Haney v. Sevier County Board of Education Brief for Appellants

    IN THE

t ”
«

•
UNITED STATES COURT OF APPEALS 

FOR THE EIGHTH CIRCUIT 

NO. 19,899

LELA MAE HANEY, et al..

vs.

Appellants,

COUNTY BOARD OF EDUCATION 
OF SEVIER COUNTY, et al..

Appellees.

Appeal from the United States District Court 
for the western District of Arkansas 

Texarkaus. Division

BRIEF FOR APPELLANTS

JOHN W. WALKER 
PHILIP E. KAPLAN 
JOHN T. LAVEY
WALKER, ROTENBERRY, KAPLAN, 
LAVEY & HOLLINGSWORTH 
1820 West Thirteenth Street 
Little Rock, Arkansas 7220*

JACK GREENBERG 
NORMAN J. CHACHKIN 

10 Columbus Circle 
New York, New York 10019

Attorneys for Appellants

ft



TABLE OF CONTENTS
Page

Table of C a s e s .....................................  i

preliminary Statement ...............................  1

Issue presented for R e v i e w ........................  1

Statement .........................................

Argument
The District Court's order Embodies A 
Plan Which Discriminates Against Negroes 
And Which penalizes Them For The Exercise 
Of Their Constitutional Rights .............  6

C o n c l u s i o n ....................................... 13

TABLE OF CASES

Brice v. Landis, Civ. No. 51805 (N.D. Cal.,
August 8, 1969) ............................  9-11

Felder v. Harnett County Bd. of Educ., 409 F.2d
1070 (4th Cir. 1 9 6 9 ) ........................ 11

Haney v. County Bd. of Educ. of Sevier County,
410 F .2d 920 (8th Cir. 1 9 6 9 ) ...............  1,2,3,

Louisiana v. United States, 380 U.S. 145 (1965) . 8

Smith v. Board of Educ. of Morrilton, 365
F.2d 770 (8th Cir. 1 9 6 6 ) ...................  11



IN THE

UNITED STATES COURT OF APPEALS 

FOR THE EIGHTH CIRCUIT 

NO. 19,899

LELA MAE HANEY, et al.,
Appellants,

vs.

COUNTY BOARD OF EDUCATION 
OF SEVIER COUNTY, et al.,

Appellees.

Appeal from the united States District Court 
for the Western District of Arkansas 

Texarkana Division

BRIEF FOR APPELLANTS

preliminary Statement

This is an appeal from the unreported decision of 

the united States District Court for the Western District of 

Arkansas, Hon. Paul X. Williams, United States District Judge, 

entered August 7, 1969.

Issue presented for Review 

Whether the district court properly complied with

this Court's mandate in Haney v. County Bd. of Educ. of Sevier



County. 410 F.2d 920 (8th Cir. 1969) "to effectuate a completely 

nonracial school system in Sevier County for the school term 

1969-70" when it ordered the previously all-Negro Sevier County 

district obliterated, its school facilities closed, two of its 

school board members displaced and only five of its teachers 

given teaching positions while retaining the previously all- 

white Lockesburg district, utilizing all its schools, all its 

teachers and continuing all its board members in office.

Statement

This is an appeal from the action of the United

States District Court for the western District of Arkansas, on

remand from this Court, Haney v. County Board of Educ. of Sevier

County, 410 F„2d 920 (8th Cir. 1969). This action was commenced

October 2, 1967 by the filing of a Complaint which alleged,

inter alia, that "[t]he boundaries of the defendant school

districts were intentionally drawn to create small, uniracial,

adjacent districts for the purpose of maintaining, and have the

effect of maintaining, racially segregated public education in

Sevier County" (A. 7a-8a)r  On May 9, 1969, this Court

reversed the district court's dismissal of the action:

We find as a matter of law that the school 
district lines of Sevier County were created 
to reflect racial separation by schools.

1/ citations to the Appendix on the prior appeal, 8th Cir. No.
—  19,404, are identified by their pagination with subscript
"a", e.c;_., A. 7a. The Appendix in No. 19,899 is cited by roman 
numeral only, e,g., A. 7.

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The 1954-55 transfer of the Negro properties 
from the all-white Lockesburg School District 
to the non-contiguous district of Sevier 
County No. 1 cannot withstand the charge of 
segregation levelled here. Based upon the 
finding that these school districts were 
originally segregated under color of existing 
state law, the defendants here are charged 
with the affirmative duty fully and effectively 
to integrate their schools, faculties and 
transportation facilities. [410 F.2d at 926]

The case was remanded to the district court "with directions 

that the County Board of Education of Sevier County present a 

workable plan to effectuate a completely non-racial school sys­

tem in Sevier County for the school term of 1969-70" (id. at 

926-27).

By order dated June 24, 1969 (A. 5-7), the district 

court required that the County Board of Education of Sevier 

County present such a plan to it by July 15, 1969. On July

14, 1969, a "Response to Order" (A. 8-10) was filed, apparently
2/

on behalf of the County Board of Education. The "Response" 

contained a skeletal desegregation plan, the prominent features 

of which were as follows:

1. The former Lockesburg No. 16 and Sevier 
County No. 1 districts would be combined 
to form a new entity known as Lockesburg 
School District No. 2 (22 1,2);

2. An election would be held to select 
members of a new five-man school board 
of the new district (22 3,4);

3. All teaching contracts of the former 
districts would be "honor[ed]" (2 6);

2/ Although the "Response" recites in its initial paragraph that 
"the Sevier County School District [emphasis ours] presents a 

plan to effectuate a completely nonracial school system for the 
school term 1969-70," the pleading is signed by Mr. Hainen as 
"Attorney for Sevier County School Board."

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4. Any or all of the present facilities might 
be used by the new board at its discretion, 
and the board might also provide for 
transfers (2 9).

The district court scheduled a hearing on the plan
3/

for July 24, 1969 (see Appendix A hereto, p.I4 infra) . On 

that date plaintiffs submitted a proposed order embodying an 

alternative to the plan submitted by the County Board (Appendix 

B hereto, pp. 15-16 infra)"^ and the Lockesburg district also
5/

submitted a plan (Appendix C hereto, pp. 17-20 infra).—  The

district court entered an order scheduling a further hearing

for August 7, 1969 (A. 11). Prior to that hearing, the district

court circulated a draft decree to the parties (see Appendix D
6/hereto, pp. 21“22 infra).

On August 7, the district court again distributed

its draft order (A. 23), upon which it then invited comment (A.

27). The order practically duplicated the proposal of the all-

white Lockesburg School 3oard, which the expressly refused to
7/

make a part of the record in this case (A. 28).

3/ The official file of the district court, from which the Ap­
pendix in this matter was prepared, contains no reference to 

the July 24 hearing —  not even copies of the court's letters to 
counsel setting the date for the hearing. Appellants' counsel 
have managed to piece together the entire sequence of events 
with supporting papers only as this Brief was being prepared. 
Rather than seeking an extension of time for filing of the Brief, 
appellants will proceed expeditiously in the district court to 
supplement the record with the material contained in the lettered 
Appendices herein.
4/ The plan submitted by plaintiffs was handed to the court ore 

tenus on July 24 with the expectation that it would become a 
part of the record.

5/ See n. 4 supra.

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6/ Appellants have no explanation for the district court's 
failure to make these documents part of either the record 

or its official file, or to reflect its communication with 
counsel in either its file or the docket entries.

7/ The following table illustrates the major differences 
between the County Board plan, the Lockesburg district's 

plan, the plaintiffs' suggested decree and the final order 
entered by the district court August 7, 1969:

County
Board Lockesburg Plaintiffs Court Order

Method of 
Merger

Consol­
idation

Annexation Consoli­
dation

Annexation

Status of Both Only the Both Only the
former
school
districts

abolished Negro
district
abolished

abolished Negro
district
abolished

School
board
members

New
election 
to be held

All members 
continue to 
sit until 
expiration 
of their 
terms

All whites 
retain their 
seats but 
two Negro 
board mem­
bers lose 
their seats

Schools Discretion- ■ Only pairing - Only white
operated ary with 

board
white
schools

grades 1-6 
at Negro 
school and 
7-12 at 
white school

schools but 
grades 7-9 
at Negro 
school if 
necessary

Teachers "all con­
tracts 
honor [ed] "

pay all 
teachers 
but only 
five Negro 
teachers 
to be assign 
ed instruc­
tional 
positions

all con­
tracts 
honored and 
assignments 
to be made 
- without 
regard to 
race

pay all 
teachers 
but only 
five Negro 
teachers 
to be as­
signed in­
structional 
positions

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The final order of the district court (A. 38-39) 

called for: (1)dissolution of only the Negro district while

the white district remained extant as an entity; (2) Continuance 

in office of all white school board members but only three 

Negro board members; (3) all classes to be held on the Lockes- 

burg campus, except grades 7, 8, and 9 at the Sevier County 

district school during 1969-70 if necessary; (4) use of all 

white teachers but only five of the Negro teachers in instruc­

tional positions. The order contained no details concerning 

scheduling, bus routes, extracurricular activities, etc.; nor 

did the district court expressly retain jurisdiction.

Notice of Appeal (A. 40) was filed August 9, 1969.

ARGUMENT

The District Court's Order Em­
bodies A Plan Which Discriminates 
Against Negroes and Which 
penalizes Them for the Exercise 
Of Their Constitutional Rights

This appeal tests the fairness and adequacy of the 

district court's compliance with the mandate of this Court to 

"effectuate a plan so that the schools in Sevier County shall 

operate on a 'racially nondiscriminatory' and fully integrated 

basis of faculty and students for the school year 1969-70." 

Haney, supra, 410 F.2d at 922.

This Court said on the prior appeal of this matter:
V

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We find as a matter of law that the 
school district lines of Sevier County 
were created to reflect racial separ­
ation by schools. . . . Based upon the 
finding that these school districts 
were originally segregated under color 
of existing state law, the defendants 
here are charged with the affirmative 
duty fully and effectively to inte­
grate their schools, faculties and 
transportation facilities.

Haney,- supra, 410 F.2d at 926 (emphasis supplied). Appellants 

therefore argued before the district court (A. 14-16, 28-29) 

that Lockesburg School District No. 16 and Sevier County School 

District No. 1 should be consolidated to form a new entity 

devoid of racial qualification. Instead, the district court 

entered an order which abolishes only the Negro school district 

while retaining the white one; which continues all white school 

board members in office but only three Negro board members in 

office; which closes only the Negro school but not the white 

school; and which affords all white faculty members but only 

five Negro faculty members teaching positions.

The district court sought to justify this facially 

discriminatory order by adopting the procedure contained in a 

recently enacted Arkansas statute (Appendix E hereto, pp.23“

37 infra) providing for annexation of districts with less-than- 

"A"-rated schools. " . . .  [T]he Court feels it is still the 

Court's duty to as nearly as is practicable follow the 

language of the State Statute in effecting a joinder, if you 

want to call it that, or an annexation" (A. 18). This but 

repeats the district court's error in the prior proceedings

- 7 -



of assuming that it is bound by Arkansas law. See Haney, supra, 

410 F.2d at 925-26. The remedial power of the federal courts 

under the Fourteenth Amendment is not so limited. Louisiana v. 

United States, 380 U.S. 145, 154 (1965).

There is little justification for application of the 

recent Arkansas Act. First of all, the clear purpose of the 

1979 deadline for annexation of districts with less-than-"AM- 

rated schools is to permit such districts which existed as of 

the passage of the Act to improve their school ratings and so 

retain their existence. See §8, p. 35 infra; §12, p. 36 infra. 

Second, the fact that the Sevier County district's high school 

had less than an "A" rating was due in no small measure to the 

inefficient segregated character of the districts.

Most important, adherence to the formula of the State 

Act results in a loss of political power by the Negro community 

occasioned by the desegregation process. Instead of holding a 

new election for a completely new school board of a new district, 

the court abolished only the Negro district and arbitrarily 

added only three of its board members to the enlarged board of 

the white district. The fact that, had elections been held, 

no Negroes might have been elected to a new board does not 

negate the fact that the district court's order puts the burden 

of required integration only upon the Negro community.

The racially discriminatory features of the district 

court's order are sharply underscored by its striking resem­

- 8 -



blance, not to the plan filed by the County Board (A. 8-10) 

pursuant to court order, but to a plan proposed by the all-white 

Lockesburg School District which the district court refused 

even to allow be made a part of the record. This plan can only 

be described as racist in design, intent and effect.

It abolishes the Negro district while retaining the 

white. It drops two Negro school board members because of their 

race. It closes only the Negro school although Lockesburg said 

in April, 1968 that "[a]t the present time Lockesburg District 

No. 16 is using all available class room space and any addi­

tional classes would require a bond issue . . ."(A. 51a); it 

puts all the white teachers but only five of the Negro teachers 

back in the classrooms. In these circumstances, there can be 

little doubt that the Lockesburg schools will remain racially 

identifiable and that Negro schoolchildren must bear the burden 

of integration. The situation is not unlike that described in 

Brice v. Landis, Civ. No. 51805 (N.D. Cal., August 8, 1969), 

slip opinion at pp. 6-8:

It is true that in the pending case the 
plan above described purports to bring 
about, after a fashion and in one sense, 
desegregation of the defendant District's 
schools. The question remains, however, 
whether the plan is actually a good faith, 
reasonably adequate plan, under the 
circumstances here presented, to imple­
ment these constitutional principles.

Certainly, if the means selected by the 
District to accomplish its purported 
purpose, themselves involve substantial 
elements of racial discrimination, its 
entire plan becomes suspect concerning 
whether it is really a good faith, 
reasonably adequate implementation of these 
principles.

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It is true that the bussing of negro 
children to achieve integration, when 
the circumstances so require, is not 
in itself discrimination. As a practical 
matter some transfer by bussing of negro 
children will obviously be involved in 
most integration plans. There may be 
practical situations in which minority 
groups could not reasonably complain 
that an equal or fairly comparable 
number of white children were not 
also being transferred by bussing, e.g., 
when the predominantly negro school is 
dilapidated or a fire hazard or otherwise 
physically unsuitable as to require 
closing.

Where, however, the closing of an 
apparently suitable negro school and 
transfer of its pupils back and forth 
to white schools without similar 
arrangements for white pupils, is not 
absolutely or reasonably necessary under 
the particular circumstances, consideration 
must be given to the fairly obvious fact 
that such a plan places the burden of 
desegregation entirely upon one racial 
group.

The minority children are placed in the 
position of what may be described as 
second-class pupils. White pupils, 
realizing that they are permitted to 
attend their own neighborhood schools 
as usual, may come to regard themselves 
as "natives" and to resent the negro 
children bussed into the white schools 
every school day as intruding "foreigners." 
It is in this respect that such a plan, 
when not reasonably required under the 
circumstances, becomes substantially 
discriminating in itself. This undesir­
able result will not be nearly so likely 
if the white children themselves realize 
that some of their number are also 
required to play the same role at negro 
neighborhood schools.

Defendant District's claim that this 
particular plan is reasonably necessary

- 1 0 -



because operation of the King School is 
operationally "uneconomical" in the 
respects above referred to, is inherently 
weak, poorly supported, unconvincing and 
indeed, hardly plausible.

In view of the other apparent options, 
alternatives and courses of action 
available to the District, plaintiffs' 
contentions that the present plan, involving 
the closing of the school and one-way 
bussing of its negro student body, is not 
a good faith, reasonably adequate imple­
mentation of the constitutional principles 
involved, is much more convincing at this 
stage of the proceedings.

See also, Felder v. Hernett County Bd. of Educ., 409 F.2d 1070, 

1075 (4th Cir. 1969): ". . . That plan . . . was patently not

in compliance with the court's order. . . .  There was no explan­

ation offered as to how the School Board determined upon 

particular schools for extinction, nor did the closing plan 

disclose criteria for assignment of the students of the closed 

schools except for a cryptic reference to bus routes."

That portion of the order v/hich calls for paying the 

contract salaries of all teachers but using only five of the 

Negro teachers in instructional positions is directly contrary 

to Smith v. Board of Educ. of Morrilton, 365 F.2d 770 (8th Cir. 

1966). The Lockesburg School District defended this part of its 

plan on the grounds that no teachers were actually being termin­

ated until next year (A. 34-35). But not only does the lack of 

a teaching assignment this year make it difficult to evaluate 

all teachers objectively for faculty reduction next year. The 

right of teachers to be free from racial discrimination, and the 

right of pupils to be educated in a unitary nonracial school

- 1 1 -



system, extends not merely to hiring and firing of teachers 

but to assignment of teachers, as this Court has repeatedly 

emphasized. It is as important for teachers to teach as it is 

to be paid, and they may not be denied the opportunity by a 

school district —  or a district court —  because of racial 

discrimination.

Pairing of school facilities, with all teachers

participating in the learning process, is obviously the ideal

educational and constitutional solution in this case. Such a

course would permit the most extensive reduction of class size

and would afford the district a working record upon which to

judge the qualifications of all teachers when faculty reductions

are considered next year. Such a course would make efficient
. 8/ ,use of the facilities presently existing in the distnctT The 

district court should also have required specific plans for 

the transportation system, extracurricular activities, etc..

The district court should have retained jurisdiction and estab­

lished reporting provisions by the new school district.

In closing, we recall that the Negro Sevier County 

school district opposed integration in prior proceedings in this 

case out of fear that it would lose its school and community 

center (A. 118a). That fear has been borne out by the course 

of proceedings. We urge this Court to reject the notion that 

Negroes must pay for their exercise of the right to an inte­

grated education with the loss of political or other power.

- 1 2 -



CONCLUSION

WHEREFORE, for all the reasons above stated, appel­

lants respectfully pray that this Court reverse the order of 

the district court, with instructions to:
(1) require implementation of the plan suggested 

by plaintiffs below, to include pairing of Lockesburg and 

Sevier County schools, retention of all faculty members in 

teaching positions, retention of all members of both school 

boards or_ requiring a new election be held, and consolidation 

of the districts into a new entity with a new name;

(2) require submission of a detailed plan by the 

County Board of Education or the new board of the newly created 

school district which will insure nonaiscriminatory operation 

of the transportation system, and of extracurricular activities, 

etc.;
(3) retain jurisdiction of this matter and require 

periodic reports from the newly created district on the status 

of pupil and faculty desegregation.

Respectfully submitted,

JOHN W. WALKER
PHILIP E. KAPLAN
JOHN T. LAVEY
WALKER, ROTENBERRY, KAPLAN, 
LAVEY & HOLLINGSWORTH 
1820 West Thirteenth St. 
Little Rock, Arka. 72202

JACK GREENBERG
NORMAN J. CHACHKIN 

10 Columbus Circle 
New York, New York 10019

Attorneys for Appellants
- 13-



APPENDICES



Ott'JXJ ' AiiOJ I 
O ti3X j APPENDIX A

PAUL X WILLIAMS
JUDGE

U n i t e d  S t a t e s  d i s t r i c t  C o u r t
W estern  D istr ic t  o f  Ark an sas  

Po s t  o f f ic e  B o x  10 2 3  

FORT SMITH, ARKANSAS 72 8 0 1

July 14, 1969

Mr. Norman Chachkin, Atty., 
New York, N.Y.
Suite 2030
10 Columbus Circle 10019
Mr. John Hainen, Atty,.
De Queen, Arkansas

Mr. Boyd Tackett, Atty., 
Texarkana, Arkansas

Gentlemen re : Haney v. County Board
Texarkana Civil No. 1050

The County Board od Education of Sevier county has 
filed a proposed plan for the operation of the 
public schools in the Locksburg and Sevier county 
School District No. 1 territory.
The Court will be in Texarkana July 24th to hear 
some cases pendingnand will at that time take up 
the matter of the proposed plan to determine if 
it complies with the mandate of the circuit court 
and )> the order of this court made purHHant to the 
mandate. Each of you is hereby notified of the 
hearing and invited to attend.

/

Paul X Williams.

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF ARKANSAS 

TEXARKANA DIVISION

LELA MAE HANEY, at a l . ,

Vs.

P la in tiffs ,

COUNTY BOARD OF EDUCATION OF 
SEVIER COUNTY, a t a l . ,

CIVIL ACTION 

No. 1050

D sfandants.

O R D E R

On t h i s ______ day of Ju ly , 1969, is  p re se n te d  to  tha C ourt a  p lan  p ro -

posad  by dafandants h a ra in  fo r  tha  fu tu ra  o p ara tion  of tha  schools in  Savior 

County School D is tr ic t No. 1 and L ockasburg  School D is tr ic t  No. 16.

A h aa rin g  was hald  on th is  m a tta r  in  T exarkana, A rk an sas , on Ju ly  24, 

1969. Tha C ourt, baing adv isad  in  tha p ra m is a s , ORDERS

1. A now gaographic school d is tr ic t  w ill ba draw n w hich w ill include 

a ll of tha  fo rm e r L ockasburg  School D is tr ic t No. 16 and tha  fo rm e r  Savior 

County School D is tr ic t No. 1. Tha nam e o f tha new school d is t r ic t  sh a ll ba 

d e te rm in ed  by tha B oard  of D ire c to rs .

2. Tha p re se n tly  constitu ted  B oards of D ire c to rs  in S av io r County 

School D is tr ic t  No. 1 and L ockasburg  School D is tr ic t No. 16 sh a ll continue 

to  se rv o  a s  D ire c to rs  of tha  newly conso lida ted  school d is t r ic t .  They sh a ll 

continue to  s e rv e  un til such tim e  a s  th e ir  te rm s  would n a tu ra lly  ex p ire  had 

they  continued to  se rv e  in  tha  fo rm e r  d is tr ic t .  Such sitting  of a  conso lida ted  

school board  sh a ll continue un til only five D ire c to rs  re m a in  fa r  s e rv ic e  fo r 

the  now conso lida ted  school b o ard . At such  tim e , a  now e lec tio n  sh a ll ba 

hald  in  acco rd an ce  w ith the  law s of tha S tate of A rk an sas .

3. A ll c o n tra c ts  fo r  te a c h e rs , a d m in is tra tiv e  p e rso n n e l, and non- 

teach ing  p erso n n e l, e n te re d  into betw een the  Individual school d is t r ic ts  and 

te a c h e rs , a d m in is tra to rs , and non-teach ing  p e rso n n e l p r io r  to  th is  co n so li­

dation  of d is tr ic ts  sh a ll be honored by the conso lidated  d is t r ic t .

- 15 -



6. The conso lidated  d is tr ic t  ik s l l  o p s n t s  th s  fa c ilitie s  fo rm e rly  

op«**ted by the  S ev ie r County School D is tr ic t  a s  an  e lem en ta ry  school. The 

fac ility  fo rm e rly  o p e ra ted  by the  L eckeaburg  School D is tr ic t No. 16 sh a ll be

o p era ted  a s  a  secondary  school. Both schoo ls sh a ll be o p e ra ted  on a  complel 

ly n o n rac ia l b a s is  w ith com plete  in teg ra tio n  of the  student body in  sch o las tic  

and e x t ra - c u r r ic u la r  a c tiv it ie s .

5. T e a c h e rs  sha ll be a ss ig n ed  to  teach ing  positions in  acco rd an ce  

w ith the  sam e g rad es  and sub jec ts  w hich they  fo rm e rly  taught in  the fa c ilit ie i 

o p e ra ted  by the se p a ra te  school d is tr ic ts .  A ll a ss ig n m en ts  sha ll be m ade 

w ithout re g a rd  to  ra c e . A ll fu tu re  a ss ig n m en ts  and p rom otions sh a ll be m adu 

w ithout re g a rd  to  ra c e .

6. Bus lin e s  sh a ll be o p e ra ted  on a  n o n rac ia l b a s is  w ith  no duplicatiox 

of ro u te s .

7. T he p re se n t tax  ra te s  fo r p ro p e rty  which apply to  the  individual 

school d is tr ic ts  sh a ll re m a in  in  effect and a t the p re se n t r a te  in  th e  c o n so li­

da ted  d is tr ic t  un til a l l  bond indeb tedness is  paid out. A ll in c re a s e s  in  tax  

ra te s  m u st be un ifo rm  throughout the d is tr ic t .

ENTERED t h i s ____ day o f _________________ . 1969.

PAUL X. WILLIAMS
UNITED STATES DISTRICT COURT JUDGE

-2-

- 16-



)

APPENDIX C

PLAN OF LOCKESBURG XHOOL BOARD FOR ACCEPTING SEVIER 
COUNTY DISTRICT NO. I AND OPERATING AS A ONE UNIT, 
NON SEGREGATED SYSTEM

PHYCICAL PLANT

Lockesburg School District No. 16 has a total of seven 
class rooms for high school use with a study hall library 
combination, size 26’X 64'. Each class room is 26' X 32'.
In addition to the seven there are two class rooms 24’X 231 
available in the gym if they are needed.

The Elementary School has a total of eleven class rooms, 
size 30'X 32*. Four of these rooms have been out of use 
for several years. These have been remodeled in the last 
five weeks, oaneled and completely redecorated for class 
room use.

The school has an auditorium, gym combination size 90’X135’ 
with a seating capacity of 700. This could be increased to 
1000 with the use of the bleachers.

The cafeteria is 90’ X 28’ and will operate two shifts to 
feed both grade school and high school students.

There is a school wood work shop, size 50’ X 30’.

All teachers and students will be housed on the Lockesburg 
High School campus. There will be one lunch room in opera­
tion.

None of the ohysical plant of Sevier District No. 1 will 
be used at the present time.

- 17-



)

TRANSFERS

The Lockesburg School District 16 has a policy of not 
accepting or giving transfers to students to attend 
school in other districts. Therefore the district will 
not accept students now attending Sevier No. 1 that live 
in Ashdown District or any other district and be a party 
to aiding that district to dodge its integration respon­
sibility.

CLASSES

/II grade school classes with 40 or more students will be 
divided and s colored teacher will be placed in each of the 
divided classes. In each division the students will draw for the 
section of the class to which they will he placed. This will 
give an equal division of both colored and white students in 
eech section. If there are six colored students and forty stu­
dents! white) in one class after the division there will be 
three colored and twenty whites in each section.

CONTRACTS

All contracts for both districts that were issued before 
July 1, 1969 ( the starting of the physical school year) will 
be honored if teachers hold a valid certificate.

At the present time Lockesburg School Board cannot use more 
than five of the Sevier County District No.l teachers. This 
number includes a principal. The balance of the teachers 
will receive their monthly payments until contracts are met. 
The Lockesburg School District reserves the right to call 
any of the teachers under contract, but not being used, into 
service if they are needed later.

- 18-



EMPLOYEES OTHER THAN TEACHERS

School emoloyees other than teachers will be offered 
employment on the Lockesburg 16 camnus and they must 
fulfill their obligations on Lockesburg camnus to 
continue emnloyment.

SCHOOL BUS"2 ~

All school bus drivers will be used.

'.'.'here busses over-lap on the same route and busses are 
not loaded to capacity students will be nicked up by one 
bus regardless of race.

- 19-



STUDENT DIVISION

Below is the tentative enrollment for the entire school 
so far as we can judge at this time.

Grade

1st.
On' ]

3rd. 

4th.

5 th.

6 th. 

7th.

-Lockesburg 16

25

8th. ----

9th. ----

10th. ----

11th. ----

12th. ----

H.3. TOTAL

31

23

41

29

30

GRADE TOTAL 212

23
27

23

23

22

>evier 1----- Total

5

4

8
11

8
46

4

8
9

6
8

28

33

33

45

36

40

33

253
27

45

32

29

30

123 35 163

School Total 340 81 421

- 2 0 -



PAUL X WILLIAMS
JUDGE

A.

U n i t e d  S t a t e s  D istrict C o u r t
W estern  D istr ic t  o r  A rkansas  

Po s t  O f f ic e  Dox 1 * 2 3  
FORT SMITH. ARKANSAS 72801

R ' t -
July 23, 1969

i\ C • ! • .V . j cii-

Gentlemens

R«: Lela Mae Haney, et al
v. Civil Action Mo. 1050 
County Board of Education of 
Sevier County, Arkansas, et al.

When discussing a possible solution of the above styled 
case a number of things were said, seme questions asked and 
some attempted answers given. In order that there be no I. 
misunderstanding of the Court's position I have reduced to 
writing under five headings the actions which would appear 
to satisfy the requisites of the Arkansas state law, which 
is usually referred to as Senate Bill No. 6, and which would 
meet the requirements of the mandate of the Eighth Circuit 
Court of Appeals, which is being implemented at this time.

Each of you will ^recall that the Court set the next 
hearing for August 7, 1969 at 9 a.m. at the Texarkana 
U. S. District Courtroom. It is my hope that the entire matter 
can be resolved by the consent and voluntary actions of the two school districts, v

Please give this matter your immediate attention.

Very truly yours,

<3 -C ,*<lPaul X Williams.

- 21-

i



Senate Bill No. 6 of 1969 Arkansas Legislature is authority 
for following: (Secs. 2, 12 & 13.)

1. Board of Directors of Sevier County District, which has 
a "C" rating, or in any event a rating of less than "A"
•hould pass, a resolution reciting the terms of the new Arkansas 
law,, that territory is contiguous and petition the county Board 
of Education of Sevier County, Arkansas to be annexed to the 
Lockesburg District.
Although not required and not binding on the County Board it 
is advisable that Sevier Board name three prospective board 
members and number them as 1, 2, 3 choice. (Sec. 12 of the Act.)

2. County Board of Miller County, Arkansas enter its order 
abolishing Sevier District and annexing the territory of 
Sevier to the Lockesburg District. (If possible, a geo­
graphical description of the annexed territory should be made 
a part of this order and the order properly certified and 
placed of record in the recorder's office as well as in the 
usual place of recording such action of the County Board in 
order that taxing authority can have the land descriptions
to work from.) The County Board should include in its order 
a provision for, from 1 to 3 (preferably 3), school directors 
from the annexed territory, naming the appointed directors and
providing that the Lockesburg Directors be increased-'to « » }
and providing that the appoThffed directors serve a term of -• :i . ̂
three years. (Secs. 2, 12, and 13 of the Act.)

1 ' i ' *3. Lockesburg Board adopt resolution accepting the action of 
the County Board, accepting the change in number of directors, 
naming the appointed directors as directors of Lockesburg along 
with the incumbent directors dnd fixing the term that such 
director (incumbent and appointed) shall serve; accept the 
annexed geographical territory as a part of the Lockesburg 
district; accept all debts and obligations of sevier; accept 
all teacher and administrative contracts as valid and binding 
on Lockesburg; accept the buildings, the supplies, buses, 
garage facilities, etc., (Secs. 2, 12 & 13 of the Act.)

4. The newly created Board enter at once on its duties and 
arrange to hold school under Arkansas law, arranging bus routes, 
classes and other activities of the integrated school on an 
integrated basis.

b. It classrooms are placed or. more than one site (campuo-  ̂ ____
the total grade shall be housed at the same site (campus).

- 22-



(AS ENGROSSED)

>.B. i/? BY: SENATOR BELL
SENATOR FORD

A BILL

FOR AN ACT TO BE ENTITLED: "AN ACT TO IMPROVE THE QUALITY
OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION, AND FOR 

' OTHER PURPOSES." /

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1. This act shall be known as "The Quality Education

Act of 1969."

„ SECTION 2. All public elementary and secondary schools with a 

state department of education rating of less than "A" shall be elimi­

nated not later than June 1, 1979, except as hereinafter provided, 
and districts operating one or more of such schools shall be dissolved 

and annexed to another district or districts which operate all schools 

therein with a minimum rating of "A" or above. The County Board of 

Education shall abolish said districts and shall annex the territory 

of such districts to the' receiving district or districts in a geograph­

ically .contiguous manner. The receiving district or districts shall 

. be designated by the County- Board of Education and said receiving
t ■district or districts are hereby mandated to accept such district or 

parts of districts.

J SECTION 3. In the event a County Board ofEducation fails or re­

fuses to comply with the mandates of this Act, the Commissioner of 

Education shall notify the Chancery Court having jurisdiction not later 

than June 10, 1979, and such Court shall, not' later than June 20th sib - 
sequent to the mandate, issue a Court Order or orders implementing the 

Intent of this Act. Any school district may effect consolidation or 

annexation under provisions of existing law provided said consolidation 

or annexation Is final prior co the effective date of the mandates of 

this act. • .

- 2 3 -



(AS ENGROSSED)

SECTION 4. Irrespective of other provisions in this Act there 

shall be at least one senior high school and one or more elementary 

schools maintained in each county of the State. In the event there is 

no district with a senior high school and/or elementary school with an 

"A" rating or higher in any county, the State Board of Education shall 

have authority to designate which school district shall be permitted 

to operate the senior high school and elementary schools in said county. 

Such designation by the State Board of Education shall be limited to 

not more than one in each county. In such cases the County Board shall, 

not later than June 1, 1980, dissolve and annex the remaining districts 

to the district designated by the State Board of Education to operate . 

the senior high school and elementary schools in the county.

SECTION 5. The State Board of Education shall have authority to 

designate, on an annual basis, any district, or school within a district, 

which in its judgment is so isolated as to make its consolidation, or 

operation if it is a school within a district, with another district, 

in keeping with this Act, impractical and unwise. If and when such a 

designation is made the county and local authorities shall be notified. 

Such notification shall be made at least six months prior to the be­

ginning of the new fiscal year. The State Board of Education may pro­

vide supplemental funds from the Minimum Foundation Program or com­

parable fund to such isolated districts or schools. Such funds as 

may be provided must be used for the purpose or purposes designated 

by the State Board of Education and funds therefor shall come from 
Minimum Foundation Programs Funds. No district or school designated 

as isolated shall receive additional funds sufficient to pay more than 

four additional teachers, using the local district salary schedule.

The purpose of these funds shall be to improve the quality of the 

education program in said districts, and the judgment of the State 

Board of Education shall be final. The Board may not, however,

- 2 -

- 24 -



• *

designate more than a total of seven isolated districts and/or 
schools in any one year. A district designated as isolated 
and later not so designated shall become subject to the provisions 
of this Act.

SECTION 6. For purposes of this Act the State Board of Educa­
tion in determining the rating of schools which must attain an "A" 
Classification, shall use the following standards and regulations:

'POLICIES AND REGULATIONS FOR ACCREDITING ARKANSAS ELEMENTARY
AND SECONDARY SCHOOLS 
DEFINITION OF TERMS

1. Policies. Policies are the guiding principles and. 
established practices to be followed by the State Department of 
Education in accrediting schools.

2. Regulations. Regulations are yardsticks which serve to 
inform schools as to the minimum requirements for accreditation. 
Regulations are quantitative or objective requirements below which

i a school may not fall without endangering its classification.I %
POLICIES FOR ACCREDITING ARKANSAS SCHOOLS
1. All schools are required to submit to the State Department 

of Education on or before November 1 an accurate and complete annual 
report based on the current year, including both elementary and 
secondary schools. Late, inaccurate, or incomplete reporting shall 
be cause for advising, warning, or dropping the school from the 
accredited list. It is strongly recommended that the annual report 
be typed.

' 2. Schools are accredited annually, and the classification of 
"A", "B", or "C", is for the current school year.

3. For a school to be accredited there must be evidence that it 
will continue for a reasonable period of time.

4. To be eligible for promotion to a higher classification, 
a school must give evidence of ability to retain the higher class-

-3-

(AS ENGROSSED)

- 25 -



(AS ENGROSSED).

ification during Che next school year.
5. No school is accredited for the first time, promoted, or 

demoted without an official visit.
6. Only in exceptional cases may the first classification 

assigned to a school be higher than Class C.
7. In order to be eligible for promotion to Class A, a school 

must have been rated as Class B for at least one year. (Exception: 
Policy 6)
, 8. Schools violating any of the regulations or-c-riteria are

advised, warned, demoted, or dropped from the list of accredited 
sctvools, depending upon the seriousness of the violation.,

9. Frequent and persistent violations of accreditation stan­
dards will result in the school's being warned, demoted, or dropped
from the list of accredited schools.

10. Regulations for the approval of secondary schools apply 
to grades 7-12 in 6-6 systems, to grades 9-12 in 8-4 systems, and 
to all regularly organized junior high schools. Regulations for 
elementary schools apply to grades 1-6 in 6-6, 6-3-3, and 6-2-4 
systems, and to grades 1-8 in 8-4 systems. If grades 7 and 8 are 
organized and designated as a junior, high school, the.secondary 
Regulations apply.

11. Summer session of split-term schools must be organized and
operated under the same Policies and Requlations as the regular 
term. *

12. Reasonable deviation from Policies and Regulations 
may be approved for the current school year when recommended 
by the supervisor.

13. Teachers and administrators employed prior to July 
1, 1965, who were qualified under 1960 Policies and Regulations, 
but who are not qualified under 1965 Policies and Regulations, 
may continue in the same position in the same school without 
penalty. If an in-service teacher or administrator changes 
position or school he is subject to the new Regulations,

14. Teachers and administrators 57 years of age as of 
July 1, 1965, but who are not qualified under 1965 Policies and 
Regulations, may continue in service without penalty, orovided 
they have a minimum of 10 years of Arkansas service and were 
qualified without penalty under 1960 Policies and Regulations.

REGULATIONS FOR ACCREDITING SECONDARY SCHOOLS

- 26 -



(As Engrossed)

Schools offering instruction in grades 7-12, or any combina­
tion of these grades, shall be designated as secondary schools, except 
where grades 7 and 8 are organized as a functional part of the 
elementary school.
REGULATION 1. Program of Studies.

In order to provide an opportunity for each student to have 
experience in several fields, a minimum program shall offer:

Class A--24 units. (It is recommended that all Class A schools 
provide instruction in fine arts and foreign languages ‘and the services 
of a certified guidance counselor)

Class B— 20 units 
Class C--16 units
The distribution of units shall include:
4 units of English 
3 units of Mathematics 
, 3 units of Social Studies
2 units of science
3 units of Practical Arts (such as Business Education, Home 

Economics, Vocational Agriculture, and Industrial Arts)
1 unit of Health and Physical Education 
A two-year alternation of subjects may be approved.

REGULATION 2. Classification of Elementary and Junict_High Schools 
The high school may not receive a higher rating than that of the 

elementary add junior high schools in the same attendance area. Ex­
ceptions may be made in cases of isolated elementary schools.
REGULATION 3. Administrative and Supervisory Staff (Refer to 
Policies 13 and 14.)

a. Minimum Qualifications
Class A. The superintendent, principal, and other supervisory 

personnel shall hold appropriate administrative certificates based 
on a Master's Degree.

Class B. The superintendent, principal, and other supervisory 
personnel shall hold high school certificates based on a Bachelor's 
Degree, and have in addition 12 semester hours of graduate work In 
school administration and shall have had three years experience as 
a teacher or principal. ’

Class C. The superintendent, principal, and other supervisory 
personnel shall hold high school certificates based on a Bachelor's 
Degree and shall have had three years experience as a teacher or j
principal.

-5-

- 2 7 -



(AS ENGROSSED)

b. Time Assignment of Principal
A secondary school with an enrollment of 500 or more, shall ■”

have a principal who devotes most of his time to administrative 
and supervisory services.

In a secondary school with an enrollment of 250-499, the 
principal shall devote not less than half time to administrative 
and supervisory services.

In a secondary school with an enrollment less than 250, the 
principal shall devote not less than two periods a day to adminis­
trative and supervisory services.
REGULATION 4. Qualifications and Assignment of Personnel

a. Instructional Staff
All beginning teachers shall hold high school certificates 

based on a Bachelor's Degree. All in-service teachers who do not 
have high school certificates based on a Bachelor's Degree, except 
as specified in Policies 13 and 14, shall earn annually an average 
of six semester hours of appropriate credit.

Each teacher shall teach the major part of the school day in 
his certified field. The Accreditation Committee may approve for 
one year the assignment of a teacher Dut of his certified field for 
not more than two periods if there is a certified teacher whose 
major teaching assignment is in the field, and if it can be shown 
to be the b£st arrangement, provided the teacher has at least six 
semester hours in the assigned field for each such period taught, 
including a course in the particular subject.

b. Minimum Standards
Class A. 90% or more of the classes are' taught by teachers 

holding high school certificates based on a Bachelor's Degree. All 
other classes may be taught by teachers holding permits based on 
90 or more semester hours of approved college credit.

Class B. 80% or more of the classes are taught by teachers 
holding high school certificates based on a Bachelor's Degree. All f 
other classes may be taught by teachers holding permits based on 
90 or more semester hours of approved college credit.

CLASS C. 70% or more of the classes are taught by teachers 
holding high school certificates based on a Bachelor's Degree.
All other classes may be taught by teachers holding permits based 
on 90 or more semester hours of approved college credit.

- 6-

-28-



(AS ENGROSSED)

c. The Library Staff
(1) Professional Qualifications of the Librarian. The lib­

rarian shall meet the professional requirements of Regulations
4a and shall have 15 semester hours of library science.

>* •.
(2) Time. In secondary schools with'an enrollment of 500

or more, the librarian shall devote full time to library services.
In schools with an enrollment of 250-499, the librarian shall 

devote at least one half time to library services.
In schools with an enrollment of less than 250, the librarian 

shall devote at least two periods per day to library services;.
(3) Library Assistants. A provision is made for an adequate 

number of assistants to the librarian, either as assistant librarians 
or as student librarians.

d. Other Personnel
(1) Clerical Staff. Adequate clerical assistance is provided.

The minimum qualifications of such personnel shall include high 
school graduation and preparation for the assignment.

(2) Custodial Staff. The members of the custodial staff meet 
the state requirements pertaining to their employment and training.

(3) Bus Drivers. Bus drivers meet the state requirements per­
taining to their employment and training.
REGULATION 5. Personnel Records

The following personnel, records for each member of the instruct­
ional staff shall be kept on file in the office of the administrative 
head of the school or in the office designated by him.

a. A complete official transcript of college credit
b. Valid teacher's certificate
c. Teacher's contract
d. Evidence of personal tax payment
e. Personal health certificate
f. Report of chest x-ray
g. Statement that no state income tax is due 

REGULATION 6. Length of School year
All schools shall operate a minimum of 175 days with pupils 

and teachers present and classes in session.
REGULATION 7. Length of Class Period

A school shall organize its daily and weekly schedule in a 
pattern that is most appropriate for its program, provided that at 
least 200 minutes per week are scheduled for non-laboratory classe 
and 275 minutes per week for laboratory classes, exclusive of all 
time used in changing classes or teachers.



(AS ENGROSSED)

REGULATION 8 ' Requirements for Graduation
A minimum of 16 units earned in grades 9-12 shall be required 

for high school graduation and shall include:
English— 4 units

Health and Physical Educational unit (Act 169, 1931, Sec. 195) 
American History and Civics— 1 unit (Sec. 80-1614 the School 

laws of Arkansas, 1962)

One major field of three or more units, exclusive of English 
Three minor fields of two or more units 

REGULATION 9. The Teaching Load
a. The maximum teaching load is seven periods daily, including 

study hall assignments for a short period schedule, and six periods 
daily including study hall assignments for the long period schedule. 
Except for activity type classes such as physical education, typing, 
and music, a teacher shall not be assigned more than 180 pupils 
daily.

b. The total teaching load is equitably distributed among 
the teaching staff.
REGULATION 10. Library Expenditures.

a. A minimum collection of 900 books appropriate for the in­
structional needs of pupils, or at least five books per pupil, 
whichever is larger, shall be provided in the library. This 
collection is exclusive of textbooks, encyclopedias, and diction­
aries.

b. After the library is supplied with minimum collection, the 
annual expenditure for printed materials shall be as follows:

$2.00 per pupil for the first 200 pupils, but not less than 
$400.00; $1.00 per pupil for the next 300 pupils; and $0.75 per pu; 
for each pupil enrolled above 500.
REGULATION 11. Financial Support

- 8-



(AS ENGROSSED)

The financial condition of the school district, or governing 
body, is such that it is possible for t;he school to meet and main­
tain standards indicated in the 'Policies and Regulations 
for Accrediting Arkansas Elementary and Secondaiy Schools.'

REGULATIONS FOR ACCREDITING ELEMENTARY SCHOOLS 
REGULATION 1. Grades per teacher

Class'A. The school shall have no teacher with more than two 
grades

Class B. Same as Class A.

Class C. The school shall have no teacher with more than three 
grades.

REGULATION 2. Administrative and Supervisory Staff (Refer to Policies 
13 and 14)

a. Qualifications of Principal
Class A. The principal shall hold an elementary principal's 

certificate based on a Master's Degree.

Class B. The principal shall hold an elementary certificate 
based on a Bachelor's Degree and shall have an additional 12 semester 
hours of graduate work in school administration. ' .

Class C. The principal shall hold an elementary certificate 
based on a Bachelor's Degree.

b. Qualifications of Supervisors

All supervisors shall hold appropriate supervisory certificates.
c. Time Assignment of Principal

In an elementary school with an enrollement of 500 or more the 
principal shall devote full time to administrative and supervisor;^^^^ 
services.

In an elementary school with an enrollment of 200-499 the pri 
cipal shall devote half time to administrative and supervisory servj^ 
REGULATION 3. instructional Staff

a. Teachers (Refer to Policies 13 and 14)
__________ ;____  -9- _____ ...

-31-

J



P
R

E
S

ID
E

N
T

 
O

F
 

S
E

N
A

T

(AS ENGROSSED)

Class A. All (Teachers shall hold elementary certificates 
based on a Bachelor's Degree, provided that a teacher in service 
on the effective date of this regulation, having a minimum of 
90 semester hours, may continue to teach in a Class A elementary 
school if he earns annually six semester hours of appropriate 
credit toward the degree.

Class B. Same as Class A.
Class C. Same as Class A.
b. Librarians
All librarians shall hold six-year certificates with a minimum 

of 9 semester hours of library science and shall earn an additional 
3 semester hours of library science per year until a total of 15 
semester hours has been earned.
REGULATION 4. Personnel Records

The following personnel records for each member of the instruct­
ional staff shall be kept on file in the office of the administrat 
head of the school or in the office designated by him.

a. A complete official transcript of college credit
b. Valid teacher's certificate

• V

c. Teacher's contract
d. Evidence of personal tax payment
e. Personal health certificate
f. Report of chest x-ray
g. Statement that no state income tax is due 

REGULATION 5. Length of School Year
All schools shall operate a minimum of 175 days with pupils 

and teachers present and classes in session.
REGULATION 6. Supplementary Readers

- 10-

-32-



P
R

E
S

ID
E

N
T

 
O

F
 

S
E

N
A

T
E

(AS ENGROSSED)

i7
t
5

Class A. The school shall have a minimum of 6 approved sets 

of supplementary readers for each grade.
Class B. The school shall have a minimum of 5 approved sets 

of supplementary readers for each grade.
Class C. The school shall have a minimum of 4 approved sets 

of supplementary readers for each grade.
A set of supplementary readers is a minimum of five copies of 

a book from a series which is not being used as a basal reader in 
the school. The sets shall be on various reading levels of pupils 
in the classrooms in which they are used. The sets shall be kept 
in the classroom or a central place and shall be available to .any 

class or individual when needed.
REGULATION 7. Curriculum

a. Provision is made for study and experience in language, 
arts, mathematics, social studies (including geography, history of 
the United States and Arkansas, economic education, and citizenship), 
science, health, safety, physical education, music, and creative 
arts. Specfal instruction shall be provided as required by law 
in conservation, nature study, harmful effects of alcohol and 
narcotics, and fire prevention.

b. The daily schedule shall provide large blocks of time in 
which related subjects are taught.
REGULATION 8. Teaching Supplies

The school shall provide both consumable and non-consumable 
supplies and equipment in sufficient quantity to meet the needs of 

pupils and teachers.
REGULATION 9. Size of Classes

Regardless of classification of the school, the number of pup^te^J^, i

i

-33-

i



H
.Hi:

belonging in .each classroom shall not exceed 35 nor be fewer than 
15. It is recommended that class size not exceed 30.
REGULATION 10. Library

a. The number of school-owned library books, per pupil, 
exclusive of supplementary readers, encyclopedias, and dictionaries, 
required as a minimum collection is indicated by the following 
Cable:

Enrollment A B C
Schools with fewer than 100 pupils 6 5 . 4
Schools with 100 or more pupils 5 4  3
All schools shall have a minimum collection of 350 books.
Schools are encouraged to supplement their library collection 

with books from the county, regional, or state libraries.
b. The school shall provide annually for library books, maga­

zines, and library materials, an amount equal to or in excess of:
• Class A— per pupil enrolled: $2.00
Class B— per pupil enrolled: $1.50
Class C--per pupil enrolled: $1.25
c. An accurate record of all books owned by the school shall 

be kept in a central location. In schools having room libraries, 
an accurate record of the books available shall also be kept in the 
classroom.

d. Dictionaries: A standard classroom dictionary shall be
provided for each three pupils in all grades about grade three. 
REGULATION 11. Financial support

The financial condition of the school district, or governing 
body, shall be adequate to meet and maintain the standards 
in the 'Policies, Regulations, and Criteria for Accrediting 
Elementary and Secondary Schools.1

(AS ENGROSSED)



SECTION 7. Any school now rated Class "A" which subsequently 
falls below current standards for Class "A" schools, as determined 
by the State Department of Education, shall lose said classification 
and must attain a new Class "A" rating within two years or be sub­
ject to the mandates of this Act with reference to dissolution and 
annexation. Any district which is currently rated below "A" and 
subsequently receives an "A" rating will have been judged to have 
met the requirements of this Act. In the event such a district

. f
subsequently loses its "A'J.classification,* based upon current 
standards, it must regain the classification within two years or 
again become subject to provisions of this Act with reference to 
dissolution and annexation.

J SECTION 8. The State Department of Education shall notify 
all districts operating Class "B" schools, Class "C" schools and 
non-rated schools of the rating of such schools not later than 
April 15 of each year. The State Department of Education shall 
work diligently and cooperatively with local school authorities
in order to assist affected school districts in their efforts to

■*>achieve a Class "A" rating for their schools.

SECTION 9. In the event a district affected by this Act 
believes it has been improperly rated by the Department of Education, 
it shall have the right of appeal, effective April 15, 1979, and 
annually thereafter, to the State Board of Education. Any such 
appeal shall be held in an open hearing and the decision of the 
Board shall be in open session. An appeal must be filed no later 
than May 1 following the April 15, 1979 certification, and annually 
on the same date thereafter, and the Board hearing must be held 
prior to June 15 of the same year. The Board may affirm the 
ification of the school or schools as determined by ths

-13-

-35-

(AS ENGROSSED)



(AS ENGROSSED)

of Education or it may sustain the appeal of the district. An 
appeal from the ruling of the Board may be made by any district 
to any court of competent jurisdiction, provided such appeal is 
made within ninety (90) days after the effective date of any 
annexation.

SECTION 10. In any consolidation or annexation as a result of 
this Act the combined districts shall not receive less state aid for 

the current year nor for either year of the ensuing biennium than 

was received the previous year to the annexation. .•

SECTION 11. No action for dissolution involving a district 
annexed under the provisions of this Act may be entered into within 

two years succeeding the action of the County Board. Existing state 

law shall apply to dissolution cases thereafter.

J SECTION 12. Any district having a school or schools with a rating 
of less than "A" desiring to be annexed to an adjoining district having 

.no schools of less than "A" grade at’a time prior to June 1,1979, may, 
upon resolution of the board of such district, petition the County 

Board of Education to be annexed to an adjoining district, and the 

County Board »hall have authority to proceed to effect the annexation 

in the same manner as provided elsewhere in this Act.

J ■ SECTION 13. The Board of Directors of the receiving school dis­
trict shall be increased, if said district has fewer than eight members, 

by at least one and may, with agreement by the receiving district board 

and the county board, be increased to not more than eight members. The 

County Board of Education shall appoint the additional director or 

directors to fill positions created by the increase.' Directors so 

appointed shall serve-until the next regular school election. The 

additional directors shall be qualified electors of the district being

-14-

36



(AS. ENGROSSED)
i

annexed and shall be elected for a term of three years. If the re­

ceiving district board is already composed of more than five members 

Che position or positions next to be filled, either by appointment by 

Cha County Board of Education as provided in this Section, or at the 

annual school election, shall be filled by a qualified elector (s) 

from the former district being annexed until such time as all new 

positions have been filled. In elections subsequent to the time that 

all new positions have been filled by the election of a director or 

directors from the annexed district the positions on the Board may 

be filled by electors residing anywhere in the district.

SECTION 14. any situation involving the annexation of any 

school district or territory of a district under the provisions of - 

this Act the assets and liabilities of the original school district 

shall be shared in a manner as required by the statutes and if nec­

essary under the terras of a written contract agreement between and/or 

among the school districts involved.

SECTION 15. If an independent school district having territory 
in more than one county is to be annexed under the provisions of this 

•;••• ’ '• Act* the coun?y board of education in which the district is administered
■ ‘ *ha11 be responsible for such annexation or annexations, unless said

! county, board voluntarily releases to another county board or boards
• territory within their counties for the purpose of the annexation of• • # * ’ •

: i * ,aid Cerrltory to an eligible district within their legal jurisdiction.'
. Such county boards, if they accept such territory, and acceptance or

t«JecCi°1' 'ball be at their option, are hereby mandated to take action
. in kaePln8 with the dissolution and annexation provisions of this Act.

• • • • • . •

SECTION 16. If any provision oif this Act or the application thereof'
to any person or circumstance is held invalid, such invalidity shall not

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