Special Bulletin; Recommended Procedure for the Assignment, Transfer and Continuance of Pupils

    OupechiMenderts 4 TIN 

NEW ORLEANS PUBLIC SCHOOLS WW inleles B- RR NW 

VOL, VIII, NO. 36 April 25, 1961 

® SPECIAL BULLETIN 

PROCEDURE At its meeting on April 24, the Orleans Parish School Board 

ADOPTED FOR 

ASSIGNMENT, adopted a procedure for the assignment, transfer and contin- 

TRANSFER AND 
CONTINUANCE uance of all pupils among and within the Orleans Parish Public 

OF ALL PUPILS 

FOR 1961-1962 Schools for the school year 1961-1962. A copy of the pro- 

cedure is attached. 

New attendance district maps will be distributed when received 

from the printer. In the meantime, principals concerned 

should note changes listed on enclosure two. 

<< / James F. Redmond, 

~ Superintendent. 



Office of the Superintendent, 
Orleans Parish School Board, 

New Orleans 12, Louisiana, 

April 24, 1961. 

To the President and Members, 

Orleans Parish School Board. 

Gentlemen: 

It is recommended that the procedure outlined herein be adopted for the 

assignment, transfer and continuance of all pupils among and within the Orleans Par- 

ish Public Schools for the school year 1961-1962. 

I. Act 492 of 1960 delegates to each local school board "full and final 

authority and responsibility for the assignment, transfer and continuance of all 

pupils among and within its jurisdiction, and shall prescribe rules and regulations 

pertaining to those functions." 

II. Desegregation shall be administered in compliance with the provisions 

of Act 492 of the Legislature of Louisiana, "Assignment, Transfer and Continuance of 

Pupils" and in conformity with orders of the Federal Court. (Enclosure 1) Initial 

desegregation of a school is restricted to the first grade. 

III. Considering the existing physical facilities (their capacities and 

locations), the possible confusion of pupils and parents, and the extensive reassign- 

ment of school personnel which would result from a drastic change of existing at- 

tendance districts, the attendance districts for each school, as currently adopted 

by the Orleans Parish School Board, shall remain in effect. Children of each race 

are assigned to schools as indicated on enclosure number 2, "Attendance Districts, 

New Orleans Public Schools." (Enclosure 2) 

IV. Applications for permits for pupils to attend a school other than the 

one located in the residence attendance district in which they reside will be pro- 

cessed as follows: 

A. FOR KINDERGARTEN AND GRADES TWO THROUGH TWELVE: 

Applications (for pupils in kindergarten and in grades two 

through twelve) should be filed with the District Superintendents’ 



Recommended Procedure for the Assignment, Page 2 
Transfer and Continuance of Pupils 

April 24, 1961 

offices. Permits will be considered provided the applicant can be 

accommodated within physical facilities and staff limitations of 

NS each school. Class size may be a factor in determining whether or 

not a permit will be issued. No permit will be issued for pupils 

in kindergarten and in grades two through six if an application 

for a first grade child in the same family is pending. 

The issuance of permits, in this category, will be made no 

earlier than Wednesday of the third week of school, September 20, 

1961. Permits issued in prior years do not need to be renewed, 

except in the case of '"out-of-parish" permits. 

B. FOR GRADE ONE: 

Those parents or guardians of first grade children who desire 

to have their children attend a school other than the one located 

in the attendance district in which they live must mail a request 

direct to the Superintendent of Schools, 703 Carondelet Street. 

Forms for such requests are available at: 

School Board Office 

703 Carondelet Street 

District I Office 

4211 S. Miro Street 

District II Office 

es 1812 Pauger Street 

Requests must be submitted between now and Friday, May 19, 

1961. No first grade pupil will be allowed to transfer from one 

school to another during the 1961-1962 school year if written ap- 

plication is not submitted between now and May 19, 1961. Mail, 

postmarked after midnight May 19, 1961, will not be considered. 



Recommended Procedure for the Assignment, Page 3 

Transfer and Continuance of Pupils 

April 24, 1961 

The issuance of permits in this category will be made no later 

than Friday of the first full week of school (September 15, 1961). 

*® \ A permit will not be issued for a first grade pupil if he has 

brothers or sisters in elementary school and such permit would 

separate him from them. 

V. Applications for transfer, received in compliance with paragraph IV 

above, shall be considered and evaluated by the Orleans Parish School Board in com- 

pliance with the provisions of Act 492 of 1960. 

During the summer months (June, July and August) an administrative 

evaluation of each application for a permit to transfer at the first grade level 

will be made. Such evaluation will consist of four steps: 

A. Review of applications to consider: 

Verification of information on application 
Proper age (birth certificate) 
Nearness of school to child's home 
Request or consent of parent and reasons assigned thereto 
Available room and teaching capacity of schools 
Availability of transportation. 

B. Test administration to determine: 

Scholastic aptitude 
Intelligence or ability 
Adequacy of pupil's academic preparation or readiness for 
admission to school or curricula. 

C. Test interpretation and personal evaluation to consider: 

Effect of new pupil upon academic program 
Suitability of established curricula for pupil (in terms of 

grouping within the class) 
Adequacy of pupil's academic preparation or readiness for 

admission to school or curricula 

Psychological qualification of pupil for type of teaching and 
associations 

Effect upon academic progress of other students 
Effect upon prevailing academic standards 
Psychological effect upon the pupil 

Home environment of the pupil 
Maintenance or severance of social and psychological relation- 
ships with pupils and teachers 
Health and personal standards of the pupil. 



Recommended Procedure for the Assignment, 
Transfer and Continuance of Pupils 

April 24, 1961 

General administrative review and preparation of recommendation 

to Orleans Parish School Board to consider: 

All information previously collected on each applicant 

Choice and interests of pupil 

Possibility or threat of friction or disorder among pupils 

or others 
Possibility of breach of peace or ill will or economic 

retaliation within community. 

Upon completion of the above evaluation, appropriate recommendations 

for the issuance of permits to transfer will be made to the Orleans Parish School 

Board no later than September 11, 1961. 

VI. Pupils transferred by action taken in compliance with paragraphs IV 

and V above may continue their education in succeeding years through grade six 

without being required to apply for a new transfer each year. 

Such pupils may return to the school to which they are assigned by 

virtue of their residence upon request of their parents. Further, such pupils may 

be reassigned to the school to which they are assigned by virtue of their place of 

residence by order of the Orleans Parish School Board if they do not make satisfac- 

tory adjustment to the newly assigned situation. A change of place of residence 

will be cause for reconsideration. 

VII. In any school where a class is desegregated by virtue of a transfer 

issued in compliance with paragraphs IV and V or VI above, separate classes for each 

sex shall be established for each class desegregated. 

Respectfully submitted, 
. r— 

24 ~ 

do James F. Redmond, 
Superintendent. 

JFR: rrw 

Enclosures 



SUB~-PART B-1, ASSIGNMENT, TRANSFER, AND CONTINUANCE OF PUPILS 

§ 101. Findings 

The legislature finds and declares that the rapidly increasing demands upon the 
public economy for the continuance of education as a public function and the ef- 
ficient maintenance and public support of the public school system require, among 
other things, consideration of a more flexible and selective procedure for the es- 
tablishment of schools, facilities and curricula and as to the qualification and 

assignment of pupils. 

The legislature also recognizes the necessity for a procedure for the analysis 
of the qualifications, motivations, aptitudes and characteristics of the individual 
pupils for the purpose of placement, both as a function of efficiency in the ed- 
ucational process and to assure the maintenance of order and good will indispensab: 
to the willingness of its citizens and taxpayers to continue an educational system 

as a public function, and also as a vital function of the sovereignty and police 
power of the state. Acts 1958, No. 259, 8 1, as amended Acts 1960, No. 492, § 1, 

TITLE OF ACT: 
An Act to declare the public policy of function of the state's police power to 
the State of Louisiana with respect to assure social order, good will and the 
public education; to provide for further public welfare; to establish the right of 
study and analysis as a basis for gen- parents or guardians to withdraw children 
eral reconsideration of the efficiency of from public schools under certain condi* 
the system in promoting the progress of tions; to authorize the attorney general 
pupils in accordance with their aptitudes to render advice and assistance to local 

and in furtherance of social order and school boards; to limit the liability of 
good will; pending such reconsideration school boards, officials and employees in 
to authorize city and parish school the exercise of their official responsi- 
boards to provide for the continuation bilities; to provide for appeals from the 
or establishment of schools, faculties decisions of such borads of education in 
and curricula and the placement of pupils certain cases; to repeal all laws in con- 
therein so as to assure the best practi- flict herewith including Act 556 of 1954 
cal educational curriculum and environ- designated as Section 81.1 of Title 17 of 
ment for the individual pupils consist- the Revised Statutes of 1950. Acts 1958, 

ent with the educational progress of . No. 259. 
others and the paramount 

§ 102. Continuing studies of educational system 

To the ends aforesaid, the state board of education shall make continuing studies 
as a basis for general reconsideration of the efficiency of the educational system 
in promoting the progress of pupils in accordance with their capacity and to adapt 
the curriculum to such capacity and otherwise conform the system of public education 
to social order and good will. Pending further studies and recommendations by the 
school authorities, the legislature considers that any general or arbitrary re- 
allocation of pupils heretofore entered in the public school system according to any 
rigid rule of proximity of residence or in accordance solely with request on behalf 
of the pupil would be disruptive to orderly administration, tend to invite or induce 

disorganization and impose an excessive burden on the available resources and teach- 
ing and administrative personnel of the schools. Acts 1958, No. 259, § 2, as 
amended Acts 1960, No. 492, § 1. 



Page 2 

§ 103. Local boards not required to make general reallocations 

Pending further studies and legislation to give effect to the policy declared 

by this Sub-Part, the respective parish and city school boards, hereinafter re- 

ferred to as "local school boards," are not required to make any general realloca- 

tion of pupils heretofore entered in the public school system and shall have no 

authority to make or administer any general or blanket order to that end from any 

source whatever, or to give effect to any order which shall purport to or in effect 

require transfer or initial or subsequent placement of any individual or group in 

any school or facility without a finding by the local board or authority designated 

by it that such transfer or placement is as to each individual pupil consitent with 

the test of the public and education policy governing the admission and placement 

of pupils in the public school system prescribed by this Sub-Part. Acts 1958, No. 

259, 8 3, as amended Acts 1960, No. 492, § 1. 

§ 104. Authority and responsibility of local boards; factors to be considered 

Subject to appeal in the limited respect herein provided, each local board shall 

have full and final authority and responsibility for the assignment, transfer and 

continuance of all pupils among and within the public schools within its jurisdic- 

tion, and shall prescribe rules and regulations pertaining to those functions. Sub- 

ject to review by the board as provided herein, the board may exercise this respon- 

sibility directly or may delegate its authority to the superintendent of education 

or other person or persons employed by the board. In the assignment, transfer or 

continuance of pupils among and within the schools, or within the classroom. and 

o ther facilities thereof, in accordance with such rules and regulations the fol- 

lowing factors and the effect or results thereof shall be considered, with respect 

to the individual pupil, as well as other relevant matters: Available room and 

teaching capacity in the various schools; the availability of transportation facili- 

ties; the effect of the admission of new pupils upon established or proposed aca- 

demic programs; the suitability of established curricula for particular pupils; the 

adequacy of the pupil’s academic preparation for admission to a particular school 

and curriculum; the scholastic aptitude and relative intelligence or mental energy 

or ability of the pupil; the psychological qualification of the pupil for the type 

of teaching and associations involved; the effect of admission of the pupil upon 

the academic progress of other students in a particular school or facility there- 
of; the effect of admission upon prevailing academic standards at a particular 
school; the psychological effect upon the pupil of attendance at a particular schoo. 
the possibility or threat of friction or disorder among pupils or others; the 

possibility of breaches of the peace or ill will or economic retaliation within the 

community; the home environment of the pupil; the maintenance or severance of es- 
tablished social and psychological relationships with other pupils and with teacher: 

the choice and interests of the pupil; the morals, conduct, health and personal 
standards of the pupil; the request or consent of parents or guardians and the 

reasons assigned therefor. 

Local school boards may require the assignment of pupils to any or all schools 
within their jurisdiction on the basis of sex, but assignments of pupils of the 
same sex among schools reserved for that sex shall be made in the light of the othe: 

factors herein set forth. Acts 1958, No. 259, § 4, as amended Acts 1960, No. 492, 

5 1. 



® ® 
Page 3 

§ 105. Admission to schools in adjoining parishes 

Local school boards may, by mutual agreement, provide for the admission to any 

school of pupils residing in adjoining parishes and for transfer of school funds 
or other payments by one board to another for or on account of such attendance. 

Acts 1958, No. 259, § 5, as amended Acts 1960, No. 492, § 1. 

§ 106. Objections and requests; hearings and investigations 

A parent or guardian of a pupil may file in writing with the local school board 

objections to the assignment of the pupil to a particular school, or may request 

by petition in writing, assignment or transfer to a designated school or to another 

school to be designated by the board. Unless a hearing is requested, the board 

shall act upon the same within 30 days, stating its conclusion. If a hearing is 

requested, the same shall be held beginning within 30 days from receipt by the 

board of the objection or petition at a time and place designated by the board. 

The board may itself conduct such hearing or may designate not less than three 

of its members to conduct the same and may provide that the decision of the members 

designated or a majority thereof shall be final on behalf of the board. The school 

board is authorized to designate one or more of its members or one or more compe- 
tent examiners to conduct any such hearings, and to take testimony, and to make a 

report of the hearings to the entire board for its determination. No final order 

shall be entered in such case until each member of the school board has personally 

considered the entire record. 

In addition to hearing such evidence relevant to the individual pupil as may be 

presented on behalf of the petitioner, the board shall be authorized to conduct 

investigations as to any objection or request, including examination of the pupil 
or pupils involved, and may employ such agents and others, professional and other- 

wise, as it may deem necessary for the purpose of such investigations and examina- 

tions. 

For the purpose of conducting hearings or investigations hereunder, the board 

shall have the power to administer oaths and affirmations and the power to issue 
subpoenas in the name of the state of Louisiana to compel the attendance of witness- 

es and the production of documentary evidence. All such subpoenas shall be served 
by the sheriff or any deputy of the parish to which the same is directed; and such 
sheriff or deputy shall be entitled to the same fees for serving such subpoenas 

as are allowed for the service of subpoenas from a district court. In the event 
any person fails or refuses to obey a subpoena issued hereunder, any district court 
of this state within the jurisdiction of which the hearing is held or within the 

jurisdiction of which said person is found or resides, upon application by the 
board or its representatives, shall have the power to compel such person to appear 

before the board and to zive testimony or produce evidence as ordered; and any 
failure to obey such an order of the court may be punished by the court issuing 
the same as a contempt thereof. Witnesses at hearings conducted under this Sub- 

Part shall be entitled to the same fees as provided by law for witnesses in the 
district courts, which fees shall be paid as a part of the costs of the proceeding. 

Acts, No. 259, § 6, as amended Acts 1960, No. 492, Ea, 



Al 

3 i “ 

Page 4 

§ 107. withdrawal of children from schools where races are commingled; aid 

for education 

Any other provisions of law notwithstanding, no child shall be compelled to 

attend any school in which the races are commingled when a written objection of 
the parent or guardian has been filed with the school board. If in connection 
therewith a requested assignment or transfer is refused by the board, the parent 
or guardian may notify the board in writing that he is unwilling for the pupil to 
remain in the school to which assigned, and the assignment and further attendance 
of the pupil shall thereupon terminate; and such child shall be entitled to such 
aid for education as may be authorized by law, Acts 1958, No. 259, § 7, as amended 

Acts 1960, No. 492, 8 ;. 

§ 108. Findings and actions of board as final; appeals 

The findings of fact and action of the board shall be final except that in the 
event that the pupil or the parent or guardian, if any, of any minor or, if none, 

the custodian of any such minor shall, as next friend, file exception before such 
board to the final action of the board as constituting a denial of any right of 

such minor guaranteed under the Constitution of the United States, or any right 

under the laws of Louisiana, and if the board shall not, within fifteen days re- 

consider its final action, an appeal may be taken from the final action of the 
board, on such ground alone, to the district court of the judicial district in 
which the school board is located, by filing with the clerk of said court within 
thirty days from the date of the board's final decision a petition stating the 
facts relevant to such pupil as bearing on the alleged denial of his rights under 
the Federal Constitution, or State law, accompanied by bond with sureties approved 

by the clerk of said court conditioned to pay all costs of appeal if the same shall 
not be sustained. A copy of such petition and bond shall be filed with the 
president of the board. The filing of such a petition for appeal shall not suspend 
or supersede an order of the board; nor shall the court have any power or jurisdic- 

tion to suspend or supersede an order of the board issued under this Sub-Part be- 

fore the entry of a final decree in the proceeding, except that the court may sus- 

pend such an order upon application by the petitioner made at the time of the 
filing of the petition for appeal, after a preliminary hearing, and upon a prima 

facie showing by the petitioner that the board has acted unlawfully to the mani- 

fest detriment of the child who is the subject of the proceeding. 

On such appeal the district court may, as in other cases, summon a jury for the 

determination of any issue or issues of fact presented. Appeal may be taken from 

the decision of the district court in the same manner as appeals may be taken in 

other suits, either by the appellant or by such board. Acts 1958, No. 259, § 8, 

as amended Acts 1960, No. 492, § 1. 

§ 100. Appearance of attorney general; costs 

The board before whom any objection or proceeding with respect to the placement 
of pupils in pending may, upon authorization in writing of a majority of the board, 

request the attorney general of Louisiana to appear in such proceedings as amicus 

curiae to assist the board in the performance of its judicial functions and to re- 
present the public interest. Expenses of court reporters, subpoenas, witness fees 



Page 5 

and other costs of such proceedings approved by the board shall be the obligation 

of the city or parish involved, and shall be paid from the public school funds of 

such city or parish. Acts 1958, No. 259, 8 9, as amended Acts 1960, No. 492, 8 1. 

8 110. Immunity of school boards and agents 

No school board or member thereof, nor its agents or examiners, shall be an- 

swerable to any charge or libel, slander, or other action, whether civil or crim- 

inal, by reason of any finding or statement contained in the written findings of 

fact or decisions or by reason of any written or oral statements made in the course 

of proceedings or deliberations provided for under this Sub-Part. Acts 1958, No. 

259, § 10, as amended acts 1960, No. 492, § 1. 

LOUISIANA STATUTES ANNOTATED 

GENERAL SCHOOL LAW 

PART II PARISH SCHOOL BOARDS 

SUB~ PART B-1 17:101--17:110 



Minute Entry 

Wright, J. 
May 16, 1960 

EARL BENJAMIN BUSH, et al No. 3630 

Vv. CIVIL ACTION 

® ORLEANS PARISH SCHOOL BOARD 

1t appearing that on February 16, 1956, the defendant herein was 

ordered to desegregate the public schools in the Parish of 
Orleans with 

all deliberate speed; it appearing further that on July 15, 1959, the 

defendant herein was ordered to file a plan of desegr
egation by March 1, 

1960; it appearing further that on October 9, 1959, the time for filing 

the plan was extended to May 16, 1960; it appearing further that on this 

date, May 16, 1960, the defendant has failed to file a plan. 

IT IS ORDERED that, beginning with the opening of sch
ool in 

September, 1960, all public schools in the City of New Orleans 
shall be 

desegregated in accordance with the following plan: 

A. All children entering the first grade may attend 

either the formerly all white public school nearest 

their homes, or the formerly all negro public school 

nearest their homes, at their option. 

B. Children may be transferred from one school to 

another, provided such transfers are not based
 on 

consideration of race. 

/s/ J. Skelly Wright 

UNITED STATES DISTRICT JUDGE 



» R...... of Research, 
Census and Planning 

New Orleans Public Schools 

703 Carondelet Street 

New Orleans 12, Louisiana 

April 17, 1961 

To the President and Members 

Orleans Parish School Board 

w Gentlemen: 

The Department of Research, Census and Planning recommends the following 

changes in attendance districts for the 1961-62 session: 

WHITE ELEMENTARY SCHOOLS 

In order to relieve anticipated overcrowding at the Jean Gordon Elemen- 

tary School as a result of new construction within the neighborhood attendance 
district, it is recommended that those children being transported by school bus 

to Jean Gordon who live below Pelopidas Street be assigned to the Edward Douglass 
White Elementary School. The recommended transportation area is bounded as 
follows: Bayou St. John, Pelopidas Street, southwest property line of Dillard 

University (extended), Gentilly Road, Florida Avenue, Bayou St. John. 

WHITE JUNIOR AND SENIOR HIGH SCHOOLS 

No changes recommended. 

NEGRO ELEMENTARY SCHOOLS 

In order to relieve overcrowding which exists at Valena C. Jones Elemen- 
tary School it is recommended that those children who reside between Elysian Fields 

Avenue, and Franklin Avenue be transported by school bus to the McDonogh No. 42 
Elementary School. The recommended transportation area is bounded as follows: 
Florida Avenue, Franklin Avenue, North Claiborne Avenue, Elysian Fields Avenue, 

Florida Avenue. The new attendance district for the Valena C. Jones Elementary 
School should have the following boundaries: North Claiborne Avenue, St. Bernard 
Avenue, London Avenue, Florida Avenue, Elysian Fields Avenue, North Claiborne 

Avenue. 

NEGRO JUNIOR AND SENIOR HIGH SCHOOLS 

No changes recommended. 

[ Respectfully submitted, 

rly: sien 
Director of Research, 

SF /vv Census and Planning 

Approved: 

fr 
JAMES F. REDMOND, Superintendent