Order for Canton School District; Findings of Fact and Recommendations

    Ynited States Gmet of Appeals 

FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK ROOM 408-400 ROYAL ST. 

CLERK NEW ORLEANS, LA. 70130 

October 15, 1970 

Clerk 

U. S. District Court 

P. O. Box 769 

Jackson, Miss. 

Hinds County, et al 

Dear Sir: 

Enclosed is a certified copy of an order entered by 

the Court in the Canton Municipal Separate School 

District case. 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

  

Chief Deputy Clerk 

/fcw 

Enc. 

cc and enc. to: 

Hon. Dan M. Russell, Jr. 

Mr. Jack Greenberg 

Hon. David L. Norman 

Mr. Melvyn Leventhal 

Mr. Joe R. Fancher  



  

: 

» 

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

NOS. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

Plaintiff 

Vv. 

HINDS COUNTY SCHOOL BOARD, ET AlL., 

Defendants 

JOAN ANDERSON, ET AL., 
UNITED STATES OF AMERICA, 

Plaintiffs 

Plaintiff-Intervenor 

Ve 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, ET AL., 

Defendants 

  

Appeal from the United States District Court for 
the Southern District of Mississippi 

  

(October 15, 1970) 

Before BELL, THORNBERRY, and MORGAN, Circuit Judges. 

BY THE COURT: - 

The student assignment plan for the Canton Municipal 

Separate School District recommended by Honorable Dan M. Russell, 

Jr., United States District Judge, in finding of fact and recom- 

mendations dated October 6, 1970 is hereby adopted and made the 

order of this court. 

 



  

% : 

IT IS SO ORDERED this 14th day of October, 1970. 

  

United States Circuit Judge 

i / \ / 

Hid: [] \l/ | gh 

7 ( ¥ [Ud | }-¥ | J \/ AA (FLV fA L dhe, 

United States Circuit |Judge 
/ 

  

  

United States Circuit Judge 

at Done 

 



      

 — 

UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT J—— 

/ 

UNITED STATES OF AMERICA, PLAINTIFF 

VERSUS NOS. 28030 and’ 28042 

HINDS COUNTY SCHOOL BOARD, ET AL, DEFENDANTS 

JOAN ANDERSON, ET AL., PLAINTIFFS 
UNITED STATES OF AMERICA, PLAINTIFF - INTERVENOR 

VERSUS NO. .3700(J) -District Court 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, ET AL, DEFENDANTS 

FINDINGS OF FACT AND RECOMMENDATIONS 
  

In the above styled consolidated cases, Nos. 28030 and 

28042, the Fifth Circuit Court of Appeals, by order dated November 

7, 1969, directed the Canton Municipal Separate School District, 

Canton, Mississippi in Cause No. 3700 (J) on the docket of this 

Court, to adopt the school integration plan offered by the Office 

of Education of the Department of Health, Education and Welfare. 

The HEW plan was based on a projected attendance in the 

entire school district of 1326 white students and 3672 black 

students for a total of 4998. TFollwing the school board's 

“implementation of the HEW plan in the spring semester of 1970, 

white attendance dropped to 36 students reflected in enrollment 

reports of May 1970. 

The Appellate Court order also set forth procedures by 

which the HEW plan could be modified. On August 18, 1970, the 

school board filled its motion for modification with this Court, 

alleging that the HEW plan had resulted in a total attendance 

comprised of more than 997% negroes; and that in the light of 

  
 



  

objection to that part of the board's proposals which would permit 

students In grades 1-9 in the proposed North and West Zones to 

proposal would tend to reestablish a dual school system. Plaintiffs 

term, as follows: 

    

. | ® 

Green v. County School Board of New Kent County, 391 U. S. 430, 
  

the HEW plan was not working, nor was it administratively or 

economically feasible. 
) 

”’ 

In response to the school board's proposals, the 

United States of America, plaintiff-intervenor, filed its written 

transfer to schools in the East Zone on the grounds that such 

filed no written objections. 

On September 2, 1970, all parties met in chambers 

for the purpose of seeking a mutually acceptable plan. The 

school beard agreed to waive its free transfer proposal, following 

which the government expressed no objection to the remaining 

proposals. Upon plaintiffs! refusal to accept the remaining 

proposals as agreed to by the government, a hearing was held on 

September 28, 1970. 

The school beard, having continued to implement 

the HEW student asgignment plan, submitted supplemental data 

showing actual attendance since the beginning of the current school] 

  PERCENTAGE 
= 

  
  

  

SCHOOL GRADES WHITE NEGRO TOTAL WHITE NEGRO 

Canton Elementary 1-3 20 541 561 3.56" : 96.44 
McNeal Elementary 1-3 9 533 542 1.66 98.34 
Nichols Elementary 4-6 22 1175 1197 1.85 98.15 
Canton Junior Hi 7 6 253 259 2432 97.68 
Canton Hi 8-12 1s 131% 1330 1.43 998.527 

*76 3813 3889 1.93 98.07 

*An increase from the previous attendance report of 36 white 
students. 

It should be noted that this district embraces more 

than 200 square miles, an area considerably larger than the 

municipal limits of Canton, located roughly in the center of the 

I   
 



      

district, Students living outside the municipal limits but wi 1 

a mile of their school are not furnished transportation. 

Under the HEW plan grades 8~12 in the district are 

assigned to Canton High School, formerly Rogers High; grade 7, 

district wide, is assigned to Canton Junior High, formerly Canton 

High School; grades 4-6, district wide, a assigned to Nichols 

Elementary, and grades 1«3 are assigned to Canton Elementary and 

McNeal Elementary, Canton Elementary drawing students from the 

southeast and southwest quadrants of the city and district and 

from the northeast quadrant of the district, and McNeal Elementary 

dnoing from the northeast and northwest quadiants of the city 

and from the northwest quadrant of the district, 

The school board proposes to assign grades 10-12, 

district wide, to Canton High school, formerly Rogers High school, 

and, prior to HEW, an all negro school, and as to grades 1-7, 

establish three zones with student assignments to four schools as 

follows: 

(1) North Zone: All walking students (those not 
  

eligible for bus transportation) in grades 1-7 residing in the 

North Zone to McNeal Elementary. All transported students in 

grades 1-7 residing in the North Zone to Rogers Elementary. 

(2) East Zone: All students, grades 1-7, residing 
  

in the East Zone to Canton Elementary. 

(3) West Zone: All students, grades 1-7, residing 
  

in the West Zone to Nichols Elementary. 

As to grades 8-9, all students residing in the North 

and West Zones would be assigned to Rogers Junior High, and all 

# 

students reslding in the East Zone to Canton Junlor High school, 

formerly Canton High, 

  

 



  
    

These assignments, based on current attendance, are 

summarized as follows: 

    

PERCENTAGE 
SCHOOL GRADES WHITE NEGRO TOTAL WHITE NEGRO 

Canton Elementary 1-7 52° M03 495 11.43 88,57 
McNeal Elementary 1-7 1 596 597 0.17 99.83 
Nichols Elementary 1-7 3 Ai1l 1114 0.27 99.73 
Rogers Elementary 1-7 l 467 468 0322 99.78 
Canton Junior Hi 8-9 7 289 296 2.37 97.63 
Rogers Junior Hi 8«9 3 307 310 0.97 99.03 
Canton High 10-12 5 640 649 1.39 98.61 

76 3813. 3889 1.93 98.07 

‘The school board submitted with its proposals a map 

showing the aforesald zone lines and location of schools, a copy 

of which is attached to these recommendations. A second map 1s 

attached for the purpose of showing a recent annexation to the city. 

The testimony was to the effect that this annexation took in no 

racially segregated neighborhoods, but that the racial composition 

is mixed. 

In listing its objections to the HEW plan, the school 

board, through the testimony of Dr. John Lamar Fortenberry, district 

superintendant, compared the alleged inadequacies of the HEW plan 

with the remedies offered by the board's proposal. 

1. He stated that the board's plan would better utilize 

the existing facilities in assigning students in the grades for | 

which the bulldings were constructed and equipped, whereas the HEW 

plan largely ignores this feature. Tor example, he pointed out 

that HEW assigns all 7th grade students to Canton Junior High, 

formerly Canton High School, which was constructed as a high school, 

replete with science laboratories, auditorium, library, gymmasium, 

a home economics department and a vocational shop, all appurtenances 

more Lhasa for grades 8-9 as the board proposes than for grade 

7. 

2. On paper, the HEW plan may be unitary, but as imple- 

le   
 



  

  

  

    

    

® ® 

mented, it has resulted in a 997% black attendance with no promise 

of incrcased white attendance. The board hopes to regaln some 

white attendance with its plan. 

3. In the manner in which HEW zones grades 1-3, normal- 

ly 6-8 year old students, many are required to walk the width of 

the city, passing by a nearer school. As to each school, walking 

distances are increased, whereas the board plan minimizes walking 

in all schools except the high school which would be limited to the 

three grades having the oldest children. 

4. In addition to increased walking distances for the 

youngest students, the HEW plan ignores the hazards of two heavily 

trafficked city and county thoroughfares bisecting the city which 

these children must cross, whereas these streets mark the boundariet 

of the zones proposed by the board, requiring No cross-overs. 

5. Under the HEW plan, students, in: completing 12 

grades, are required to attend four different schools. This 

b   fragmentation of grade structure, particularly in elementary 

schools 1s not educationally sound. Further it is a hardship on 

teachers in trying to coordinate 3rd grade levels of instruction 

with 4th grade instruction in another school. This is not true 

of the board plan in which all elementary grades would be served 
. 

(= 

In the same school. 

6. Under HEW some buses are required to offload and load 

at as many as four schools on crowded playgrounds, adding approxi 
mE 

mately an hour's time to tight schedules and increasing safety 31y 

hazards. Under the board plan, transportation to one school is 

completely eliminated, and otherwise limited to loading and off- 

loading at no more than two schools. 

7. The HEW plan is more cogfly, particularly in the 

field of transportation. 

- “- ) *   
 



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8. With students assigned to fragmented grades in 

non-neighborhood areas, as in the HEW plan, it is difficult to 

secure parent involvement. Under the board plan each school would 
-   be the center of the community. 

9. Bad weather would be conducive to absenteeism of 

those children, who, under the HEW plan, are required to walk 

as much as two to three miles. 

10, Teachers cannot adequately coordinate classes on 

a vertical basis under the HEW plan.   
| 11. Under the HEW plan, it is more difficult to 

concentrate equipment where it may best be utilized. For example, 

equipment at Canton Simior Nim, formerly a high school, is used 

by 7th grades for only a few minutes a day. 

12. Particularly as to the 7th grade, these children 

are denied the opportunity of sharing educational experiences 

with either younger or older students. Under HEW, the 7th grade     | 1s isolated. 

I 
| 13. The HEW plan disregards entirely the traditional 

| neighborhood conceptiwhich the board plan, for the most part, 

would retain. 

14. The HEW plan, as currently implemented, does not 

encourage individualization of instruction nor a closer relation- 

ship between faculty and students, with elementary grades broken 

up into three levels, all at different schools. 

In determining the location of zone lines, the witness 

sald he personally started out with a ruler and compass to locate 

the geometric center of the three elementary school areas, taking 

into consideration the capaclty of the schools, and the two mos 

heavlly trafficked strects bisecting the clty. The lines were 
3 

ve wai eae can Wy lis Te RE Se i I i TAR TRY pa TH Pare on Ev re aie vaitre rawvn as straight as possible to avold any appearance of gerrcy-       
 



  
    

mandexring. 

The witness further stated that a bi-racial committee, 

whose members were not selected by the school board, but by 
; 

leaders of both races, was consulted and in fact suggested the 

plan. The negro members approved, provisionally, until the plan 

could be presented to a mass meeting of blacks who refused to 

endorse it. 

Plaintiffs, through two witnesses, one a former 

teacher and principal in the Canton schools, now on the faculty 

of Tougaloo College, and the other a member of the bi-racial 

committee, offered nothing to refute the contentions of the 

school board. The former admitted the zone lines are logically 

placed, and the latter admitted the negro members of the bi-racial 

committee partially approved the board plan, but were committed 

by the black community to support the HEW plan. 

In view of the minimal white attendance in this 

school system, there is a complete absence of any constitutional 

objection to the board plan. In this absence, the Court recognize 

the prerogative and ability of the school board to propose a plan 

administratively, educationally and economically acceptable to it, 

a position which the government has here endorsed and, under this 

standard, recommends the adoption of the plan as proposed by the 

school board. t is laudable if the plan at the same time 

accomplishes the return of white attendance, which is conjectural 

now. Should white attendance materially increase to the extent 

of causing a constitutionally objectionable racial imbalance in 

any school, the problem may then be dealt with. There is no such 

imbalance now. 

Recommended and signed in duplicate, the Clerk of 

this Court being directed to fille one slgned duplicate in his 

Ky 20 

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offlce and forward the other signed duplicate, together with zone 

map, to the Clerk of the U. S. Court of Appeals for the Fifth 

Circuit, and mail one copy to each party of record. 

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