, including all. non-
whites? Yer .. i 1f ves, attach coples oF all notices
in all newspapers, brochures, catalogues or printed
. advertisements appearing or prepared at the time the school
was first opened and during the past school year.
c. Has any member of the school's governing board, administrators
or faculty taken any action or made any SEatement: qualifying
or negating the school's stated policy of open admissions?
None
16. STATE THE NAMES AND ADDRESSES AND RACE OF THE SCHOOL'S:
Teena eno ratorss:
spiel, JI: Lijoir od :
0 he a aaa ILL ie rt TT
I seh IVINS LACT deliny vy; dun = RANE Violated, a Re
‘ » af $3.) oY 112 TL hi 3 us oI COLiGive Chri ia
-
alt il, vg J) 30 pay RN we? ~~ FI is dra Loon oo avin — er} Sinn Jovan + JE
Vo Pp. lh ud a Lhe) PRG # LACH CY, Fa “SVU * rum:
4 V2 Jouirn y +6 Lhe develo wns Sl SER RELATE Wet 3 OL conde!
f g ia AILEY Javon “a canon. tn Se be sla i RR 5 a © i SL10ne Chirnint ™ Su Lan oe ora ;
foal con uinne 3 HE CE RT : LE LRMMSLIon ahiavage § hb iy
; ; 1 A rn) Ll Nes to Go £78 i : iz; So aS d rave ca, ize Ny 1 Alar Ler 3
ih . va a “Ha : <i tc A laTaka yp to 3 - EL X3L - 2. ¢
shia ld WB oiuoy, IC er pol leden init SR BORON) This
PEI J STA IPR, 1 -t- 14: 5 TR Nol eT) : $031 ¢ 0 ars vo oy fs “ rae 0 Noe 3
~ 2 110) Nina Fo se) =O. Tr : : Cad say 13 ; e EATS IS |
~ G RF LR » LOOT) > r0.13 oY add 9 3 . : pe LY ’ Coney bo vi a
: spin. 08 1 Of aa, Schletio GLELNS i, glye lig 50 hy
3 vl H POY RS ail 2 : Vadiing ~» 7 od Ce
suhag TEE RC ir; :
NS rare
DOES THE SCHOOL MAINTAIN EDUCATIONAL STANDARDS ESTABLISHED
BY THE STATE DEPARTMENT OF ED UCATION? ye Go rth dhs preapbiomn
aad be ih lane dol agttod<, @bilvdy oo Wil
*ARE SCHOBARS SHIPS (AEADEMIC OR" ATHLETIC) AVAILABLE AT YOUR
oJ.
SCHOOL?
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17. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS
WHO (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL:
38. STATE WHETHER ANY INDIVIDHAL, CORPORATION. OR OCRGANIZATI
i LISTED IN ANSWER TO 16 and -17 HAS ATTEMPTED TO INFLUENCE THE
SCHOOL TO MATR NTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS.
\
Me
Xf ves, state the name of such individual, corporation or
Corpor Sine
THE gh Is SL A HIBTRR or ANY Sub iy
ING OR ADVOCATING WHITE RACIAL SUPREMACY OR SUPERIORITY.
y.
If yes, list such individual:
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IT hereby sr (or atfirm), under penaltie ec jury,
the foregoing information is true and accurate to the best of my
knowledge, information and belief. IX further understand that this
affidavit is onaculed Asa condition for supplying Mississippl
5tate-owned textbooks to the above named private sc chool, and that
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full and accurate answers are required py order of the United
states District Cou rt for the Northern istric
dated July 25, #3973, jn civil action NO. we 70-53-K, styled
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MISSISSIPPI TEXTBOOK PURCHASING DOARD, oe
- ~ w= Snr tS CISSIDDL © 5 gt
CEL RTIEICAT ION AND BACKGROUND INFORMATION EOD SIPPI STATE
Ti '
RS E77 SO0K
{AME CF PRIVATE SCHOOL: _ (J UuITMAN COONTY EDUCATION!
Fo OUNDOAT)IEN
ADDRESS (include county): BoA &5f pmMARKS pAlSe av
’ : St
NAME AND TITLE OF OFFICIAL
COMPLETING FORM: ROB (CP ARZoN CHAIRMAN DF
GRADES PRESENTLY SERVED BY SCHOOL: ja} D
DATE PRIVATE SCHOOL OPENED FOR TiE
FIRST. TIME AND GRADES SERVED UPON
OPENING: SEPT 1a Ly C-RADE S Lj
ADDED (if any) :
FACULLY BY RACE:
Professional
Students Staff
White Black White Black
_ t 1 " :
Upon Opening 2.20 0 0 2 €)
eptember 1963 3&0 lb) 1 ys O September Gan Id
. x = en, - x 30 > i : be 2 oe
February 1970 HAT 3 0 2Z- bh D
September 1970 HH 40 o iY D
F Wro ud po 2? February 1971 BHT = Sell OR ol
: \ 3 : September 1971 LD o 2b Oo
7 7 :
September 1972 Ho0 9 5k O
- — ‘ ir -
September 1973 YH2OD 0 z 0
(projected)
STUDENTS ATTENDING SCHOOL ARE IDENTIFIED BY
SCHOOL RECORDS: _AJ
If yes, state the number of students, by religion, enrolled in
the school in September 1972: =
TE ves, state the number of faculty members, by religion,
employed by the school in September 1972:
I5 THE SCHOOL PRESENTLY RECOGNIZED AS EXEMPT FROMSFEDERAL
~ “wr ~ DL L¥3
INCOME TAXES? YbBES A NO
If yes, state the date on which said exemption was approved
, 3 ! bien: 4 or granted: i do I wr LR
4
RoAQRD
BY THE STATE DEPARTMENT OF EDUCATION? £5)
HIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR
ves, state the number of such scholarships offered during
the 1972-73 school year to: a) white students ; ;
and b) black students .
ARE SCHOLARSHIPS AWARDED BY PRIVATE INDIVIDUALS TO STUDENT
OF YOUR SCHOOL? YES. - NO A
If yes, state the number of students by race who obtained
such scholarship assistance during the 1972-73 school year:
a) black students + and b) white students
~
HAS ANY TUITION DUE THE SCHOOL BEEN WAIVED? Al
a
If yes, then state the number of students, by race, granted
such waiver during the 1972-73 school year: a) white
students sand bb) black students
AKE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF
ANY ATHLETIC TEAM(S) SPONSORED BY YOUR SCHOOL? _ {VN 0
If yes, state the number of such students for the 1972-73
school year
DOES THE SCHOOL HAVE A WRITTEN AFFIRMATIVE POLICY OF ADMITTIN
STUDENTS IRRESPECTIVE OF RACE? VY i= §
I2-yes, ‘attach a. copy of that policy and state the date of its
adoption by the governin 23 board of the school. = bi i
Has the school publicized this policy in a manner that is
intended to and has been reasonably effective in bringing
it to the attention of persons of student age (and their
families) who are of minority groups, including all non- g
whites? NES TIF ves, attach copies Of all noticdas 5 o
1 newspapers, brochures, catalogues or
tisements appearing or prepared at the time t
1 irst opened and during the past schoo
1) Q
u
< (D
Has any member of the school's governing board, administrators
or faculty taken any action or made any statement qualifying
or negating the school's stated policy of open admissions?
ND
REBERT A. ansaid MARKS MISS WH ITE
:
|
Yat fa) WE Zz 1 f Y a r~— , . A i id rg 2 ~~ —
TAME S PO ARAERC 2 MARKS frill si po HITE
/
AEN. A SYANNELL ANCE SAIS 5 VIET
o
r
+
3
ray Founders:
ROBERT A. CARSON MARKS, M1S5 INTE
JAMES P £RAEBER MARKS MISS WHITE
Sal SL YANAELS ANCE WTLATSS EY I a ay
c) pn Members:
"BERT A- ARSON, MARKS, M158, LITE
MIL RAEBE MUS RK S. MiiSS vo TE
=N YAN Bias CHANCE, RIE
rT I=
TUBERT; HAYNE 55 LAMBER pes wks r=
JILL ¢-»0 Cl, FUARKS, mMisS5, vi RITZ
~bD ANN. Sto NE, MARKS, MAIS Aw HIT E_
GAZ EL Ls FEETER, TANRES FASS (HITE
Rd ov SLY ToT lls ik N58 WwW FTE
TAMES B EVA NT TERE MISS LHI bk
TERRY CAFRFRIEY, LAMBERT, "M186, w HITE
TC. BufFeRY, ZLUENUSRA, M135. AIT E
17. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS
.. WHO (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL:
NONE
WHETHER ANY -INDIVIDIAL,, CORPORATION OR ORGANIZATION
3 TO -15 and 17 BAS ATTEMPTED TO INFLUENCE THT
CHOOL, TO MAINTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS.
NN Ey
18.
If ves, state “Che name of such individual, Sorpdvasion ox.
Serpotation | TRE : :
19, STATE WHETHER ANY BOARD MEMBER, OFFICER OR ADMINISTRATOR OF
THE SCHOOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION ESPQOUS-
ING OR ADVOCATING WHITE RACIAL SUPREMACY OR SUPERIORITY.
NaN E
If yes, lis St such individual:
i Ia oo. re i
I hazeby swear (or a ECL tnd, under penalties of perjury, that
N-
the for egoing information is true and accurate to the best of my
knowledge, information an pet iet. I further understand that this
affidavit is executed as a condition for supplying Mississipp
” - a — - ’
State-owned genibodks to the above named private school, and that
full and accurate answers are required by order of the United
a States District Court for the Northern District of Mississippi
© ~~ dated July 25, 1973, in civil action No. WC 70-53-K, styled
Honioed. Toe 81, “i starel eon et ak, on the docket-of the court.
i a. : re TR cmirermirisr reper teeta GE
NE _ day of Aris YT i 197ed
—_—
: { } = . Ns - a.
a. RS he TE > Po i -— y —
ww —- F
- = Cm mo eee py 3h po — a ——— ——~
. — - ~ a eines Sr. — —
.——- wet rie ge i. —— PR i a a, i vas.
Y3 eines ale —v a er - x
NaS, 3 FEES Snes
N 5
Sworn ‘and subscribed to
before—me-this A £
of - 4 et 197 iy =n J ats ei
Oh
(Name of i
57. Or i DA i. LA ET De Cx hn / ele
a | — ~Cotnih, Li
—_— ve -~ oltre I -— ~~ nm — ~~ — ~~ i -
— EEL = — SA BE tg asp = a
Premise JIE SE -_— 4
LT TR lL Sy cP
- Ho C = rere mmm —— o_o a— —— Oy
-— a y= — -—-— -— -— > . The ES
r-- Crr—-- - oy a od ey ee ay # - ye ay —— PERE a tre re ma,
-—- ad Me Metin bi — a. —— - ~ =
~~ oo Ce Cd na 2 a ee in we won Ca my - "
Vn Ps -— - Ne A en - - oe — - oo. Ne
Bs EE EE IDI
os -
on rs -—n i -—- - 2 ps ei - —
o"% oe TN CELVR TD
) ERI yh Vo alaaV
|
|
E317 Fila!
ATCC TCOTDDT MI Onnel’ IIR 17 T \ se ATT i in hed ES FUR ASING BOARD MISSISSIPPI § C FAT -
: cr SRTIFICATION AND BACKGROUND INFORMATION FES TRO0K BOARD
iain
1. NAME OF PRIVATE SCHOOL: French Camn Academy
2. ADDRESS (include county): French Camo, Choctaw, Mississlonl 39745
3. NAME AND TITLE OF OFFICIAL
COMPLETING FORM: Jolin Samuel 'Sam’ Allon
4a, GRADES PRESENTLY SERVED BY SCHOOL: 9.12
5. DATE PRIVATE SCHOOL OPENED FOR THE
FIRST TIME AND GRADES SERVED UPON
OPENING: 1 856 wf Lh ohadea 9-17,
6." DATE ADDITIONAL GRADES WERE ADDED (if any): 000004
7. ENROLLMENT AND FACULTY BY RAC
: professional
Students Staff
White Black “o.Vnlte Black
Upon Opening ALL “ALL
oe September 1969 y 5 hts,
February 1970 eri Jane gol SRE SAE
September 1970 " : wT Suet |
February 1971 wg JP Fad
September 1971 Sw Hd
‘September 1972 EW Ban a
September 1973 I ne nei
(projected)
8a. STATE WHETHER STUDENTS ATTENDING SCHOOL ARE IDENTIFIED BY
RELIGION BY SCHOOL RECORDS: Cngidh preference, YES, and that's afP
OR
b. If yes, state the religion catered to by the school: Nm
c. If yes, state the number of students, by religion, enrolled in
he school in September 1972:
d.. If yes, state the number of faculty members, by religion,
employed by the school in September 1972:
9. IS THE SCHOOL PRESENTLY RECOGNIZED AS EXEMPT FROM FEDERAL
INCOME TAXES? YES Yes NO
If yes, state the date on which said exemption was approved
or granted: 1856 (to aur biicwledgel
10.
11.
$13,
14.
S=1*1 5a.
b.
16.
ne 1972-73 school year to: a) white students Ab Pil
ay
DOES THE SCHOOL MAINTAIN EDUCATIONAL
gTANDARDS
ESTABLISHED
pY THE STATE DEPARTMENT
OF EDUCATION?
_ Yes
ARE gCHOLARSHIPS
(ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR
SCHOOL?
Academie
Se ———rn
1f yes, state the number of such scholarships
offered during
3 2 -
=?
and Db) black students
La .
" ARE gCHOLARSHIP
S AWARDED BY PRIVATE INDIVIDUALS
TO STUDENTS
OF YOUR SCHOOL?
YES A¢rg NO
— eS
ees
1f ves. state the number of students DY race Who obtained
such ocholarship
assistance during the 1972-73 school year:
a) black students
. and Db) white students 15 suremok '73
HAS ANY TUITION DUE THE SCHOOL BEEN WAIVED?
Yes
If yes, then state the number of students, by race, granted
such waiver during the 1972-73 school year: a) /hite
. gtudents
10
. and Db) black students
———————
———
v3
ARE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF
ANY ATHLETIC TEAM (S) SPONSORED BY YOUR SCHOOL? y__No -.
Tf yes, state the number of such students for the 1972-73
school year
:
DOES THE SCHOOL HAVE A WRITTEN AFFIRMATIVE
POLICY OF ADMITTING
STUDENTS TRRESPECTIV
E OF RACE? Yes
1f yes, attach a copy of that policy and state the date of its
adoption BY the governing roard of the school. Atteohod
Has the school publicized
this policy in a manner that 1s
intended tO and has been reasonably effective in bringing
it to the attention of persons of student age (and thelr
families) who are of minority groups, including all none
whites? . Uso DT LT attach copies of all notices
in all evhpepers,
brochures,
catalogues
OIL printed
advertisement
s appearing OT prepared at the time the school
was first opened and during the past school year.
Has any member of the school's governing board, administrator
s
or faculty taken any action OY made any statement qualifying
-
or negating the school's stated policy of open admissions?
e
r
STATE THE NAMES AND ADDRESSES AND RACE OF THE SCHOOL'S:
a) IncorporatoXrs
:
Lare. ahs found 9 nita ho dd
-Fe
Pa a f
tLached
c) Board Members:
A Lia 3 h 2. d
17. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS
WHO (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL: Attached
18, STATE WHETHER ANY INDIVIDI/AL, CORPORATION OR ORGANIZATION
LISTED IN ANSWER TO 16 and 17 HAS ATTEMPTED TO INFLUENCE THE
SCHOOL TO MAINTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS.
If yes, state the name of such individual, corporation or
corporation. ;
15. STATE WHETHER ANY BOARD MEMBER, OFFICER OR ADMINISTRATOR OF
THE SCHOOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION ESPOUS-
ING OR ADVOCATING WHITE RACIAL SUPREMACY OR SUPERIORITY.
Mot to my bnowledae
If ves, list such individual:
oN a
TI hereby swear {ox affirm), under penalties of perjury, that
the foregoing information is true and accurate to the best of my
knowledge, information and belief. IT further understand that this
Sn ErLARYLE executed as a condition for supplying Mississippi
State-owned textbooks to the above named private school, and that
full and: accurate answers are required by order of the United
States District Court for the Northern District .of Mississippi
dated July 25, 1973,:in civil action No. WC 70-53-K, styled
Norwood, et al, v. Harrison, et al, on the docket of the court.
rv 5 Any : po
“This, _- 8th day of August ek al |
vA
(Yai:
: E :
oh Title: Principal
Sworn and subscribed to
before me, this <” das
indy ee Ye French Camp Apadomiy
/ JY (Name of School)
Yate, 47 [5A 0
Notary Public
fo
My Commission Expires:
4 7 ’ = ap
(Ale 2 1 / 27 i
7 2 ‘
© (SEAL)
MISSISSIPPT TEATROOK. PURGE IASING DOARD
CERTIFICATION AND BACKGRGCUND TNFORMAT ATION FORM
NAME OF PRIVATE SCHOOL: heist Enisoonn) DarSchool
ADDRESS (include county): 912 85, Lozch, Far St. Louis, ‘Hiss, Bancock Cog
/
NAME AND TITLE OF OFFICIAL
COMPLETING IrORM: Peter Psilonios, Princinal an SRL UO qq Lm med J
DATE PRIVATE SCHOOL OPENED FOR THE
FIRST TIME AND GRADES SERVED UPOXM
. Yr - - ~ yr om -
OPENING: cozred Feorvary, 1950, Rindorgarien only
[4
L-
WERE ADDED (if any): (n= £
v
> z
£ 057; 10%h, 11th, and 12th in 1503.
ENROLLMENT AND FACULTY BY RACE:
Upon Opening 17 3
a
February 1971 275 | 26
: r ‘0 nz
September 1971 259 zo
; . nel
September 1972 2 ~ Phebe
STATE WHETHER STU 5 PEN y
RELIGION BY SCHOOL RECORDS: I
5
i
f
3
.
1
the school in es a
a
enrolled
fe
de
thra
+ Iv x ry f faculty members, by religion,
io) rec] I he C 1 Cov Bam yo Sf
employed by the school in Septomder 18727
- nr - rv T ry re ~ Y ~ Pak deal oo “ot TvLr TTY —~ Ty TY Ty SAT
1S THE SCHOOL, PRESENTLY RECOGNIZED Ab Laaii fk I AL
— Wm J wey yu “rr TYL oN
INCOME PIAS: 20 x NO <
{ ’ i I a) es ey fe : — -~ r —
tate the date on which said exeaunpticon was approved s
r granted: 11/15/62
12.
iy (X
Y
15a.
16.
SC "8 TAIN EDUCA TIONAL GD
EST
OES THE
TABLISHED
BY THE STATE DEPARTMENT OF FDUCATION? Yes
ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR
SCHOOL? Tas. snail. ones
IF yes,
the 1972
and
~73 school
ARE
OF VvOUR SCHOOL?
IF yes,
such schola
a} black students
HAS ANY TUITICHN DUE
if yes, then state
-
. Has
intended to and has been reasona
it to the attention of persons oF
families) who are ©
Has any member of
such waiver during
students
state the number of s
bh) black students
SCHOLARSHIPS AWARDED BY PRIVATE
YES £ O
state the nunber of students
yship as
a ——————t— e
e ——
ch scholar
a) white
ships offered during
year tO: students 7
3
0
Ld
rare
INDIVIDUALS TO STUDENTS
MN Zz
by race Who obtained
the 1972-73 school year:
. and b)
sistance during
white students
THE SCHOOL BEEN WAIVED? no
+he number of students, by race, granted
the 1972-73 school yesx: a). vnite
: and b) black students
ARE ANY BL
ANY ATHLETIC
If yes,
ACK STUDENTS ENROLLED AT YOUR
TEAM (S) SPONSORED
state the number of
SCHOOL
BY YOUR SCHOOL?
MEMBERS OF
no
such students for the 1972-73
school year
DOES THE SCHOOL
If yes,
adoption by the
whites? _ 1°88 ; Les
in all newspapers,
advertisements
app
2
was
or faculty tak
or negating the school's stated
0
STATE THE NAMES AND ADDRESSES AND RACE
HAVE A WRITTEN
STUDENTS IRRESPECTIVE OF RACE?
attach a copy of T™h
the school publicized thi
a
first opened nd
5,
OLICY OF. ADMITTING
at po
governing board of the school. Sug. 25. 3773
s policy in 2a manner that 1s
bly effective in bringing
student age (and their
£ minority groups, including all non-
If.yes, attach copies of all notices
prochures, catalogues or printed
earing or prepare at the time the school
; during the past school year.
the school's governing board, administrators
en any action Or made any statement qualifying |
= policy of open admissions?
OF THE SCHOOL'S:
a) Incorporators:
ar i
.
.
CHS ho OAS 15COPAL
37-15 THE POLICY OF cCHST EPISCATAL
pAY STi 1 AND CO 5T ao
S ne )r bed
Apis - ar nits JY AL Ti Gh .
HIGH sCiooL 10 ADMIT THE STUD 51S OF ALY TE Slr
ert
i re o
NN oi,
Al OF oe 0 ! c
pRIMILEGEDS
PROGRANS,
AO ACTH : GE la ry AL 4 EE
hr
i i
;
oy ry 3. EE?
CPM
z
ranTnTS
AT: THE Sry: Th, AnD SY Anns 2d %
J i
AVAILABLE
T0 STYLuNi2
BF ASTRAY:
or cs pe ATIGNIAL
POLICIES,
APPLICA
RACE HB Oat S einen DF =
oN THE BASIS OF
T10Mn5 FOR ADMISSION,
EXTRA-CU R
RICULAR
p20GRATS,
SCHOLARSH
IP ol LOAN Fa ICRAMS
, AND ATHLETIC
AND
~
Ca —————
——
The Rev, C, RP ~O rior e
Al eV PL
Ld
Hiner S&S TAilg
7
CG 24 * I 3 H vy TS ~ ole lls ls rs 2OTZe nyrne, ¢ risilan, 1183. 550 11 |
. Tal a Pp yoo ~ or Mr. ¥. Ha. Trisbie, St. Lovis, hiss, 353520 :
= rile Ha de HJATRAEL, ULL DOYL, "8188, Sid :
N Tn 3 .- = 3 3 ai = w} Zl ia 7ilfoxrd BP, Iz2lls ve, Picayune, iiss. 39456
= Novy ARE —~ 2 1 oo We or ££) - - A —
RT SRY TIT [$2 OE) hid) Nad Gulelily Vii rm of §
fA ~ adn Ty = N Wr, Iso Senl, dv,.,-l Logis, M3ss, 39520
- > r 3 3 2 tr raha. Conome sa Christian, 1Has, 32573
tone BT: TD te . es rd 3 Mre WW. Zoderick Jom 20,1 Gulfport, Hiss, 3750] - > ’ 4 od
- -~ ! i Po had ~. . Ear, : - NE }¥+ Jd. Le Byrne, 12 heisbian, Yas, 257%
Leorge rorse,
ifport, liiss. 39501
32. STATE THE NAMES OF INDIVIDUALS,
WO (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO
CORPORATIONS OR ORGANIZATT ONS
Tag SCHOOL
The B. V. Richards Foundation, ew Orlezns, IA.
. kr, and lirs. Samuel Ieng, Mew Crleans, la, :
Salton —.
- gress 3
T
E
E
gy
18, ST DIAL, CORPORATION OR ORGANIZATION
LISTED IN ANSWER TO 16 nd 17 HAS ATTEMPTED TO IRTLUENCE ‘TIE
SCHOOL TO MAINTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS.
ike]
I1f ves, state the name
Corporation.
of such individual,
STATE WHETHER ANY BOARD
THE SCHOOL IS PRESENTLY
ING OR ADVOCATING WHITE
7 vy - Ane
avi]
19, MEMBER, OF
A MEMBER OF ANY
RACIAL SUPREMACY
OR ADMINISTRATOR OF
N ESPOUS-
os If ves, list such individual:
'
-
A »
oS —
|) .
nd
) TR
3 * 5 >
T hereby swear (or affirm), under penalties of perjury, that
the foregoing information is true and accurate to the best of my
knowledge, information and pelief, + I further understand that this
affidavit is executed as a condition for supplying Mississippi -
State-owned textbooks to the above named private school, and that
full and accurate answers are required by order of the United
States District Court for the Nortnern District of Mississippi
dated July 25, :1973, in civil action No. WC 70-53-K, styled
the court.
Norwood, et al, v. Harrison, et al, on the docket Oi
This, 9th day Ox Avena 187 3 ’
Sworn and subscribed to
- . 4 :
before me thls PE* day ida oa
Z2 : Christ Toiscopal Dar School Ing
ALIN AA 197-3, — SE
i: x ‘ - (Name of Sch 1001)
2 2 7 ‘7 =) 2 3 2 :
7 rapist Co AYE
Fotary Public
——
—"
y
—
—
—
- AUG gs
MISSISSIPPI TEXTBOOK PURCHASING BOARD a
& EER lle MISSISSIpR; iW : 4 .s = i wae . ol BIA 3 > .
CERTIFVICATION AND BACKGROUND INFORMATION FOE re ESTATE
~ATS00K Baar
3 NAME OF PRIVATE 5CH00Ln: Presbvterizn Dav School .
= o> oe tye wha ¥ .
oY
fo
d
0 <
C —
fu
{-
F
a
£3
0 b
-
ad
o
l
<3 8)
3 o>
QO
UH
v
a
r+
Z
L
LE OF QF rICEAL..
ORM: W. Wilson Benton, Jr., Mini
: rh er rr Tn
FI 3RADES "PRESENTLY SERVED BY SCHOOL: Kindargarten through eighth
§. DATE ADDITIONAL GRADES WERE ADDED (if any)
1970——fiftn; 1971—sixth; 1972——seventh; 1873——eighth.
Y» ENROLLMENT AND FACULTY BY RACE:
e
: oh Students : Staff
Vnite Black ¥nite Black
lie oC Upon Opening»1€88 25 To I pg Nee EB
-
I
A
N
D
R
T
H
D
R
A
H
T
CV
E
V
A
T
A
T
FR
RT
TA
RA
M
U
S
T
HA
N
WB
S
O
N
I
IT
T
IT
l
e
Ta
Al
on
S
C
R
SOW
IA
B
A
T
E
WR
ES
AL
PE
EL
TO
RE
I
Y
Wa
l
P
A
L
L
BI
TE
a
t
A
A
C
L
ETS
TI
A
RS
A
T
I
C
A
L
Y
YY
: Febxuary 1970 113 : 5
: ; i
FC K El
Septexber 1970 iS g x 7 :
: 5 . mere ro pre—— ee 3
’ PE : 2
Pebruary 1971 135 7 : SRC, ais t
’ 3
September 1971 180 an : .
id z t
September 1972 170 12 : E
RE EHD Sir p—— Ee — #1
. § : oS =. d
September 1973 j ; is far
(projected) : “3
Fo) ———— pre ~~ » —— -_— - — »
SA. STATE WHETHER STUDENTS ATTENDING SCEOQOL ARE IDENTIFIED BY
RELIGION BY SCHOOL, RECORDS: Yes
FR
FS
V
S
R
E
L
e
IL
RT
S
U
E
Bo
in
g
al
Supe
o’
Q =
Fn
Le ® wn
5 10}
rr fu
rk
0 ri
Yr
® a M =
=~
.
8) je 2 Nn
83)
cr 0 I (U
[a
r
rt
0 o’ < [ D 0 N O 8] be
is
ri Fi
e
9)
ri
RE
A oJ
[3
2
3
3
3
8
7
6
pon
pr
i
J
BY ond » 0 3 “y “t » he nite - > -» Po Fs »
nt. Xf yes, state the number of students, by religion, enrolled in x
> . a + y S t. % -R Ms gn i Ya an ; the school in September 1972: Bantist-80 , Yethodist- 22 ;
P o ee i J 2 A oh Ny > Hg +
resbyterian—-44 , Episcopalian-17 , Miscellaneous-4, Catholic-23 2
ha a ’ “y - s 1 fy - ’ 7 =~ . be ES —~ —~ £ — —-— pow N poy “ d,, If yeg, state the number oF faculty members, by religion, 3
we oa] yh ~ = Tad mr) oe Sa rs TA de en 3 ATI Se t enploved hy the school in September 1972: Bantiagt- 0. , Methodlst-4 |
i A eI up oy Dy : > >> RYT = ho
sy Prasbhyterian-5 , Nazarenz-] , Miscallaneous-
0) TO mitre Ce vm NT =}. NIT Ty Sul dd IY ACY TY, TIT TINT
he J ISTHE SCiOOL PRESENTLY RECOGKTIZED AS EXEMPT PROMAEEDERAL
>
TAY raNNTTY reve g y
ACO TANES? p 2D x Ft
If ycs, state the date on which said excmption was approved
or granted: This school is owned and onerated as an integral
Dart of First Prebvierian Church, Gievelsnd, Mis3i8s8ippi, Which
church is a membzr of the parent body, Presbyterian Church in
the United States and as such is believed to be automatically
exempt from federal income taxes.
N
R
T
R
I
N
R
A
Tg
S
N
p
T
N
I
P
N
e
o
SATE
T
A
TI
N
I
i
e
T
PYIIT RTT S788
ta uid yx, 3 /
NMDIVIDUALS WO STUDENTS 3]
+ ARE SCHOLARSHIPS AWARDED BY PRIVA
OF YOUR SCHOOL? YES : a
DOES THE cero OE EDUCATIONA ESTABLISHEI it
BY THE STATE DEPARTMENT OF EDUCATION tNPschool was accradited in i
March, 1970, and has had Class A accredl Marcn,1972. Eq
ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR 2
Ce . 3 : : 3,
scuocon? No, however, when spacial gifts designated for scholarship i
a Ri 3 -— hod ba | 3 v
purposes are received, such gltts are used IO0r that Durbose. 1;
- : . ; i
cs ves, state the number of such scholarships offered during FE
£-Y ’ J gr:
: .y ~ ie ”. . §?
the 1972-73 school year to: a) white students 1/2 scholarship i
- ii
and b) black students none n H
¥
if
I
'
.
L
A
F
2
G
Y
I
I
P
U
R
students by race who obtained If ve ate the number of
1 igtance during the 1372-73 school vear:
+ and b) white students
WAIVED? No ko *
13 HAS ANY TUITION DUE THE SCHOOL BEED
i
mbar of students, by race, granted
1972-73 school year: a) white
students + and b) black students
If ves, then state the
. ‘such waiver during the
G
A
R
D
E
R
5
FR
Ee
)
T
C
L
E
A
R
A
T
1
E
R
gl
14. ARE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF - +
\NY ATHLETIC TEAM(S) SPONSORED BY YOUR SCEOOL? {0 1
. If yes, state the number ‘of such students for the 1972-73 B)
school year : : 1
15a. DOES THE SCHOOL HAVE A WRITTEN AFF ATIVE POLICY OF ADMITTING A
. STUDENTS IRRESPECTIVE OF RACE? Yes : §
Z
‘ If yes, attach a copy of that policy and state the date ofits £
adoption by the governing board of the school, Approved by i
Session of the church held Fabruary 16, 1572.(See copy attached and g
| | : ey : .relatad data) 3
b. Has the school publicized this policy in a manner that 1s -
+ . intended to aid has been reasonably effective in bringing :
“4 +o the attention of perscns of student age {and their §
families) who are of minority groups, including all non- :
whites? No ; f yes, attach copies of all hotices i
in all newspapers, brochures, catalogues or printed :
advertisements appearing or prepared at the time the school 3
was first opened and during the past school year. p
¢. Has any member of the sch 1001's governing board, administrators
: r faculty taken any action or made any statement qualifying oir
or negating the school's stated policy of open admissions? | :
No . §
5
;
po 156, STATE THE NAMES AND ADDRESSES AND RACE OF THE SCHOOLS: j
a) . Incorporators: Presbvterian Dav School was established :
bv and is onerated as a part of First Presbyterian Church i
of Cleveland, Mississinpi, the establishing provisions i
being auoted as rolilows
]
There is herebv established bv the First Presbvterian Church }
of Cleveland, !{ississipni, acting bv and through ITs Session, :
as anproved bv the congregation of the said Church, the }
Presbvierian Lav school as an organization or tae rirsct 3
Presbvterian Church of Cleveland, Mississirpi. The purpose ;
oF This school is to provide superior education in grades :
from kindergarten through 8th grade, in a Christian f
atmosphere, as an integral part of the religious program : £
of the First Presbyterian Church of Cleveland, Mississippi. ;
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Primarv
School tETTy be vests
Church of Cleveland,
S1D1L1l1TV shall De exerc
these by-laws.
n of the First Presbvterian Church of shovelznds
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Mississi ustees who are as follows -
John Abide, Alvce VW. Richardson, William R. Reed, ‘Bill
Uliver, Fomer Sledge, Jr., S. R. Blakeman, or ANEL
Griffith, Dana Moore, Gene Stansel, Rebecca Smith,
. Billv Thompson and Clav Rayner. Attached are copies of
the by-laws of this school. = * :
STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS
a (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL:
bvterian Church, BYavatand. Mis
55 D
The school is an int
Ss
he housing of this school. egral
part of the Church and as such the school does not own
» - land or buildings.
ED IN
SCHOOL TO MAINTAIN RACIALLY SEGREGATED &
STATE WHETHER.ANY INDIVIDUAL, CCRPORATION
N ANSWER TO 16 and 17 HA
ER ANY BOARD MEMBER, OFFICER OR ADMINISTRATOR OF
QOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION ESPOUS-
R ADVOCATING WHITE RACIAL SUPREMACY OR SUPERIOR TY
If ves, list such individual:
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t+ hereby swear (ox a ££irm), under ped
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the foregoing information
1s ryue and accurate ro the best ©
leds information and belief. I furth
wecuted as a condition fox supplying Mississippl
grate-owned
rextbooks’ to the above named private school,
are required by order of the Unite
: .
" Tod il . . : ‘
tates pistrict court for the Nortnern pistrict of Misslssippl
dated July 25, 1973, in civil action No. WC 70-53~K, styled
Norwood, et Bl, Vs» Harrison, et al, on the docket of the couxt.
rr - y ~~
3
mis, _z EY as of August
is i RTT 3 .
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7” - 1 LSCA ri: Nerv Gra Z /1 ri
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.pitle: Minister, First Presbyterian Church
sworn and subscribed
"o
and Moderator of the Session
NT
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:
gl ne i c Sy ; Presbyterian Day School
of. Av agUs
1975 = Ce ———————
A
wm—
fry vs Nh
(Name of school)
My Commls sion
rE fo Eh
ek —————
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(SEAL)
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AFFIRMATIVE POLICY OF ADMITTING STUDENTS
| <“TRRESPECTIVE OF PACE
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ARTICLE IIT, SECTION VII of the By-Laws are as
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"SECTION VII. ADMISSIONS COMMITTEE. This Committee
shall process all applications for admission to the
Presbyterian Dav School in accordance with admissions
policies which shall be adopted bv the Board of Trustees,
with the approval of the Session. The Session shall ]
have sole authoritv to deny admission to the Presbyterian |
‘- ." Day School of any child of a member of the First rg :
terian Church of Cleveland, Mississippi « The policies
of The Py esbyterian Church. U.S. dn matter of races : ;
shall be the policies of the Presbyteri an Day School. :
This Committee shall maintain in the custody of the ;
clerk of the Session at all times a chronological :
list of the names of all applicants for admission to
the Presbyterian Day School by grades.”
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The official policy of the Presbyterian Church, U.S., in matters
of race affi rmatively provides for the admission of all persons -
to full participation in the Church and its functions, irrespective
“OF vace.
Additionally, the affirmative written policy of the Fars
Presbyterian Chuzch of Clevsland, Mississippi, In addition to
the above policies, is to admit all persons to.the functions of
id Church irrespective of race. Ch [||bc54bed3-07ae-462c-9d46-7d2feb276fea||]