Thomas v. Board of Education of the Plum Bayou-Tucker School District No. 1 Appendix
Public Court Documents
July 22, 1969 - July 6, 1971

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Brief Collection, LDF Court Filings. Thomas v. Board of Education of the Plum Bayou-Tucker School District No. 1 Appendix, 1969. 4ab8b204-c69a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/660ec166-5410-4799-9afd-d94c267487b0/thomas-v-board-of-education-of-the-plum-bayou-tucker-school-district-no-1-appendix. Accessed April 29, 2025.
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IN THE U N I T E D STATES C O U R T O F A P P E A L S FOR THE EIGHTH CIRCUIT NO. 71-1436 LOTS THOMAS, e t a l . . Plaintiff s-Appe Hants v s . THE BOARD OF EDUCATION OF THE PLUM BAYOU-TUCKER SCHOOL DISTRICT NO. 1, et al.. Defendants-Appellees. A P P E N D I X JOHN W. WALKER PHILIP E. KAPLAN WALKER, KAPLAN & MAYS, P..A. 1820 West 13th Street Little Rock, Arkansas 72202 JACK GREENBERG NORMAN J. CHACHKIN 10 Columbus Circle New York, New York 10019 Attorneys for Appellants A. Page Docket Entries ....................................... la Complaint............................................ 2a Answer................................................13a Defendants' Answers to Plaintiffs' Interrogatories . . 15a Plaintiffs' Answers to Defendants' Interrogatories . . 52a Transcript of Proceedings February 8-9, 1971 ........ 57a Plaintiffs' Exhibits at February, 1971 Trial ........ 567a Memorandum Opinion of District Court ................ 588a Order of District C o u r t ............................. 601a Notice of Appeal..................................... 602a Bond for Costs on Appeal............................. 603a I N D E X UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LOIS THOMAS, ASIVE THOMAS, LUCREASIA A. EVANS, ELOIS WOODS AND TROY E. WOODS, BY THEIR PARENT AND NEXT FRIEND, MRS. CORINE WOODS; ERIC DIN- WIDDIE, DONALD R. DINWIDDIE, RODNEY DINWIDDLE AND DARRYE HARRIS, BY THEIR GUARDIAN AND NEXT FRIEND, MRS. CORINE WOODS Plaintiffsvs. THE BOARD OF EDUCATION OF THE PLUM BAYOU- TUCKER SCHOOL DISTRICT NO. 1, WRIGHT, ARKANSAS, FRANK CONLEY, PRESIDENT; and JAMES K. BRADSHAW, SUPERINTENDENT OF SCHOOLS OF THE PLUM BAYOU- TUCKER SCHOOL DISTRICT NO. 1 Defendants CIVIL NO. PB 69-C-46 July 22, 1969 July 29, 1969 DOCKET ENTRIES Complaint filed. Summons issued. Marshal's return filed showing service on defendant Frank Conley by copy to his wife, Ruby Conley, Wright, Ark. on 7/24/09; and served James K. Bradshaw, Supt. of Schools of Plum-Bayou-Tucker School Dist. #1, at Wright, Arkansas on 7/26/69. August 12, 1969 Answer filed, c/s August 14, 1969 Interrogatories propounded to defendants filed by plaintiffs, c/s August 28, 1969 Answer to Interrogatories propounded to defendants by the plaintiffs filed, c/s Oct. 23, 1969 Pre-trial before Judge Harris in Pine Bluff, court trial, December 11. Set for Nov. 26, 1969 Interrogatories to plaintiffs by defendants filed, c/s Dec. 9, 1969 Answer to Interrogatories propounded to plaintiffs bythe defendants, c/s Dec. 11, 1969 Case set for court trial in Pine Bluff. Continued Feb. 8, 1971 Court trial begun before Harris, J. in Pine Bluff, 9:30 a.m. Paragraphs 12, 16, and 21 of the complaint with drawn by pltfs' counsel. Agreement reached as to paragraph 13 of the complaint. By agreement of counsel interrogatories and answers filed made a part of the record. Court in recess at 5:00 p.m. until Feb. 9 at 9:30 a.m. Feb. 9 , 1971 Court trial concluded at 4:35 p.m. Briefs to be submitted; Pltfs' - 20 days; defts' - 10 days. March 2, 1971 Plaintiffs' Memorandum Brief filed, c/s March 10,1971 June 7, 1971 July 6, 1971 July 6, 1971 ( Q Defts' Memorandum Brief filed in response to pltfs' brief, c/s Memorandum Opinion & Order dismissing complaint of pltfs c/c Notice of Appeal filed by pltfs. c/s F ' Bond for Costs on Appeal filed for $250 with Carl Brooks, Surety A true copy of docket entries I certify at Little Rock, Ark. this 8th day of July, 1971. w. h . McClellan, clerk U. S. DISTRICT COURT Bv <£/ — -* M’rynell/Begue. Deputy Clerk IN THE UNITED STATES DISTRICT COURTT FOR THE EASTERN DISTRICT OF AIUSANSAS p PINE BLUFF DIVISION ~ D LOIS THOMAS; ASIVE THOMAS; ) LUCREASLA A. EVANS; ELOIS WOODS, ) and TROY E. WOODS, by their parent ) and next friend, Mrs. CORINE WOODS; ) ERIC DINWIDDIE, DONALD R. DINWIDDIE, ) RODNEY DINWIDDIE, and DARK YE KARRIS, ) by their guardian and next friend, M rs. ) CORINE WOODS, ) ) Plaintiffs, ) ) THE BOARD OF EDUCATION OF THE PLUM ) BAYOU-TUCKER SCHOOL DISTRICT NO. 1. ) Wright. Arkansas, FRANK CONLEY. President;) and JAMES K. BRADSHAW, Superintendent of ) Schools of the Plum-Bayou-Tucker School ) District No. 1, ) ) Defendants. ) JUL 22 igc j COMPLAINT I The jurisdiction of this Court is invoked pursuant to the provisions of Title 28 U. S. C. I 1342(3)(4). This is an action in equity authorised by law, Title 42 U. S. C. i 11981 and 1983. The rights, privileges and immunities sought to be secured by this action are rights, privileges and immunities guaranteed by the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution as hereinafter more fully appears. n This is a proceeding for a declaratory Judgment pursuant to the pro visions of Title 28 U. S. C. s2201 to determine the legal rights and relations of and between the respective parties. II in A. This is also a proceeding for mandatory injunctive relief against the defendants requiring them to reinstate the teacher plaintiffs as teachers in the public school system of Plum Bayou-Tucker School District No. 1, and for such other appropriate relief as will remedy the wrong perpe trated against them by defendants, including the awarding of attorney's fees. B. This is also a proceeding for u aadatory injunctive relief against defendants requiring them to cease discriminating against black patron s of the district, as represented by the patron plaintiffs, by taking certain actions as requested below and by refraining from other acts as detailed below. IV A. Plaintiffs are all Negro citisens of the State of Arkansas and the United States. B. Plaintiff Lois Ann Thomas was employed by defendants for four years as an elementary school teacher. She holds the requisite elemen tary certification. C. Plaintiff Aeive Thomas was employed by defendants for one year as an elementary school teacher. He holds the requisite certification. D. Plaintiff Evans has been employed by the district for 27 years as an elementary teacher. She pwsessas the requisite certification. V Plaintiff Woods brings this action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure as an individual and as the parent and guardian of the named minor Negro children, on behalf of a ll black patrons of the school district. Members of this class are so numerous as to make it impracticable to bring all of them before the court; and the character of the rights sought to be enforced by this complaint is joint and common to each. VI Defendant Board of Education of the Plum Bayou-Tucker School District No. 1 is a public body corporate which operates, manages, and controls the public schools of Wright and Tucker, Arkansas. Four of its five members are white. Defendant Frank Conley is the President of the defendanE Board of Education. -2- Defendant James K. Bradshaw is the Superintendent of Schools and chief administrative officer of defendant school district. VI | The public schools of the Plum Bayou-Tucker School District No. 1 are: (a) The Rosenwald School located at Tucker, Arkansas, which has been an all-black school with grades 1 through 12. In school year grades 9 through 12 were moved to the previously all-white Plum Bayou school. The only white teacher at Rosenwald in its history spend one semester there during school year 19*6-67. There were approximately 135 students at Rosenwald during school year 1968-69. Rosenwald is to be closed during school year 1969-70. (b) The Plum Bayou School, located at Wright, Arkansas, was historically the all-white school with grades 1 through 12. In 1965-66, approx .tely five black elementary school pupils were admitted. Plum Bayou will be the only school operated by defendants during school year 1969-70. VIII The pupil population of the district includes approximately 243 black students and 73 white students. IX Ninety percent of the black students live within walking or short commuting distance of the Rosenwald School. A ll of the bUck students must be transported to the Plum Bayou School. X A. Defendants have allowed the physical facilities at Rosenwald School to deteriorate over a period of years and have refused to expend money for repairs. B. Defendants have expended several thousand dollars to purchai school buses to transport black students from Tucker, Arkansas to Wright. Arkansas. C. Defendants refuse to expend funds to make Rosenwald func tional as a school. Funds must be expended to make the PlurnBayou School acceptable to the State Department of Education. D. The defendant■' refusal to expend fund* on the previous black school, which is readily accessible to black persons and to the overwhelming majority of students of the district is an act of discrimination. Further, defendants have refused to allow plaintiffs use of the Rosenwald facility as a community center, XI Defendants eliminated athletic activities when the high school becaix e integrated, rather than field an integrated team. XII Subsequent to the limited desegregation of facilities at Plum Bayou School, black children were required to sit together in on* part of a classroom and physically separate from whit* children. This division was carried as far as the yearbook which pictured white and black students separately. XIII Parents were required to pay for texts purchased with federal funds for math programs, notwithstanding requirements that the texts be madu available free of charge. XIV Inadequate facilities and school programs have been provided for black patrons in the past and unless restrained, defendants will continue to discriminate against black patrons. Examples of such discrimination include; (1) no music or art program; (2) no toilet facilities; (3) only cold food was furnished by the district to the black school when th* white school always had hot lunches; (4) children were expelled without justification; (5) inadequate library facilities; (6) no biracial social activity Is allowed, thereby foreclosing all social activity at school for black childrens (7) no black substitute teachers were allowed at Plum-Bayou. I XV Black teachers are not given the opportunity to earn extra money as bus drivers. Only white teachers are allowed this privilege. XVI Black patrons are not allowed to visit classrooms in which their children are present. xvn Defendants have openly used the most offensive of epithets, "nigger, " in reference to black teachers in open meetings and in front of patrons of the district as well as in private conferences. XVIII Black teachers are not allowed the same leave privileges as are white teachers. XIX A. Plaintiff Evans was placed on the Title I payroll in school year 1966*67 after having taught in the district for 23 years and required to teach remedial reading, a subject for which she had been inadequately pre pared by the district. B. By placing plaintiff Evans on the Title I payroll, defendants have jeopardised her 26 years of teaching status with the district and discrim i nated against her. XX A. Defendants have published a manual of "Principles, Policies, and Objectives, " which has discriminated against the patron plaintiffs. B. Attached hereto and marked Exhibit A is page 6 from said manual which provides for three directors from the Wright community, not withstanding that the majority of patrons reside in the Tucker community. XXI The white defendants have hired relatives to work in non-teaching administrative positions in the district even though there are qualified black -5- persons and other non-relatives available in the community for employment. xxn On May 22, 1969, defendants advised several black teachers, includ ing plaintiff Lois Thomas, that their contracts for the 1969-70 school year would not be renewed. A copy of plaintiff Thomas' letter is attached and marked Exhibit B. It is typical of all of the letters sent. XXIII Defendants failed to comply with their own manual procedures and substance in that no black teacher was discharged for any reason given on page 15 of said manual; a copy of said page is attached add marked Exhibit C. XXIV In terminating plaintiff Thomas and several other teachers at Rosenwald School, defendants reduced the total faculty by eliminating only black teachers. Defendants terminated A sive Thomas in 1968 so as not to hire a black P . E. instructor and coach. XXV In terminating plaintiffs, defendants failed to objectively evaluate their qualifications with the qualifications df all white teachers employed by defendants to teach in the Plum Bayou-Tucker School District during the 1968- 69 school term or with the qualifications of teachers employed by the defend ants to teach in the Plum-Bayou*-Tucker School District during the 1969-70 school term. XXVI As a result of defendants above-stated actions, plaintiff teachers have sustained permanent loss of employment as a teacher in defendant school district solely because of their race or color in the discriminatory acts of defendants. Such loss is likely to cause them serious and irreparable injury and harm for which they have no plain, adequate or complete remedy to redre i these wrongs, other than this suit for injunctive relief and damages. Any other remedy would be attended by such uncertainties as to deny substantial relief and would cause teacher plaintiffs further irreparable injury and occasion further damage, vexation and inconvenience. ® . -6- WHEREFORE, teacher plaintiffs pray that this court advance this cause on the docket, order a speedy hearing, and upon such hearing enter a preliminary and permanent injunction which enjoins defendants from employing any additional t< achers not now employed until this matter has been duly heard and adjudicated by the Court; and which further requires defendants to rein state plaintiffs to their teaching positions. Teacher plaintiffs further pray that the Court grant them money damages to compensate them for loss of standing within the professional and academic communities, damage to their reputation in the teaching profession and in the community, and for loss of employment within defendant school district. Teacher plaintiffs further pray that the Court restrain defendants from placing black teachers on Title 1 payrolls and from removing black teachers from the regular teacher payroll; and that the defendants allow black teachers the same opportunities to earn money as are offered to white teachern; and that black teachers be allowed the same leave privileges as are white teachers; and that they be free from the derisive and abusive epithets previous ly inflicted upon them; and that teacher staffs be allowed to be reduced through attrition; and that defendants follow their own teacher handbook procedures, regarding the dismissal of black teachers. XXVII As a result of the defendants' above-stated actions, plaintiff patrons have been discriminated against, as have the students of the defendant dis trict. Such loss has caused their children serious educational detriment and * irreparable injury and harm for which they have no plain, adequate or complete remedy to redress these wrongs, other than this suit for injunctive relief and damages. Any other remedy would be attended by such uncertainties as to deny substantial relief and would cause patron plaintiffs further irreparable injury and occasion further damage, vexation and inconvenience. -7- WHEREFORE, patron plaintiff* pray that thi* Court advance thi* cause on the docket, order a *peedy hearing, and upon *uch hearing enter a preliminary and permanent injunction which enjoins defendants from further separating black and white children in classrooms or any other activity at all associated with school or extra-curricular activities. Patron plaintiffs further pray that defendants be enjoined from atten|pt- ing to implement those provisions of their "principles, policies, and objective handbook regarding the proportional representation of the Wright and Tucker c ommunitie s. Patron plaintiffs further pray that defendants be restrained from hiring relatives in non-teaching position* and provide equal opportunities to all persons in the district for employment. Patron plaintiffs further pray that defendants be restrained from disposing of the Rosenwald facility and that they be required to formulate a plan which will suit the convenience and needs of a majority of the patrons and children of the district. A ll plaintiffs further pray that because of the blatant acts of dis crimination by defendants that they be prohibited from expending any school district funds for the defense of this action but that costs of this action and its defense be assessed directly against them as individuals. A ll plaintiff* further pray that the Court grant them their costs herein, reasonable attorneys' fees, and such further, other or additional relief as is equitable and just under the facts developed. Respectfully submitted, WALKER, ROTENBERRY. KAPLAN It LAVEY 1820 West 13th Street Little Rock, Arkansas 72202 JACK GREENBERG MICHAEL MELTSNER CONRAD HARPER NORMAN J. CHACHK1N Suite 2030 - 10 Columbus Circle New York, New York 10019 By Philip E. Kaplanapian Attorneys for Plaintiffs •OARS or d i u c t m s Th* corporate name of this school district shall be “Plum Bayou-Tucker School District" as provided by law. The Board of Directors shall consist of five (5) members elected at large by the qualified voters of the Plum Bayou- Tucker School District. Since the District is composed of two district communities, it is the expressed desire and wish of the Board of Directors to have each community repre sented as follows: Wright Community - Three (3) Members Tucker Community - Two (2 ) Members Any person who is a bona-fide resident, property owner in the community, or school district, and a qualified elector of the District may become a candidate for a place on the Board of Directors by filing a petition in writing signed by twenty (20) or more qualified electors with the county Board of Education at least twenty days before the annual school election, at which time the ballot shall be closed. t The Board of Directors shall have authority to fill any vacancy which may occur in that body for the period cov ering the interval between the occurrence of the vacancy and the next annual school election. The Board of Directors at its first regular meeting after the annual school election shall organize by the election of a President, Vice President, and a Secretary from among its members, each of whom shall serve a term of one year, or until his successor is elected and qualified. The Superin tendent, by virtue of his position, shall serve as Ex-Officio Financial Secretary, and shall be bonded in accordance with State Law. The President shall preside at all meetings and shall decide questions of order in accord with “Roberts He shall have the right, as other to discuss and to vote on all ques- shall call a special meeting of the conditions set for a special meeting have In the absence of the President, the Vice Presi- perform the duties and have the obligations of No member, as an individual, may command M h i ' E # PLUM BAYOU-TUCKER SCHOOL DISTRICT N O . 1 WRIGHT, ARKANSAS FRANK C O N LEY, PfttSIDfNT J. P. MAYNARD, V»C* CLYDE ARCHER, SCCRCTARY % STfrit. i Mrs. Lola 0. Thomas 616 North Magnolia Pine Bluff, Arkaneaa 71601 Dear Mrs. Thomas: Pleaae consider this letter official notice contract will not be renewed for the 1969-70 school If I can be of any assistance to you employment t pleaae feel free to call upon Sincerely, Jam es a . a r a a s i Superintendent CONTRACT TERMINATION Teachers may be terminated from contracts for the follow ing reasons: 1. On request from contracted teacher with approval by Superintendent, and Board of Directors. 2. Insubordination. 3. Failure to meet standards of certification set by the State Department of Education. 4. For moral reasons unbecoming to the teaching pro fession. 5. In the event that a teacher becomes incapacitated physically or mentally to the point that they are unable to ful-fill his or her contracted obligation. SCHOOL EMPLOYEES A ll school employees shall be under the general di rections of the Superintendent of Schools. Responsibilities of Employees shall be: 1. To file in the Superintendents office on or before the opening day of the school year the following: Health Certificate, Social Security Number, and Bus drivers should file the number of their Arkansas Driver’s License as re quired by law. This applies to all school employees under contract. 2. Custodians (a ) To inform the Principal or Superintendent about the condition and needs of the school plant and grounds. (b ) To keep the buildings and grounds as attractive, safe and healthful as possible. (c ) To work cooperatively with all school personnel. (d ) To perform all other duties assigned by the Prin cipal or Superintendent as approved by the Board of Di rectors. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LOIS THOMAS, ASIVE THOMAS, LUCREASIA A, EVANS, ELOIS WOODS, AND TROY E. WOODS, BY THEIR PARENT AND NEXT FRIEND, MRS. CORINE WOODS; ERIC DINWIDDIE, DONALD R. DINWIDDIE, RODNEY DINWIDDIE AND DARRYE HARRIS, BY THEIR GUARDIAN AND NEXT FRIEND, MRS. CORINE-WOODS VS. THE BOARD OF EDUCATION OF THE PLUM BAYOU-TUCKER SCHOOL DISTRICT NO. 1, WRIGHT, ARKANSAS, FRANK CONLEY, PRESIDENT, AND JAMES K. BRADSHAW, SUPERINTENDENT OF SCHOOLS OF THE PLUM BAYOU- TUCKER SCHOOL DISTRICT NO. 1 NJGt0 PLAINTIFFS ) ) ) CIVIL NO. ) PB 69 C-46 ) ) ) ) ) ) DEFENDANTS) A N S W E R I. The defendants admit the allegations contained in Paragraph IV (A), (B) and (D); Paragraph VI; Paragraph VII with the insertion of the words "1968-1969" at the end of the second sentence of Sub-part (a) thereof; Paragraph XXII to the extent that it refers to three Negro teachers; and so much of Paragraph XXI as alleges that the defendants have hired rela tives to work in non-teaching administrative positions in the District, but the defendants deny each and every other material allegation set forth and contained in the plaintiffs' complaint. II. The defendants specifically and affirmatively state and allege that acting for and on behalf of the patrons and pupils of The Plum Bayou-Tucker School District they adopted a plan for elimination of the District's dual school system in response to specific directive that they do so by the ( f o - 2 - Department of Health, Education and Welfare of the United States and have, in all respects, acted in doing so in consideration of the best interests of the patrons and pupils of the District without regard to their race. The combination of the schools previously operated by the rO District and a reduction in the number of pupils in the anticipated en- rollment in the schools as .combined resulted in a decreased need for <» teachers. The plaintiff, Lois Ann Thomas and the other teachers who were not continued were dropped solely on the basis of evaluation of teacher competence and the areas of need in the combined schools which is applied in an objective manner in reference to all teachers without regard to their race. WHEREFORE, the defendants pray that the complaint of the plaintiffs be dismissed and that the defendants have their costs expended in this action. COLEMAN, GANTT, RAMSAY & COX 11th Floor Simmons National Building Pine Bluff, Arkansas, 71601 By c , \ e t iP ________ '^Tporneys ror the Defendants CERTIFICATE OF SERVICE I, Jeff Starling, one of the Attorneys for the defendants herein, do hereby certify that I have served a copy of the above and foregoing Answer upon the plaintiffs herein by mailing a copy thereof, postage prepaid, addressed to Walker, Rotenberry, Kaplan & Lavey, 1820 West 13th Street, Little Rock, Arkansas, 72202, and Jack Greenberg, Suite 2030-10 Columbus Circle, New York, New York, 10019, this 11th day of August, 1969, as their Attorneys. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LOIS THOMAS, ASIVE THOMAS, ) LUCREASIA A. EVANS, ELOIS ) WOODS AND TROY E. WOODS, BY ) THEIR PARENT AND NEXT FRIEND, ) MRS. CORINE WOODS; ERIC DINWIDDIE, ) DONALD R. DINWIDDIE, RODNEY ) DINWIDDIE AND DARRYE HARRIS, BY ) THEIR GUARDIAN AND NEXT FRIEND, ) MRS. CORINE WOODS PLAINTIFFS) ) VS- ) CIVIL NO. ) PB 69 C-46 THE BOARD OF EDUCATION OF THE ) PLUM BAYOU-TUCKER SCHOOL ) DISTRICT No. 1, WRIGHT, ARKANSAS, ) FRANK CONLEY, PRESIDENT, AND ) JAMES K. BRADSHAW, SUPERINTENDENT ) OF SCHOOLS OF THE PLUM BAYOU- ) TUCKER SCHOOL DISTRICT No. 1 DEFENDANTS) ANSWER TO INTERROGATORIES PROPOUNDED TO DEFENDANTS BY THE PLAINTIFFS Come the defendants and for their answers to the interrogatories propounded upon them herein by the plaintiffs state: Interrogatory No, 1. State for each public school in the district for the 1967-68 school year: (a) grades served by each school; (b) planned capacity of each school; (c) average class size for each school- (d) number of black pupils enrolled in each grade at each school; (e) number of white pupils enrolled in each grade at each school; (f) number of white children taught by black teachers in classroom settings, excluding Title I teachers; (g) number of black children taught by white teachers in classroom settings, excluding Title I teachers. Answer: See attached list. Interrogatory No, 2 State for each public school in the school district the same information requested in question one (1) above, but for the 1966-69 school year. Answer: See attached list. - 2 - Interrogatory No. 3. State for each public school in the school district the same information requested on question one (1) above, but as projected for the 1969-70 school year. Answer: See attached list. Interrogatory No, 4. For each teacher or administrative personnel employed by the school district for the school year 1967-68 state the following: (a) name; (b) school in which employed; (c) race; (d) age; (e) grades taught or area of administration; (f) subjects taught; (g) educational background, including degrees received; (h) certification; (i) years of teaching and/or administrative experience; (j) years of teaching and/or administrative experience within school district. Answer: See attached exhibit. Interrogatory No. 5. For each teacher or administrative personnel employed by the school district for the school year 1968-69 state the information requested in question four (4) above. Answer: See attached exhibit. Interrogatory No. 6. For each teacher or administrative personnel to be employed by the school district for the school year 1969-70 state the information requested in question four (4) above. Answer: See attached exhibit. Interrogatory No. 7. State the name and race of all teachers and administrative personnel employed by the school district for the school year 1967-68 who were not rehired for the school year 1968-69. Answer: See attached exhibit. Interrogatory No. 8. Supply the stated reason for discharge or refusal to renew the contracts of all those persons listed in response to question seven (7) above. Answer: Sharon Johnson, Violetta Chavis, Martha Douglas, and Otis Archer did not sign new contracts for the 1968-1969 school year of their own accord. Hunter Douglas and Asive Thomas were not recommended for re-employment by the Superintendent because their teaching competence was unsatis factory. \ i u s , n «*i M K , t, y i\»%»b . S l a l « * ikt«* . »iul r « u «* o l «»ll and administrative personnel employed by the school district for the school year 1968-69 who were not rehired for the school year 1969-70. Answer: See attached exhibit. in terrogatory No, 1 0 , Supply the stated reason for discharge or refusal to renew the contracts of all those persons listed ip response to tjiiesiipp nine (II) p|iMW. Answer: Ellis Ramsey, Elizabeth Ramsey, J. O. Porter and Jean C. Edwards did not accept re-employment for the school year 1969-70 of their own accord. Virginia Greeno was not recommended for re-employment because of unsatisfactory performance as a teacher. Dora Thomas, Armenia Kidd and Lois G. Thomas were not offered re-employment because the unification of the schools in the district resulted in a decrease in the number of teaching positions available, and upon the basis of an evaluation made by the Superintendent of the district as referred to in the answer to Interrogatory No. 11. The teaching competence of these teachers was found to be the least of the teachers available. In te rro ga to ry H o . 11. State whether or not the defendant school district regularly employs any general objective criteria to determine whether or not teachers and administrative personnel shall be rehired. If yes, state such criteria, when adopted and when effective. Answer- No written objective criteria has been adopted by the district prior to April of 1969. When the Board of Directors of the district determined to unify the two schools in the district, it became necessary to evaluate the available personnel in order to determine upon whom the reduction in force would fall. Mr. James K. Bradshaw, one of the defendants, and the Superintendent of the School District, prepared the list of criteria to be used in determining teacher competence and applied this criteria in eva uating the personnel of the district. The nature of the criteria is set forth in the response to Interrogatory No. 12. Interrogatory No. 12. Supply copies of forms or evaluation forms which contain the criteria described in question eleven (11) above. Answer: See attached exhibit. Interrogatory No. 13. State whether'or not each teacher not re hired in school year 1967-78 was evaluated in accordance with the criteria described in question eleven (11) above. Answer: No. Interrogatory No. 14. State the same information requested in question thirteen (13) above for teachers not rehired in school year 1968-69. Answer: No. - 4 - Interrogatory No. 15. State the same information requested in question thirteen (13) above for teachers not rehired in school year 1969-70. Answer; Yes, except those teachers who, prior to the deter mination of the criteria and their application, had indicated that they would not accept re-employment in the district for the succeeding year. Interrogatory No, 16. State whether or not the defendant school district had an affirmative policy of assigning Negro teachers and administrative personnel to positions in predominantly white schools for the school year 1967-68. If so, set out such policy, indicating when it was adopted and the names of per sonnel affected thereby. — -swer: Yes. The district has consistently followed the guide lines established by the Department of Health, Education and Welfare concerning desegregation of the public schools. The district executed and returned to the Department of Health, Education and Welfare its Form 441-B agreeing and assuring that Department that it would abide by the applicable require ments for such plans contained in the statement of policies issued by that Department. The agreement on the part of the district, and its activities pursuant to the guidelines was approved by the Department of Health, Education and Welfare. Interrogatory No. 17. State the same information requested in question sixteen (16) above for the school year 1968-69. Answer: See the response to Interrogatory No. 16. An identi cal agreement was made by the defendant district with the De partment of Health, Education and Welfare for the school year 1968-1969. Interrogatory No. 18. Supply a list of all persons with whom plaintiffs' qualifications were compared, who made such com parison, in what respect the qualifications were inferior to those of incumbent teachers or new employees, and whether the school board made an independent review of the comparison of qualifications, if the same was made by administrative per sonnel. Answer: See the answer to Interrogatory No. 12. The findings and evaluations reflected upon this report as made by the Super intendent, James K. Bradshaw, were reported to and reviewed by the Board of Directors. Interrogatory No. 19. Set out in full or attach copies of any records, papers, forms, documents or memoranda relating to the evaluation of plaintiffs' teaching and/or administrative qualifications, made by any employee of the school district, or any member of the school board. Answer: See response to Interrogatory No. 12. There are no other rec ords, papers, forms, documents or memoranda relating to the evaluation of plaintiffs' teaching and/or administrative qualifications. - 5 - Interrogatory No. 20. State the same information requested in question eighteen (18) for all black teachers not rehired for school years 1968-69 and 1969-70. Answer: No written evaluations were made of teachers prior to April of 1969, and there are no papers, records, forms, documents or memoranda known to the defendants relating to the evaluation of the black teachers not rehired for school years 1968-1969. The answer to Interrogatory No. 19 is applicable for the school year 1969-1970. Interrogatory No. 21. Supply the same material requested in question nineteen (19) above for all those persons named in response to question twenty (20) above. Answer: See' answers to Interrogatories Nos. 19 and 20. Interrogatory No. 22. Set out in full or attach copies of any records, papers, documents or memoranda relating to the evaluation of teaching and/or administrative personnel employed by the defendant school district during the school years 1967-68, 1968-69, and 1969-70. Answer: As indicated in response to previous interrogatories, no written evaluation of teaching and/or administrative per sonnel was employed by the defendant school district for the school years 1967-1968 or 1968-1969. The only written record, paper, document or memoranda relating to the evaluation of these personnel is shown in response to Interrogatory No. 12. Interrogatory No. 23, Set out in full or attach copies of any written memoranda of meetings or discussions between teachers, principals and/or other administrative personnel: (a) regarding the evaluation of any teacher or administrator employed by defendant school district, and (b) regarding the hiring, rehiring or non-hiring of any such teacher or administrator for the school years 1968-69 and 1969-70. Answer: There are no written memoranda of meetings or dis cussions between teachers, principals and/or other adminis trative personnel regarding the evaluation of any such employee or the hiring, rehiring or non-hiring of any such employee for school year 1968-1969. All information for school year 1969- 1970 is reflected in the response to Interrogatory No. 12. Interrogatory No. 24. Attach copies of the dismissal letter sent by defendants to plaintiffs. Answer: See attached copies of letters from the defendant, James K. Bradshaw, on behalf of the defendant school district. Interrogatory No, 25. Attach copies of the dismissal letters sent by defendants to all persons employed during 1968-69 not rehired for 1969-70. Answer: See attached copies of letters from the defendant, James K. Bradshaw, on behalf of the defendant school district. - 6- Interrogatorv No. 26. Set forth the names and race of all teachers in the district who have taught subjects or grades for which they were not certified at the time they taught those subjects or grades, for each school year from 1965-66 through school year 1969-70. Answer: 1965-1966 Grades or 1966-1967 Grades or Teacher's Name Race subiects taught Teacher s name Race subiects taught Mildred Blair White 4 through 6 Violetta Chavis White 4 through 6 Darrel Heath White O. L. Archer White Science 9 through 12 E. W. Ramsey White Math 9 through 12 E. W. Ramsey White Math 9 through 12 1967-1968 1968-1969 Asive Thomas Negro Social Science James H. Klutts White Math 5 through 8 7 through 12 Interrogatory No. 27. Set forth the name and race of all persons employed as teachers by the district, who at the time of employment did not possess an undergraduate degree or a full teachers certification for each school year from 1965-66 through school year 1969-70. Answer: See Answers to Interrogatory No. 26. Interrogatory No. 28. Attach copies of documents showing all academic work beyond the Bachelor's degree of all teaching and administrative personnel of the district as of May 30, 1968. Answer: The district does not maintain a transcript of its teaching personnel for graduate work. The individual teachers have been requested to provide this information, and when it has been provided to the district, it will be supplied to you. Interrogatory No. 29. Attach copies of the faculty salary schedule and/or faculty salary policies used and/or followed by the district for each school year since 1965-66 through 1969-1970. Answer: See attached exhibit. Interrogatory No. 30. Attach a copy of any faculty salary schedule and/or faculty salary policy proposed for future use in the district. Answer: See teacher salary schedule for 1969-1970. It is anticipated that this will be used in the future, although salary adjustments may be made within the frameworks provided. Interrogatory No. 31. Supply academic transcripts of all math, chemistry, commercial, music and science teachers to be employed by the school district for 1969-70. Answer: See attached list. - 7 - Interrogatory No. 32, Supply minutes of the regular school board meeting of May 29, 1969. Supply minutes of any executive session whj/h may have been held on May 29, 1969, or at any other time when the employment contracts of plaintiffs Elfingsberg, Moore, Wyrick, Williamson, and Crosa'may have been discussed. Answer: No meeting of the school board was held on May 29, 1969, nojr was there any executive session. The defendant district does not now nor has it ever to its knowledge employed "plaintiffs" by the name of Ellingsberg, Moore, Wyrick, WilUamson and Cross. Interrogatory No. 33. Set form exact salaries earned by white teachers at Chidesteh High School for subjects that were taught at Pleasan/Hill High School, including elementary grades. This/Salary comparison is to be for each school year since V966-67, excluding any remuner ation for bus driving. / Answer: The disDnct does not operate any school by the name of "Chideste/High School" or "Pleasant Hill High School", and therefore may not answer this question. Interrogatory No. 34. Set forth the exact reasons for any salary disparities between Wlack and white teachers, if any, as demonstrated in numbe/33 above. Answer: See response^to Interrogatory No. 33 above. Interrogatory No. 35. Supply the names of all teachers since 1965-66 who have been placed on Title I EASA pay rolls. For each teacher so designated, supply the year said individual was placed on Title I EASA and the total teaching experience both within the district and career for said individual. Answer: Years in Total Name Year Race District Years Lucreasia Evans 1965-66 Negro 27 27 Elizabeth Anne Ramsey 1965-66 White 4 5 Ellis W. Ramsey 1966-67 White 5 5 James Henry Klutts 1967-68 White 2 2 Otis L. Archer 1966-67 White 2 9i James O. Porter 1968-69 White 2 Artie Davis 1969-70 Negro 3 3 Maxine Clark 1969-70 Negro 13 14 - 8 - Interrogatory No. 36. State all years in which the district did not compete in competitive high school athletics. Answer: The district has not competed in competitive high school atlietics since 1966-67. except in baseball and basketball. Interrogatory No. 37. Supply the names of coaches, and designate said coaches by race, employed by the district since 1965-66. Answer: The district does not employ an instructor designated as a coach. Mr. James K. Bradshaw served in the capacity of Physical Education and Social Studies Instructor. Interrogatory No. 38. State the name of the coach at Plum Bayou School for 1968-69. State the coaching experience of said individual before hiring by the district and the total number of years employed by the district. Answer: 1968-69, Bruce McConnell, who was employed by the district for one year. No prior experience Interrogatory No. 39. State the names and purchase price of all texts purchased by the district with the assistance of federal funds. Answer: The names of the texts purchased by the district with the assistance of federal funds are as follows: Greater Cleveland Math Books Grade 1 - $1.60 Grade 2 - 1.60 Grade 3 - 2.16 Grade 4 - 2. 16 Grade 5 - 2. 16 Grade 6 - 2.16 Behavioral Research Laboratories Reading Series I & II - $1.49 each. Supplementary Readers. Interrogatory No. 40. State whether or not parents were made to purchase any texts which were purchased in whole or in part by the district with federal funds. Supply the names of such texts which were paid for by parents. Answer: No. Interrogatory No. 41. State whether or not any social activity is allowed for students of the Plum-Bayou High School. Answer: The following social activities are allowed for students of the Plum Bayou High School: Future Homemakers of America 4-H Club Junior Academy of Science Library Club Student Council The Pepettes -(students which support athletic team) Intraschool Playday Christmas Social - 9 - Interrogatory No. 42, State whether or not any black substitute teachers have ever been employed at the Plum-Bayou School. Answer: There has been no application or request from Negro persons to teach in the Plum Bayou School in a substitute capacity. Interrogatory No. 43. Supply a copy of the. district's manual of "Principles, Policies and Objectives" which is currently in force in the district. Answer: See attached exhibit. Interrogatory No, 44. Supply a list of all individuals, together with their race, who have been placed on Title I payroll by the district. Supply the total career teaching and district teaching experience of each such individual. Answer: Name Year Lucreasia 3vtms • 1965-66 Elizabeth Anne Ramsey 1965-66 Ellis W. Ramsey 1966-67 James Henry Kluttg 1967-68 Otis l . Archer 1966-67 James O. Porter. 1968-69 Artie Davis * 1969-70 Maxine ClarK‘ 1969-70 Years in Total Race District Years Negro 27 27 White 4 5 White 5 5 White 2 2 White 2 9j White i 2 Negro 3 3 Negro 13 14 Interrogatory No, 45. State whether or not plaintiff Evans has ever asked for special stipends or grants to attend remedial reading conferences or classes. Answer: Yes. 5 Interrogatory No. 46, State whether or not plaintiff Evans has ever received such stipends or grants to attend remedial reading conferences oi- classes, institutes, or sessions. ^ wer: In accordance with the historical and long-standing policy of the school district, no funds have been made available to any teachers to attend remedial reading conferences or classes, institutions, or sessions. Interrogatory No. 47, Supply copies of any petitions of school patrons in accordance with Arkansas Statutes, granting leave of school board directors to employ relatives in any year since —n s w e r An records in the subject school district are attached. Interrogatory No. 48. State whether or not plaintiffs Lois Thomas or Asive Thomas were terminated for any of the reasons, 1 through o which appear on page 15 of the district's manual of "Principles Policies, and Objectives." 3a 10 - Answer: Plaintiffs Lois Thomas andAsive Thomas were not terminated by the school district. Their contracts were not renewed, and consequently nothing in the district's manual of "Principles, Policies, and Objectives" applies to the circumstances of either of the plaintiffs, Lois Thomas or Asive Thomas. STATE OF ARKANSAS ) ) SS COUNTY OF JEFFERSON) I, James K. Bradshaw, one of the defendants in the above styled cause and Superintendent of the defendant. Plum Bayou-Tucker School District No. 1, having first been duly sworn, do state that the answers made to the interrogatories as hereinabove set forth are true and correct. Subscribed and sworn to before me this 27th day of August, 1969. Notary Public ^ My commission expires: M k <37 \ ° \ 1 ^ CERTIFICATE OF SERVICE I, E. Harley Cox, Jr. , one of the Attorneys for the defendants, do hereby certify that I have served a copy of the above and foregoing Answer to Interrogatories upon the plaintiffs herein by mailing a copy thereof, postage prepaid, addressed to Mr. Philip E. Kaplan, Walker, Rotenberry, Kaplan & Lavey, Attorneys for the plaintiffs, 1820 West 13th Street, Little Rock, Arkansas, 72202, this 27th day of August, 1969. Cox, Jr, Colem^i, Gantt, Ramsay & Cox Simmons Building Pine Bluff, Arkansas, 71601 Attorneys ffLr- the Defendants School year 1967-68 Page 1 1. (a) Tucker Rosenwald - Grades 1-8 Plum Bayou - Grades 1-12 (b) Tucker Rosenwald - Capacity - 250 Plum Bayou - Capacity- 500 Cc) Average class size - Plum Bayou - 19.5 Rosenwald - 17.8 (d) (c) Tucker Rosenwald 1st 2nd3rd 9th 5th 6th7th 8th Plum 1st 2nd 3rd 9th5th _6th7th 8th 9th 10th 1 1th 12th Negro White Total13 0 1317 0 1722 0 2219 0 1920 0 2013 0 1322 0 2219 0 19Total ~T2'8 Bayou White Negro Total7 5 127 6 139 3 > 1213 2 167 l 86 6 128 5 135 9 98 19 279 17 217 19 213 13 16Total T S 0 (f) Elementary - 27 High School - 18 (g ) Elementary - 29 High School - 89 Answer to Interrogatories No. 1 Page School year 1968-69 2. (a) Tucker Rosenwald - Grades 1-8 Plum Bayou - Grades 1-12 (b) Tucker Rosenwald - Capacity - 250 Plum Bayou - Capacity - 500 Cc) Average class size (d) Tucker Rosenwald(e) Negro 1st 1U 2nd 133rd 17itth 195th 25 6th Ik7th Ik 8th 17 Plum Bayou White 1st k 2nd 103rd 9Uth 75th 7 6th Jk7th 3 8th 7 9th b 10th 6 1 1th 2 12th 6 (f) Elementary - 27 (g) Elementary - 33 Plum Bayou - 13.5Rosenwald - 15 .75 White Total 0 lit 0 13 0 17 0 19 25 0 lit 0 lit 0 J 7 Total " O 33Vx Negro Total 8- 12 5 ; 157- 163 10 k 113 79 12* 1227 3315 21 12 lit14 20Total 183 ' High School - 11 High School - 80 Answer to Interrogatories No. 2 School year 1969-70 Page 3 (a) Plum Bayou School - Grades 1-12 (b) Plum Bayou School Capacity - 500 (c) Average class size - Plum Bayou School - 25.2 (d) Plum Bayou School(e) Negro White Total 1st 20 10 30 2nd 17 7 2k3rd 19 8 27Uth 2'2. 11 335th 21 10 31 6th 25 6 J5L.7th 17 5 22 8th 20 2 229th 31 6 37 10th 12 3 15 11th Ik k 18 12th 10 2 12228 7k ~~302--- (f) Elementary - 27 High School estimate - 17 Total - kk Cg) Elemeitary - 12k High School - 10U Total - 228 Answer to Interrogatories No. 3 Sc ho ol Y ea r 19 67 -6 8 ( b ) ( c ) M Edith Workman Plum Bayou W k5 7-12 Sharon Johnson Plum Bayou W 22 3rd Mildred Blair Plum Bayou w 58 k - 6 Elizabeth Ramsey f- Plum Bayou w 27 Reading Voletta Chavis Plum Bayou w 2 it k - 6 James H. Klutts Plum Bayou w 22 7-12 Martha Douglas Plum Bayou w 26 8-12 Otis L. Archer x Plum Bayou w 1*0 9-12 E llis W. Ramsey Plum Bayou w 29 7-12 Hunter R. Douglas Plum Bayou W" 29 7-12 Mary K. Measeles \ Plum Bayou w 23 7-12 Robbie Keith Plum Bayou w i+8 2nd Juanita Moore Plum Bayou w 56 1st Nancy W. Rosen £ Plum Bayou w 2k l*th James K. Bradshaw Plum Bayou w 38 1-12 Artie A. Davis Tucker N. k9 5-8 Lucreasia Evans Tucker N k8 k - 8 Asive Thomas Tucker N 5-8 Lois G . Thomas Tucker N 1st Althea A. Gordon Tucker N 62 2ndJean C. Edwards Tucker N 5-8Annteet Brown Plum Bayou N 2 7 9-12Althia W illis Plum Bayou N 5k k - 6Maxine Clark Tucker N k3 k t hArmenia Kidd Tucker N 3rd I f ) ( ? , ) M U ) ( j ) English BSE H/S 6yr Cert. 11 10Elem.Ed. BSE Elem.6yr 0 0 Elem.Ed. BSE Elem.6yr 36 25Reading BSE Elem.6yr k 2Elem.Ed BA Emerg.Cert. 3 uMath BS Emerg.Cert. 0 0 Home Ec. BS H/S 6yr. 3 3Sci. BS H/S 6yr. 7 1?Soc.Sci. BSE H/S 6yr. 3 3 P.E.,Soc. BA Emerg.Cert. 0 0 Sci. BSE H/S. 6yr 0 0 Elem.Ed BSE Elem. 6yr 13 13Elem.Ed BSE Elem. 6yr 29 15Elem.Ed BA Elem. 6yr. 0 0Adm. BSE H/S 6yr 13 12 English BSE Elem. 6yr 1 1 Reading §QcgSci ElSmIEd. BSE BSE Elem. 6yr Emerg.Cert. 25 2 252 BSE Elem.6yr. 3 3 Elem.Ed. BS Elem. 6yr 15 1 Math BS H/S 6yr cert. 7 5Coram. BS H/S 6yr Cert. 5 1 Elem.Ed. BS H/S 6yr Cert. 33 20 Elem.Ed. BSE Elem. 6yr Cert. 12 11Elem. Ed. BSE Elem. 6 yr. 22 15 Answer to Interrogatories No. 4 Sc ho ol Y ea r 19 68 -6 9 U"> <UbOCOto (a ) (b ) (c ) (d ) Edith Workman Plum Bayou W k 6 Mildred Blair Plum Bayou w 59 Elizabeth Ramsey Plum Bayou W 28 James H. Klutts Plum Bayou w 23 Virginia Greeno Plum Bayou w 25 Otis L. Archer Plum Bayou W k l E llis W. Ramsey Plum Bayou W 30 Robbie Keith Plum Bayou W Li 9 Juanita Moore Plum Bayou W 57 Nancy W. Rosen Plum Bayou w 25 James K. Bradsho - Plum Bayou w 39 Artie A. Davis Tucker N 50 Lucreasia Evans Tucker N li 9 Lois G. Thomas Tucker N Althea A. Gordon Tucker N 63 Jean G. Edwards Tucker N Annette Brown Plum Bayou N 28 Althia B. W illis Plum Bayou N 55 Maxine Clark Tucker N LiLi Armenia Kidd Tucker N Dora Thomas Tucker N Bruce McConnell Plum Bayou W 23 Janet Dye Plum Bayou W 2 li J 0. Porter Plum Bayou W 60 (e ) ( f ) Cg) (h) ( i ) ( j ) 7-12 English BSE H/S 6yr 12 11k-6 Elem.Ed. BSE Elem 6yr 37 26 Li- 7 Reading BSE Elem 6yr 5 3Math -7-12 BS Emerg.Cert 1 18-12 Home Ec BSE H/S 6yr 3 07-12 Sci BS H/S 6yr 8| 2\9-12 Soc.St. BSE H/S 6yr k k2nd ElemEd. BSE Elem.6yr I k lh1st Elem.Ed. BSE Elem.6yr 30 16kth Elem.Ed. BA Elem.6yr 1 i 1-12 Adm. BSE H/S 6yr I k 135-8 English BSE Elem.6yr 2 2 Li- 8 Reading BSE Elem.6yr 26 ' 261st Elem.Ed. BSE Elem.6yr k k2nd Elem.Ed BS Elem.6yr 16 25-8 Math BS H/S 6yr 8 69-12 Comm. BS H/S 6yr 6 2Elem. Ed.U-6 BS Elem.6yr 3k 21hth Elem.Ed BSE Elem.6yr 13 123rd Elem.Ed BSE Elem.6yr 23 165-8 Soc.Sci BSE Elem.6yr 0 07-12 BSE H/S 6yr 0 03rd Elem.Ed. BSE H/S 6yr 0 07-12 Science BSE H//S 6yr 1 1 Answer to Interrogatories No. 5 Sc ho ol Y ea r 19 69 -7 0 VO 41bO (9P< (a ) Edith Workman Mildred B lair James H. Klutts Otis Archer Robbie Keith Juanita Moore Nancy W. Rosen James- K, Brads he Artie Davis Lucreasia Evans Althea Gordon Annette. Brown Althia W illis Marine Clark Bruce McConnell Janet Carroll Allison ( b ) (c Plum Bayou W Plum Bayou W Plum Baynu w Plum Bayou w Plum Bayou w Plum Bayou w Plum Bayou w w Plum Bayou w Plum Bayou N Plum Bayou N Plum Bayou N Plum Bayou N Plum Bayou N Plum Bayou N Plum Bayou W Plum Bayou W Plum Bayou W vO (d) (e ) 1+7 7-12 60 1-6" 21+ 7-12 1+2 7-12 51 2nd 58 1st 26 1+-6 1+0 1-12 51 i+-6 50 1+-6 61+ 1+-6 29 9-12 56 1-12 1+5 i+-6 21+ 7-12 21+ 3rd 21+ 7-12 <f> (g ) (h) ( i ) ( j ) English BSE J i/ S 6yr 13 12Elem.Ed. BSE Elem.6yr 38 27Math BS Emerg.Cert 2 2Science BS H/S 6yr 9| 3|Elem.Ed. BSE Elem.6yr 15 15Elem.Ed. BSE Elem.6yr 31 17Elem.Ed BA Elem.6yr l j l i Adm. MSE H/S 6yr 15 1*+ Elem.Ed BSE Elem.6yr 3 3Reading BSE Elem.6yr 27 27Elem.Ed. BS Elem. 6yr 17 1 3Comm. BS H/S 6yr 7 3Lib.El.Ed. BS H/S 6yr 35 22Elem.Ed. BSE Elem.6yr 1U 13P.E. & S.S. BSE H/S 6vr ,1 1 Elem.Ed. BSE H/S 6yr. - 'i-A Soc.Sci BSE H/S 6yr 0 0 Answer to Interrogatories No. 6 Page 7 1967-68 7. Sharon Johnson Voletta Chavis Martha Douglas - Otis Archer Hunter Douglas Asive Thomas 1968-69 8. Ellis Ramsey Elizabeth Ramsey Virginia Greeno Lois Thomas Dora Thomas Armenia Kidd Jean C. Edwards J. O. Porter White White White White White Negro - White - White - White Negro Negro Negro Negro - White Answer to Interrogatories No. 7 and No. 9 * * * ^V'irmr.-. jr o — i ’ I c îTrniA ?o:i rsAc: A?raAiSAL 1. Teacher Coapat-incy. 2. Ability to maintain clfib^rooa discipline. 3. Teacher-pupil rclationohip. h. Teachcr-teaehcr relationship. 5. Willingnas* to coop.irat*' with total school program. 6. Humber of yeara teaching experience. Answer to Interrogatories No. 12 May 22, 1969 Mrs. L o la G. Thomas 616 North MagnoliaPine Bluff, Arkansas 71601 Dear Mrs. Thomas: Please consider this latter official notice that yo-ar contract will not be renewed for the 196y-70 school year. If I can be of any assistance to you in finding future employment, please feel free to call upon this office. Sineerelv. James K. Bradshaw Superintendent Answer to In terroga tories No. 24 • a. I-* .1 W- L •w. r̂r.Cw ' y, Hay 22, 1969 Mrs . Dora Thcr.'.G 5900 West Holicy StreetPine Bluff, Arkansas 71601 Deer Krs. Themes: Pletse consider this letter official not—o«s th.i>- your contract will not be renewed for the 1SC9-70 school year. If I can be of sr.y aaeistar.ee to you in f i r . c i r i j future employment, please feel free to call upon this office. Sincerely, Jf.jr.es K. Bradshaw Superintendent Answer to In ,terra§atari*# N«. 25 — J » Cii'bea St - i a e S l u r f , -V--'-' 71101 D eer i: is 3 C re e s e : PlOfiCG c c r s i . r V‘ ;^S ^ . L'ZC- . . . f i e i n i n o t ic e th a t co n trac t u i . l l '.. jC 1 . - i:ci- ...c ISC3-70 cchco l y I f I can he o f : ..y .. i o y ea in f in d in g c..■'ilcyr-c.r.t, e l - .nsc f- : tO 1-11 this o f f i c e Sine o r e ly , » — u«sn»vji i s . . ̂. w - v a A p r il. 19CS ' . r . &sr»%c? Dov.rlao . .’r l 'ji'i ‘C f A r - - -i Tiii -> Dor.i' tou s lae : i.O;. t your S ir c c . ' . ’j , t; re •5> SALARIES OF TEACHING PERSONNEL 1966-67 1967-68 Robert J . H a ll - 4200.00 Armenia Kidd - 4800.00 Jean C. Edwards - 4908. 00 Maxine C la rk - 4800.00 A s iv e Thomas - 1800.00 - 4§- M os. E velyn D en iston - 4850.00 L u creas ia Evans - 4500.00 M ild red B la ir - 5628.00 L o is G. Thomas - 4200.00 Sharon Jons on - 1911.00 - A r t i e Davis - 4000.00 A lth ea B. W i l l i s - 4889.00 Maxine C lark - 4300.00 A nnette Brown - 4850.00 Armenia Kidd - 4350.00 Jean Edwards - 5660.00 A lth e a Gordon - 4350.00 A lth e a Gordon - 4850.00 O tis A rch er - 5000.00 L o is G. Thomas - 4700.00 M ild red B la ir - 5136.00 Lu creas ia Evans - 5000.00 Martha Buchanan - ± 7 5 0 .0 0 Hunter Douglas - 4500.00 A n n ette Brown - 4350.00 Robbie K e ith - 4980.00 V o lc t ta Chavis - 4000.OC Martha Euchanan - 5250.00 E ve lyn D en iston - 4350.00 A r t i e Davis - 4500.00 A lth ia W i l l i g - 4339.00 A s iv e Thomas - 4300.00 E d ith Workman - 4639.00 E liz a b e th Ramsey - 5000.00 E l l i s Ramsey - 4350.00 Kathryn M easeles - 2132.60-4 Robbie K e ith - 4489.. 00 " Juan ita Moore - 5030.00 Juanita G. Moore - 4539.00 Henry K lu tts - 5500.00 E liz a b e th Anne Ramsey -,500.00 O tis A rch er - 5500.00 Jcirrus V. Anders on 6500.00 E d ith Workman - 5130.00 L . Heath - 4650.00 E l l i s Ramsey -5S30.00 to Interrogatories No. 29 and 30 Nancy Rosen V o ie t ta - 5000.00 Mos .os . Chavis 1968-69 1969-70 James K. Bradshaw - $8500.00 James K. Bradshaw - $9900. Armenia Kidd - 5300.00 M ild red B la ir - 6336. Maxine C la rk - 5300.00 A n n ette Brown - 5550. A n n ette Brown - 5350.00 M axine C la rk - 5500. Jean C. Edwards - 61S0.00 A r t i e Davis - 5200. A lth e a Gordon - 5350.0.0 Janet Dye - 5200. Lu creas ia Evans - 5500.00 A lth e a Gordon - . 150. A r t i e Davis - 5000.00 Robbie K e ith - s a. v . L o is G. Thomas - 5200.00 Eruce McConnell - 5200. Ju an ita G. Moore - 5580.00 Ju an ita Moore - 5789.. Henry K lu tts - 6000.00 C a r r o l l A l l i s o n - 5000. V ir g in ia Greeno - 6000.00 Nancy Rosen - 5200. Janet Dye - 30S5.00 - 7 Mos. A lth ia W i l l i s - 5589. Bruce M cConnell - 5000.00 E d ith Workman - 5839. J . 0. P o r te r - 5300.00 Henry K lu tts - 6500. Dora Thomas - kSOO.OO Lucreas ia Evans - 6000. A .lth ia W i l l i s - 5380.00 O tis A rch er - 6000. Nancy Rosen - 5000.00 Robbie K e ith - 5U8O.0* E l l i s Ramsey - 6339.00 E liz a b e th Ramsey - 5500.00 ' M ild red B la ir - 6132.00 E d ith Workman 5630.00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 i 1 *} 1 T ra in in g f. Tl'ACH^R SALARY 1969-70 ■.Mir"; S a la ry SCHEDULE Annual In ertu si. up to 10 year’s s e r v ic e dn tr ' Onty Ma .v f nura B a ch e lo r 's decree but not f u l l y c e r t i f i e d $4500.00 $50 00 $900.00 S5900.00 B a ch e lo r 's degree f u l l y c e r t i f i e d | 5000.00 50.00 900.00 6400.00 M aster ’ s d ecree | 5500.00 50.00 900.00 6900.00 Dipt oma o f Advanced Study 6000.00 50.00 900.00 7400.00 Superin tendent and P r in c ip a l - S a la ry to be determ ined by Board o f Of roe to r s Annual Teachers s a la r ie s payable i f funds arc a v a i la b le . Answer to Interrogatory No. 29 otimber 1 1 , l?6l ARKANSAS A G R I C U L T U R A L A N D M E C H A N I C A L C O L L E G E COLLEGE HEIGHTS. ARKANSAS xaBo-.KiynS, Jara-s Henry •.......— — Imi«* uf Al;• iri<'i|];i|i««it AiMiKcrth. L itt lo iiC'Ok, ’.ri.-nz-'S. ■ . * ----- ----- --- ItTAv T Li?.* n i I l i r l h. ] ) ; , 1 3 * J . •-T . *, J , - ..... . !l:f. Or;." .1 «. ■i..... oj* iiinii. Ltttln .ac .'j Arv "s gg _. g-*. . . S a m , - of | W i l l • !•, i ' . ' . r e . A , . 1 , K l u t . t s li"U-n:.;> Ailiiiiiiid on ( ■••nt l;.Js i'r.»::i: ,n Hose c ity , H, Sch, at un Ho. L it t le Hock, Ark,l?6l College entrance Test Prog. rtead-adv.form B. 13.0 ^ath-a iv.fona uB 10.8 oalilL Mental .-later U.l4 r c r c c r O o f b - i- . o o . - L . L . . C T w . Fn^licb !• C-iin. bci* 1 Algebra *> bh.*s;:.istry 1 beo.vjo try .’ ny sics 1 Aivjr. ..is t* Manual 2.5 Civics X band 0 i io b iiy .<tco;io or jcxxel.e work DEPT. CATNO. Biol 103a Chen lClra Ing 103a .'■lath : 163 For 112 2ngr 112 ? a 101a H u s [ 171a Bath 163 Hath 113 o r .g 1C 3 b Biel 103b Ingr 152 P 6 1 101c. p 3 io l 103b ^ i . ath 113 ; Hist 203b ! w ^or 21)3 j ^ ? O T 203 ;i p T? W lOld 213a i m Chcm 10.!; a Phys 20l;a F o r 212a For •><: Chs.p. \ ■ - ,T>%■***ÂA 2 -:>o ;;ath 1 1 3 •<; i uiiB (.1 ri</, .. •n_. ' -»ti . A. -*( : 1* SupL A i d '.ciuier ■irkV'rr i:o j-.'• l’ • r . * m > r r i : Fall Selector 19 ̂ 1 —62 ôn notary Inorga.'iio Fr.sh Comp College Algebra Ir.trod to .’’or j Mech Draw B^sic S k ills ! Band Spring D--..V. ' r 1551-62 ! C o lle g e Al- . -ra I Plane 1- . -n.virntrv I ..apr,i ,1 Dot ■ Bnri.. i rv- , i i - “ ' c ? c ( ? c >1 ."resni.ar. -onpesition General ot-.ny - D ra ft in ; ' -g -nco ■Semester 1562-63 1 Botany , j3 Trifononetry 3 History o f the US C tor Products Indus D " I o.t. Tor .Mensuration 2 '~ l f ’• Tennis 3 .'a ll Semester 1963-61) C- v y in g ..organic Chemistry .■.oral Physics .ideology . or .-'ire Prev ^Control c.' ic Probation I - '.j.'.aral Chem istry -r.yin-.‘-a r in g Problem s -a n e ra l P iiysics Plana Trigonom etry •• . HI U It. . I Iu Ij |*m rE 7 - 2 9 - t l i l 2-26-65 Scaoolf! 4-12-67 i-22-L7 >C O k .P T Hist 103b Survey o f C iv iliza tion B 3 • Probatior* .Lraovoc 6- 2 -6 40 • Fall Z -TO;•Aar 19„u-o5 3 ' Hist 103a Aî Vr.y r ivilization C C) Chen 2 1 !) ’ uant An . -'■■is C2 Hr.-l 20Ja Inplish . itarature D Ch err, C: r.n hh2 221 Kistorv o: Ay.'IC." :.-.~i 2ijb '"ne.xir cry itirns AiCadc:r.„c .-'rouatici. 1— 30-65 Gorin* Homester 165!--65 Hear. Ar. nv 1 Ar.cr L it o; 3 0 , 2 1 3 \ r 0 1 3 li )■ 0 3 Lngl 253 T-ch r i t in a Hut. 333 j J _ . j Spch 123 =i’h ' i ( -i :in g 101 g Miscelx.-.n. no Snorts rath 123 A m ly t i r-.l fecgit- t ry Probation B-o.noved 6 -H- P’a l l z.jr;ir£ t o r 1 9 6 5 -6 6 Chtdir* 30 i;a Organic Cb im istry c c c c A TT It 2 h 3 Chem BOBa Physical Onenistry Math 213 Calculus I 6 B 223 Intro to Business Chem 2 31 Lab 0 1 ?, ssworking r.caaf/.ic F ieb a t io n 1-22-66 tipring -enester 15 6 5 -6 6 Boom 3Q2*b Organic Chemistry Cbe-m 606b Physical Cnemistiy r.it". l o j Cdlu .-n A l.c b ra .V.tn 223 Calculus I I ? -i 203 Health . S a fe ty l’-1*-' .’.tinovccl 6—2-c>6 First Dv_-v,...-r Term 1966 A.atr. 3 1 3 Ihociy of equations C. Ccon 2Oja Price of ucononics c* C ii l b I ioli<*iiili]f ills Jills.,;! I mil (Vrtilk-.t i.N ili«tl«*;ilt'<l. • i I r , A r k . 0-1V-G7 6-19-67 rtillcMj |«» lit* ;i fui'ivfi 1 j'.wist'rij.' i An 11'— . 7̂ , X . /6 Vy 17.5 3 3 3 3 1 3' o 3 3 Form AAM-6V4 1 M—7-65—59495—Ark P A L Co. A R K A N S A S A G R I C U L T U R A L A N D M E C H A N I C A L C O L L E G E CO LLE G E HEIGHTS. A R K A N S A S Name. Address. KLU'IVS, Jamas Henry ___________Card J 2_______ Date of Matriculation. Dcgrec_ Date of Birth------------ Place of Birth----------- Name of Parent_______ Date Granted- Major— Minor---------- RECORD O F HIGH S C H O O L W O RK Admitted on Credentials lroin: ( 1) ----------------------------------------------------- ------ ( 2) -------------------------------------------------------- Memoranda SUBJECT U NITS SUBJECT : U N ITS SUBJECT 1 U NITS • Total _ RECORD O F CO LLE G E W O RK DEPT. CAT. NO. T ITLE OF COURSE GR. 6EM . HRS. DEPT. Math 353 Joao.vi Summer iem 1966 Modem Abstract Alg I * 3 - Ghent 312 Chemical Preparations A 2 Chen 413 Fall Senester 1966-67 Adv Inorganic * c Chem 323 Qual Organ Anal F 0 IChen 404a Physical Chem 4 Math 333 Calculus III 3 Math 493 Irtaep Study:Coll Gecm G 3 ‘ Math Ac. 413 idcmic Probation 1-21-67, iSpring Semester 1966-67 1 Differential Equations ! 3 Geol 103 Geology 3 P E 123 First Aid A 3 Chen 493 Indep Stuc: Organ Qual C 3 T ITLE OF COURSE DF i<AN -C r.you .v. c i i IL JUjUtU: ja ; e -31-67 IlonoraMc dismissal unless eontrary is indicate*.. Certified to he a correct transcript. ......$ -3 ’/_ / . r (1 legist car) SI*A T T. 0)1 (.! 1M—T-67— 137991— Record of AGRICULTURAL, MECHANICAL AND NORMAL COLLEGE PINE BLUFF. A R K A NS A S STUDENT'S PERMANENT RECORD N-f-. J12.CZI__ Admitted So '-."Thor 8 .1 9 3 8 Home Address Route 1, 3cx 7-A - Sherrill, Arkansas Graduated________ ! N y " 3 , 1 9 6 2 D -tiP «_________ f l « S o Major Business Education Minor Education Birth v1V 19.1340 _£!?"__urkr-nsas_______________ Giurch Preference Member Parent «>r Guardian Address ’ r . '* ,rr a . A1 irx Crorn___________ ________ _ Route 1 , - cr 7 -A - S h e r r i l l , Arkansas C O U R S E HOURS PER WEEK u a <cc o C R . PO IN TS COURSE NO. DESCRIPTIVE TITLE ow tc ei ■X i/l a X SUJ F a l l S n e s t e r , 1 9 5 8 - 5 9 ?E d 1 1 1 p h y s i c a l E d u c a t io n 2 l G l Ed 111 O r i e n t A G u id a n c o 2 l a 2 Hun* 132 I n t r o t o H u m a n it ie s 3 3 c t ■Path 141 G e n e r a l M a t h e m a t ic s 4 4 0 c S c i 142 P h y s i c a l S o i e u e e 3 •1 4 c Eng 1 3 1 A E n g l i s h C o m p o s i t io n 3 3 c 3 S p r in g S e ise s t e r , 1 9 5 3 -5 \ Ed 112 O r i e n t A G u id a n c e 2 1 A 5 PE d 112 P h y s i c a l E d u c a t io n 2 1 c i E i o l 1M B i o l S c i e n c e 3 U h c K 132 E n g l i s h ' 'o p p o s i t i o n 3 3 G A : c . i 121 K y g ie n o 2 2 T>•» ?!■* S S c i V ’?. S o c i a l S c i o n c o ' k D C s u i iN R s E S s io i r , 1959 BEd 3 3 1 ‘ 15itSj-d>38 hfci/ 8 3 C 3 E du 3 3 1 Itvca G r th t ; D c v o lo p m e r i f i ,0 n / P e l l S o n a s t o r , 1 9 3 9 -6 0 I'h d 221 . - . y p o . . s i t in g w 5 2 D L BEd 2 3 1 S h o r th a n d 3 3 A 9 IN d 2 3 1 H a th o f F in a n c e 3 3 C 3 E c o 231 P r i m o f R c o n o a ic a 3 3 D 0 S p a 21+L E l . , >. . r a i c h k >+ B 0 r ■ H U S - 'E S T 'A , 1959-GC S p a 242 4 4 3 8 M a th l* J -t • th c ? I ’ ’ n a n c e 3 3 C 3 B id 2 M2 P e e r B rand 3 3 0 3 I . I d 2 .2 c i t i n g 5 2 B 4 I 'o o 232 -O-Ja.C i0 3 . . . 3 :3 D Q / / / / > / / / / / / / / / / / ! / / / / / ' / C O U R S E DESCRIPTIVE TITLE .-dU 331 33S3 P A L IS PrEC3LS.f?a.C'ia-l£jJf' Hr.:?.u Gvc./th h D ovaltp Ilia t A Fa’iU3 Soo Taduc SBI'ESTN, 1960-6\ OfTico Nachines HOURS PER WEEK Edu 231 Educationa l Psychology 2 3 1 " ‘ - - BEd 3 2 1 KEd Gao HAdn " : '3 '^ d 'du Bid Edu Sco Ai"h T 2 5 ' 223 1 232 230 332 420 421 330 240 231 r r / n Business English Typo'.Titing Accounting Shorthand 'GJJEIEI 1960-61 ■Siisty id -.cation Human phy Goog Prir, of Accounting In tro io L ite ra tu ra Shorthand _ r a 3i.y?3gi..n isjai-^a Audio Via I- jfc Omen i'a Tout A ".a c -S ao A merican In s t itu t io n Y N a v i- j tf C ra fts / / / / V /////// l 1 1 1 3 3 3 3 32 3 3 2 2 3 3 3 to Z O < Ol COURSE NO. o 3 6 Eng 229 3 6 BAdra 434 tdu 460 C 3 / / / / / B 6 D 0 C O U R S E DESCRIPTIVE TITLE SPRING ScAtSTiH 1961-62 1 1 0 4 6 / . Public Speaki’-g 2 Nath. Teach, Pus. Sub;) 3 D irected Teaching g // G R A D U A T E D / / / val Mo to o f ' < Sum It ’ s E.-.ruodj .n cc rip tj S o C ' HOURS PER V/EEK ..cu B o i l s G p h ip p u 2 3 G / / 0 12 / , II- KANSAS STATS TEACHERS CCLLSCk RECORD SHEET fmm .-'iv-laad, “rl.nnsre ;:S ;• 2ci tv.ro 7.0 4 .0 A . C' 1.0 1.0. l.C 0 . 5 1.0 1 . C 0 .5 V o *5 0 „ 3 Class: TU Years 1344 No____ Name._ ,JlTQhcr.,..£tJU ______fc_____ ________ Son.J/v I*. O. lA ttJo.ilook...................... ........... G-nuiit^"1®.?** Dirth: DateP*"?.- S, 1520 |'|iu.,. England, Parent (or Guardian), •'•Ito Arefrar ________ _______ Address: Street .2 '? P '-c . Par-tor......... P. O .-A v-v? } ’. v ■ ■ .............. .........State- Date of Entrance..... Cesober Z C . 1 .................... 1 10.0 Graduation: Date...... ■Mo-o o f A .*• ’ • Second Setae vie;*, 1 ■" E-l'v 3 f.v ’ ’etrieo 3 C 234 Hist - ■ i.-.v . 13-14 3. 3 203 B io l - -.'. ' 7. .1 'J o l - y 3 C, 330 Poy Aiua Pr-y jac lc j r - .'..onVfcion 4 D 142 Clan Gen Choral a iry •T:.! .’’0 7 : d;i • crr.'tic s' "3 ~ C' CTL. ’ . "-•■••J5.CS■•a nr.l ■'•d'.nca-tioa Hr r. t ° ■ .r.o 7'‘■or, 1543-1.7.: * 11 i :vc -1 :■ .. r.-.lo- 3 T • ’•37b a-rir-.-; "-.r. a.C 7 .-15.47(01) 4 u *h*;r. •' t.... . ' ry ;A ;; ' 4 0 •' i O J Dr/w Gcr Hr/ ;ir;S Second Cere. ator, 1S43-? 04S:c rath CcaLkI' :o<. “Tatti 3. 3 420 Pay As;/ cf or.at .ty 1 0 110b n M-i Elen Vypoiny 3 D 333 Jour 2isic Jo r.-n. end Co;: '.:-1047 3 3 331 ? Ed Theory ol •csuotball?-v/s "'■" 'j .1 r3i03 <4)3 142 Ch ci Ganovcl 2/• Yrrorv - v. ' ■ v.isha T.ol Go-.srr* 3:- ■ - -y?^y ;.l . o»y — ■ Mr so Sursior T.t p, "Aero Civil •• •_• : : • ilatior.o 3 0 231 olol ii Pi*!-/: ■ ~S~. 3 Course 3 r. Z> ZZ Kdu Visij 1 v"*::- •r-'-’ Coe r.d Sur-or Mr n. ” • •3 1 431 0 f £?C ? c y •--'Ilf-* ’ "C.. lory -V Pirci 3o~.cct.ir, 194 3-1 A.VO . - 3 0 423 11 ol ‘.ic. 71 c e /j Y'.v • :.icn ' • .7 ■ - • 5 0 233 3iol V,al .-.o ’ :.:-yo C .. Z o *‘co ■'ori-'l V'-.t. nlo~/./r 3 0 oC.O ’•: .A > __________ • • -rririr .*» t Tc c oe’Jn • ^ t’i ••or?”. ; story Dejf re:*.. 1. Answer to Interrogatories No. 31 PETIT!-'. . C.i XTV X. . LCT. SAT 0:- ;. .U U .n VE « . A 5C! COL 30.2 iD 1E'3E* i r n c c c r d a r .c e w i t h S e c t i < r. 8 0 -5 0 9 p e r t s r e p h 2 o f T .r k e r .s * s S c h e - . l L a o s t / 3 . d ^ To the ’ hi-', j : you-fucker School Bo-.rdj V.e, c l u-dcrsijTed electors o f the ?lu-< Bayou-Tucker Oohoel D is tr ic t i-o. 1, o f J e f f fs '!■ C- u t y , f b r s s , hereby cousert to the enpley.er.t o f CT--.tlT-.l hi iTtO.VT -iiKTT.it 'S or e -o1oyec o f the sohn l d is t r ic t . I , -~C I ' . ! -r V/> O , 5o so le ly s’..e. r -ho- ti n fa vc t ie o c 'r s •• 6:~‘s\:s <o ti c 'V .v « - e t i t i r. ir y prese: ce or uthorieed their ! ■ : es to a -l-.c-.-d there : ay c iv. th e ir tores-, ce •. r<3 c e r t i f ie d th- t they re . l.-otrrs cu- l i f i . d t; v c c i r eh.- u- 1 sch 1 e le c t ! r X ... ’^7- k________'___________, 10C5. 2 4 . ■' PETITION FOR THE EMPLOYMENT OF A RELATIVE OF A SCHOOL BOARD MEMBER in accordance w ith S e c t io n 80-509 paragraph 2 o f Arkansas School Laws To the Plum Bayou-Tuckcr School Board: VJc, the unders in;ncd e le c to r s o f the Plum Bayou-Tucker School D is t r ic t No. 1, o f J e f fe r s o n County, Arkansas, hereby consent to th e employment o f ANNETTE G. CROWN as an em ployee o f the sch oo l d i s t r i c t . 1 # ' ) ' ■ / / / . o ' - - / -'• ■ r , - / ' { (,/ > / . > / ' ^ 1 25. 0 . ' • . a ) L S’ 2 . : ! . 1 : , / v 1 . ( ' y j > ; /26-1 . / s z A J \ - r 3 . , / ■ ' / /. . 7 " ^ ' “ V . 6 , :• •✓ y: -< ?. ( l . / ; . - / / ' 28. ' / / ■ /_ • . 5. . / : ! 29 . '/ : y \. ... V 6. • - , , / ( 30. •/ v’,-.— V R.. <7 h ^ ( ' C^n t -C 7 ' f • [ ! o I ' W f / s . / 32 . ? c . - 9. ■< • , / . >' / ../■ . > y : 10. ________3^. .£-> /■’ y r. Z > : : . / 11. ■ r~ / 35 • ' - - ' ■ / 1-' 12 . • 2 / 36. C . ^ •-< / ’ _ »— J / / •7 '/✓ . 13. ■ 37. C ✓ * 3S : ^ > V v .V J / - i - ' 15 . f >v ^ * ( . v ; / 53. - ' t / T _ ! , Q ' /' - ' • > J1‘ <:’/■'‘ t - - — 16. __ / V. / / “ v • ' • »“V // -t ii lv 17. — k . 1 .s. ■ /• • •• • . / S ' V ^ k . . ' o -k k 19. ~ 3 - ' ^ / o r\ . l iU . ■ , , ' . v , . r.-, c . ^ -» V 7 ; > / />_/■ 0 9 L6 . ■ ' 22 . < 7 . ' • je .k y .- ii- / 2 - , . L r s . y ; / - , • / .... / /• / . / , do so lem n ly s .ear t. lul t £ I'-G o ', j OV *'■ 1; j v . u .1 ' t.'.c: above o « t i t ion in my pros one c o r auchorie V.' i.o ;, • :.cccl rIv.rc-cr. by r* r in -;h: i r ;>r.,£o nee ..r." c a r : i . •.< V .'IT; c l. i . C C C) iT c C li *. 12. jL i. C 1 to v o te in the annua 1 sch oo l e le c SION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LOIS THOMAS, et >1., PLAINTIFFS V*. THE BOARD OF EDUCATION OF THE PLUM BAYOU-TUCKER SCHOOL DISTRICT NO. I, ( f r i g h t , A rk a n s a s , a t • ! . , DEFENDANTS. ANSWER TO INTERROGATORIES PROPOUNDED TO PLAINTIFFS BY THE DEFENDANTS_____ Come the p la in tiffs and for their answers to the inter rogatories propounded upon them herein by the defendants statei Interrogatory Ho. 1. Is i t the contention o f Mrs. Lois Thomas that she is a more highly qualified teacher than a l l o f thu other ten (10) teachers mho were retained by the District? I f your answer is yes, specify which o f the ten (10) teachers retained by the D istrict are less qualified than Mrs. Thomas and state in specific detail the basis for your answer. Answert It is not the contention o f Mrs. Lois Thomas that she is a more highly qualified teacher than each and every one of the other ten (10) teachers who were retained by the Dis tr ic t . Interrogatory No. 2. You have alleged that Mrs. Evans has suffered damage because the D istrict placed her on the T itle ]. payroll, although her salary was increased and she has acquired new and useful sk ills beneficial to her teaching status. 8tate the specific damages which Mrs. Evans has incurred in reference to the D istrict placing her on the T itle 1 payroll. Answert Mrs. Evans' contract states that she w ill be paid, " i f funds are availab le ." It is the act o f the defendants in making her position subject to the ava ilab ility o f federal funds, and thus removing her from the security o f the regular payroll that has damaged Mrs. Evans. Further, the D istrict has CIVIL ACTION No. PB 69 C—46 refused to pay for the acquisition o f any new sk ills necessary for Mrs. Evans to perform properly in her position as a T itle 1 teacher. Mrs. Evans found it necessary to expend her own money to acquire these necessary sk ills . Interrogatory Mo. 3. Do you object to the standards or criteria -utilized by the Superintendent and the Board o f Educa tion of the Plum Bayou-Tucker School D istrict Bo. 1 to objectively evaluate and to rank teachers so as to determine what teachers would be retained by said School District? I f your answer is yes, specifica lly state your objections to each standard or c r i teria so utilized . Answert P la in tiffs do object to the standards and c r i teria utilized by the Superintendent to rank teachers. It is the contention o f p la in tiffs that whatever criteria or standards there were, were not applied objectively and evaluations were thus discriminatory. In addition the evaluator did not have a sufficient basis and experience viewing each teacher in order to properly evaluate. The evaluation factors are so limited, and each one so broad in scope, that they are not indicative o f any teacher's worth. Further, evaluation o f the persons closest to the teachers were ignored and the remaining evaluations lose whatever forcefulness they might have had. Interrogatory Mo. 4i Assuming the standards or c r i teria mentioned above in Interrogatory No. 3 were utilized and applied in a non-discriminatory manner, do you contend that they are basically unfair or diacriminatory? I f your answer is yes, state in deta il, in what manner, way, or particulars you con sider said standards or criteria to be unfair and discriadnatory. Answeri See answer to No. 3, above. Interrogatory No. 5. You have alleged that the defend ants have allowed the physical fa c ilit ie s at the Rosenwald School to deteriorate over a period o f years. In what particu lars were the physical fa c ilit ie s allowed to deteriorate and i f this was a result o f certain damage, what appears to have caused the damage. MSJ2££» Th® evidence which w ill show the defendants’ action in allowing the physical fa c ilit ie s o f Rosenwald School to deteriorate are in the possession o f defendants. That is to say, the fa ilu re to nake capital ij^roveaents and necessary maintenance repairs are known to the defendants because o f their possession o f a l l budgetary figures. More specifica lly , a to ile t fac ility was not installed in the Rosenwald School Until the last year o f its operation. A heating plant was not Installed until the last two or three school years. The school was not painted. Simple maintenance functions such as waxing o f floors was not done. This failure to make even the most basic o f maintenance repairs caused accelerated physical deterioration. Interrogatory Wo. 6. You have alleged that the defend ants have required black children to s it together in one part of a classroom and physically separate from white children. State the names and addresses o f the teacher or teachers who have imposed this policy and the date o f such imposition and the par ticu lar classrooms in which this policy was isposed. Answeri Segregated seating was required by Mr. John 0. Porter, whose address is unknown to the p la in t iffs . The seating was required during his tenure as a teacher. interrogatory Ho. 7. You have alleged that children have been expelled from school without justification by the defendants. State the name o f each child or the names o f the children which have been expelled from the school and the stated reason for such expulsion and the date o f each specific expul sion. fensweri 1. Thomas Grant. School Year 1967-68, for not shaving. 2. Shirley Ann Strickland, School Year 1967-68, allegedly because of pregnancy. 3. Robert Johnson, School Year 1968-69, allegedly for mental deficiencies. 4. Murleen Grant, School Year 1966-67, reason unknown. 5. W illie Grant, School Year 1968-69, allegedly for insubordi nation. 6. Jirasy Paul Jones, School Year 1967-68, reason unknown. 7. Zlois Woods, School Year 1969-70, for various reasons, a l l known to defendants. 8. Troy woods. School Year 1968-69, allegedly for insubordi nation. 9. Several other children whose naaes and reasons for suspen sion or expulsion have been requested by subpoena fro* the school administration. Pull details are not known at this time by p la in tiffs of a l l suspensions and expulsions during the current school year. interrogatory Mo. 8. Are you aware o f any applicant who was declined employment as a bus driver for the D istrict by the defendants a fter having made application with the defendants. I f your answer is yes, state the news and address o f each app li- j cant and the date o f his or her application and the date when said applicant was denied employment as a bus driver for the District by the defendants. Answeri 1. Mildred Banks, Tucker, Arkansas, application. School Year 1967-68, denial same year. 2. Cedine Morris, Tucker, Arkansas, application August. 1969, denial August 1969. 3. Boss Bryant, Tucker, Arkansas, application August, 1969, denial August 1969. Interrogatory Mo. 9. You have alleged that black patrons are not allowed to v is it elassroo*s in which their ch il dren are present. State in detail the specific occurrences upon which you base this allegation providing the names and addresses of parents who M rs denied such v isitation rights, the teacher who so denied said rights, and the naaes o f the children who were involved and the date o f the specific occurrence or occurrences. I Answert Mrs. Corine Woods was denied permission to v is it the classroom in which her child was present in the Mall o f the school year 1966-67 by Jams K. Bradshaw. interrogatory Mo. 10. You have alleged that the defendants have openly used the aoet offensive o f epithets, "nigger,* in reference to black teachers in open Meetings and in front o f patrons of the D istrict as well in private conferences. State the specific date and place or occasion When such epithet was used by defendants and the names and addresses o f the person or persons present when the epithet, "nigger," was so used by the defendants, and the specific defendant who used said epithet. Answeri Janes K. Bradshaw uaed the offensive epithet in M arch . 1969, at a teacher workshop in Tucker, Arkansas at the Rosenwald School. He used the sane epithet a second tine in a meeting with the parents o f the nosenwald children in April. 1968 at Wright, Arkansas. Clyde Archer, a oeaber of the School Board, used the sane epithet in A pril. 1967, in a public meeting at Wright, Arkansas. He again used the epithet in a public meeting in Wright, Arkansas, in A pril, 1968, and has used the same epithet in public on several other occasions which cannot bo defined with more specificity at this time. Interrogatory Mo. 11. You have alleged that black tea- chers are not allowed the sans leave privileges as are white teachera. Specifically state the names and addresses o f those teachers who have been denied leave privileges by the defendants, the grounds for the leave, the reason tor such denial and the date that the leave was denied. Answen Mrs. Artie Davis was not allowed funeral leave I with pay, for a funeral she attended in September 1968. The reasons for the denial and the actual date of the denial are best known to defendants. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION —i- ) ) ) ) ) ) Plaintiffs,) ) ) PB-69-C-46 ) ) ) ) ) ) ) ) ) Defendants*) BE IT REMEMBERED, That the above-entitled cause came on fo r hearing on its merits before the Honorable Oren Harris, United States District Judge, in the Federal Courtroom, Federal Building, Pine Bluff, Arkansas, on February 8, 1971. APPEARANCESZ For the Plaintiffs: WALKER, KAPLAN, LAVEY & MAYS Attorneys at Law 1820 West 13th Street Little Rock, Arkansas 72202 By: Philip E. Kaplan and Ted Goodloe O LENN H. PERRIN Of f ic ia l Co u rt R rfortkr F ederal Bu ild in g EL. Do rad o . A rkanrar t i 7Go LOIS THOMAS; ASIVE THOMAS; LUCREASIA A. EVANS; ELOIS WOODS and TROY E. WOODS, by their parent and next friend, MRS. CORINE WOODS; ERIC DINWIDDIE, DONALD R. DINWIDDIE, RODNEY DINWIDDIE, and DARRYE HARRIS, by their guardian and next friend, MRS. CORINE WOODS, v. THE BOARD OF EDUCATION OF THE PLUM BAYOU-TUCKER SCHOOL DISTRICT NO. 1, Wright, Arkansas, FRANK CONLEY, President; and JAMES K. BRADSHAW, Superintendent of Schools of the Plum Bayou- Tucker School District No. 1, I 1 ! 2 3 4 5 5 7 8 9 10 11 12 13 For the Defendants: COLEMAN, GANTT, RAMSAY & COX Attorneys at Law P. 0. Box 8201 Pine Bluff, Arkansas 71601 By: Jeff Starling APPEARANCES (Continued): Glenn H« Perrin, C.S.R, Official Court Reporter 201 Federal Building El Dorado, Arkansas 71730 ii GLENN H. PERRIN Of f ic ia l Co u rt Reporter Federal Bu iu m im EL Do rad o . A rk an sa s 7 itso 1 2 3 4 5 G 7 8 » 10 11 12 13 I N D E X Opening Statement o f P la in t i f fs • • Opening Statement o f Defendants . • P la in t i f f s ' Witnesses: Dr. Ctj. Rd. Rx, Rd. Rx. Court James K. Bradshaw 12 99 I l l 116 Walter L itt le joh n 118 136 139 141 146 142 ! Neyland Hester 148 154 159 160 162 163 Jean Curtis Edwards 165 180 195 198 202 208 203 Asive Thomas 213 224 240 243 Lucreasia Evans 246 260 285 291 i Lois Thomas 295 308 !1 Corine Woods 316 322 ! Defendants Motion to Dismiss I Defendants' Witnesses: ii James K. Bradshaw 329 — i Althea Gordon 363 364 i James K. Bradshaw — 376 427 433 443 438 B. E. Turner 445 453 Mildred B la ir 463 468 Clyde Archer 470 — ( J. B. Maynard 473 475 Frank J. Conley 476 478 J. W. Surratt 483 486 P la in t i f f s ' Rebuttal: Jean C* Edwards 487 R* «R V j Lois Thomas 491 492 495 496 i I P la in t i f fs Rest a i-K N N H. K R R IN O f f ic ia l Co u rt M fortcr Fcorral Bu ild in o I L Do rad o . A r k an sa s 7 i t » o ! 1 2 3 4 5 6 7 8 y JO n 12 13 14 15 lfl 17 1{ U 21 2 Z 2 2 2 4 (Whereupon, at 9:37 a.m., February 8, 1971, the following proceedings are had, to-wit:) THE COURT: Pursuant to the regular trial docket, notice, the case of Lois Thomas, and others, as plaintiffs, versus The Board of Education of the Plum Bayou-Tucker School District No. 1, and others, scheduled for hearing at this time, that is PB-69-C-46. Gentlemen, are you ready to proceed? MR. KAPLAN: Plaintiffs are ready, Your Honor. MR. STARLING: Defendants are ready, Your Honor. THE COURT: Mr. Kaplan, do you care to make an opening statement for the record? I do not believe there is any information filed here with reference to Rule 9 compliance about what issues are to be taken up at this time, what has been agreed to, if any. MR. KAPLAN: Your Honor, the parties have been able to agree to drop several of the allegations from the Complaint. Plaintiffs will put on no proof and would wish to have withdrawn Paragraph 12 of the Complaint which alleges pi OLENN H. PCKRIN Of f ic ia l Co u nt Wm ontbn Pkbcral Su il o iw CL Do n a do . A m a m a i t i t w lysical separation of x ! 2 3 4 5 6 7 8 9 10 11 black and white children in classrooms; Paragraph 16 of the Complaint, an allegation regarding visitation to the classrooms; and Paragraph 21 of the Complaint, an allegation regarding relatives working in the School District* Further, the parties have been able to agree that in regard to Paragraph 13 of the Complaint regarding payment for texts that had originally been purchased with Federal funds, that that was apparently a mistake and that the persons who were required to pay will be reimbursed. Those are the allegations which are no longer in contention. Briefly, regarding the other matters, this is basically a teacher dismissal case not unlike those heard by this Court before* That is, the plaintiffs allege that three instructors, Mrs. Lois Ann Thomas, Mr* Asive Thomas, and Mrs. Lucreasia Evans, were discriminated against by this School District. The method of discrimination and the form which it I took, the allegations regarding those vary slightly.: Thus, with regard to Mr. Thomas, we allege that at the conclusion of the school year 1967-’68, the failure to rehire him was discriminatory and that he was not hired because he was a black man who G LENN H. H M I I N O m e iA L C ount P i m m l Bu i l m w ■ L OOMADO. A N U M M 7t 6 / a ^ 1 2 3 4 5 3 7 8 9 10 11 12 13 14 15 16 17 ______________________________________________________________________________ — -I------— I would have been the coach in the newly un ified Senior High School inasmuch as he was the only coach j I in the employ o f the D is tr ic t , and we w i l l show, or i w i l l attempt to show, that the D is tr ic t indeed did engage in a ffirm ative discrim ination against him. In regard to Mrs. Lois Ann Thomas, the w ife o f Asive Thomas, we a lle g e that the next school year, ’ 68-'69 ,j she did--was employed but was not reenployed for '6 9 - ’ 70 when the en tire system was u n ified , and that the c r it e r ia as they were applied to her with d iscrim in atorily applied. We make no a llega tion that the c r it e r ia that were used were in and of themselves discrim inatory. We a lle g e that they were d e fic ien t and that they were not complete enough and we a lle g e that they were d iscrim in atorily applied but not that they were discrim inatory in and of themselves. In regard to Mrs. Lucreasia Evans, we a lle g e that although she is s t i l l employed by th is School D is tr ic t , she is continuously being discriminated against in two regards. One, she is not paid for the position o f Health Coordinator, a position she held for many years without compensation, and that a white teacher is paid for that function. THE COURT: Now, what function is O LKNN H. PRRRIN Of f ic ia l Co u nt Rn f o n iin F io w a l Bu i lo in * KL Don a do , A r k an sa s 7t7*o I 6 MR* KAPLAN; Health Coordinator. Secondly, that she is currently employed on what is known as T it le I p ay ro ll, she is paid by funds from T it le I o f the Elementary Secondary School Act which funds are not as stable as the funds from the Minimum Foundation turn-back funds from the s ta te , and that i f there was a cutback in those funds,she is subject to dismissal or subject to non-renewal o f contract and that her position is , therefore, considerably more tenuous within the D is tr ic t . There are some few a llegation s o f discrim ination as i t applies to the da ily operation of the D is tr ic t regarding attitudes o f the D is tr ic t towards pupils , towards the administration o f the newly un ified D is tr ic t . Other than that, there are no a lle ga tio n s . Counsel have been able to confer before t r ia l regarding matters subpoenaed by p la in t i f fs . Counsel fo r defendants have supplied those matters for inspection and have brought a l l of those matters to the t r ia l so that they are ava ilab le for use during the t r ia l . | We have further been able to agree that certa in things are in issue and are not in issue, and during the course o f the proceedings I think that these F rdkral Bu ild in g EL Do iu d o . A rk an sa s v itr o Of f ic ia l C ourt R v o d t ir 8 X j 2 !! 3 i j 4 I 5 i 11 P 12 !l 13 ; 14 i 15 , 16 17 l 20 ;i ii 21 || 22 h |l 23 24 |l il prior agreements will make themselves evident and I will substantially shorten the proceedings. | THE COURT: Mr. Starling: MR. STARLING: Your Honor, simply in an effort to i inform the Court of some of the background of the School District and to elucidate the fact that this is in fact a teacher dismissal case, although there are other allegations which will be covered. The Plum Bayou School District No. 1 comprises an area of 5 3 square miles. It is a small rural School District. Prior to and after 1954, the School District operated a dual segregated school system. There existed the all-white Plum Bayou School, i which is located in Wright, Arkansas, and which consisted of grades 1 through 12. There also existed the all-black Tucker-RosenwaId School, which is located at Tucker, Arkansas, and which consisted of grades 1 through 12, also. THE COURT: All in the same district? MR. STARLING: Yes, sir. The two communities, Wright and Tucker, are approximately eight miles apart. These schools were, in fact, operated on a segregated basis both as to pupils and as to ! faculty. However, in 1965-1966, the high schools, in accordance with an HEW suggestion operated under GLENN H. PERRIN Of f ic ia l Co u rt R eported Federal. Buildup* EL Do rad o . A rk ansas t i t m a freedom-of-choice plan. And then starting with the school year 1966-1967, because basically most of the black students in the all-black Tucker- I Rosenwald School, had exercised their freedom-of- choice to go to the a ll-w h ite or formerly a ll-w h ite Plum Bayou High School, i t was economically unfeasible to maintain the a ll-b la ck Tucker- Rosenwald High School. As a resu lt o f th is , in the | school year 1966-1967, the School District voluntarily unitized the high school and made the Plum Bayou High School the cen tra l school s ite and I th is was to ta l ly integrated as to high school students and as to faculty. THE COURT: What year was that? MR. STARLING: 1966-'67, Your Honor. Today the single high school, that is, the Plum Bayou-Tucker— ( Plum Bayou High School is totally Integrated, and I do not believe that anyone has any questions or allegations in the Complaint in reference to that premise. The Plum Bayou and Tucker-Rosenwald Elementary Schools continued to operate on a segregated basis j I as to both students and faculty after 1965-'66; i however, on March the 28th, 1969, the School District, upon recommendations from the Pd id a i. BuiLDiMa KL Do rad o . A rk an sas t it s o __I— ! 2 i 3 4 i 5 6 7 ! 8 9 i I 10 11 12 I 13 14 15 10 17 18 19 | 20 j 21 22 23 24 : 25 -------------------------------------------------------------------------------------------------------- -I------------ Superintendent and approval by the School Beard, voluntarily, without the force of a court order, but voluntarily voted to unitize the two elementary I | schools with such unitization becoming effective beginning the school term 1969-’70. Upon a careful consideration based upon economic and educational reasons the Board voted to close the formerly all- Negro RosenwaId-Tucker Elementary School and utilize i the Plum Bayou Elementary School as the central school site. Starting in the school year, 1969-'70, j the School District operated a unitized elementary school and a unitized elementary high school. As of this date there is no longer a black or white j school, but there is only one school which is jtotally integrated both as to students and as to faculty. In 1969-'70, when the Plum Bayou Elementar^ School and the Tucker-Rosenwald School were unified, i the inevitable problem arose which has consistently faced school districts throughout the United States, that problem being the necessary reduction in the elementary teaching staff. Although the plaintiffs I have made many other collateral allegations, the | central issue in this case is whether the Plum Bayou School District, in reducing its teacher staff, discriminated against one of the plaintiffs, G LENN H. PERR IN Of f ic ia l Co u r t E l outer Federal Ru iu m n s EL Do rad o . A r k an sa s t it s o I 1 0 11 2 3 5 6 7 i j 8 9 11 1° 11 12 i 13 14 15 16 17 18 1#| 20 21 22 I I23 I |l ij 24 25 Lois Thomas, in not renewing her contract for the school year 1969-'70. Your Honor, I believe that in starting, Mr. Kaplan I I and I have agreed that certain interrogatories, both those propounded by the plaintiffs to the defendants and both those propounded by the i defendants to the plaintiffs which are filed with l the Clerk of the Court, we would like those, of course, to be introduced into evidence and neither has any objection to the introduction of those j documents, so they will be a part of the transcript. THE COURT: They will be part of the record. Is there any issue, gentlemen, now with reference to utilization of certain of the facilities? The Complaint and the record |includes objections to closing the Rosenwald School, and in view of what Mr. Starling has just said, that the high school at Rosenwald was closed beginning with the ’66-’67 school year, and the elementary school at Rosenwald was closed beginning with the *69-'70 school l year, and the Complaint alleges certain derelictions of the School Board in maintaining the facility as it should and contends there are certain discriminatory practices G LENN H. P IR R IN Official Court Rvo rtri Fkdsral Guildins EL Dorado. Arkansas titss tsradsnaw - uirect 12 5 7 8 1 10 11 12 i 13 14 15 16 17 18 19 20 21 22 | 23 24 , 23 in with reference to that facility. Is there s t i l l any issue on utilization of the schools? MR. KAPLAN: Your Honor, because of the passage of time and intervening events, we do not wish to have as a part of our prayer any relief which would require the reopening, remodeling, or usage of the Tucker-Rosenwald School as a school facility by th is School District. We may put on some slight b it o f evidence concerning that facility as back ground evidence o f discrimination, but nothing more. THE COURT: Very well, you may proceed. MR. KAPLAN: Thank you, Your Honor. Mr. Bradshaw: JAMES K. BRADSHAW. ca lled as a witness on behalf of the plaintiffs, being first duly sworn, t e s t i f ie d as follows: DIRECT EXAMINATION BY MR. KAPLAN: Q- Mr. Bradshaw, t e l l the Court your name and address, please. James K. Bradshaw, Wright, Arkansas. Mr. Bradshaw, what position do you hold with the Plum Bayou-Tucker School District? Superintendent o f Plum Bayou-Tucker School District. How long have you held that position? A. Q. A. Q. OLJEMN H. PCRftIM Official. Court — w w Pbbrral Bu k w iw CL Dorado. Am a war t it w 4 L 1 2 3 4 5 6 7 3 D 10 11 12 13 14 15 16 17 18 10 20 21 22 23 Bradshaw - D irect A. Since 1 9 6 6 - ' 6 7 . Q. Did you hold i t that fu l l academic year? A. No, s ir , the last--commencing April the 4th. i Q. Who was the Superintendent immediately before you? j A. James V. Anderson. Q. And is i t true that he unfortunately passed away during iI that school year? A. That is correct. I Q. And you took over the duties from him? i A. Yes, s ir . Q Had you already been employed in the district? A. Yes , s i r , I had. j Q. And in what capacity? a . I h a d worked as Physical Education teacher, Social Studies, and acting as Head Teacher. Q. At the — I A. Plum Bayou-Tucker High School. Q. A l l r igh t. And that was at the school in Wright, is ! that correct? A. That is true. Q. A l l r igh t. Had you also lived in the Wright community i for some period o f time? A. Yes, s ir , I had. Q How long had you actually taught in the Plum Bayou-Tucker j School D is tr ic t? O LCNN H. PCRRMM O m c iA L Co u nt Rn o u i F i o d u l Bu h m m CL Do n aoo, A m u m m ? i t n B r a d s h a w - Direct 11 A. 2 3 Q. A. Q. 7 l l 8 I 10 11 12 13 14 15 16 17 i 18 11 19 Q. A. Q. 20 21 || A. 22 Q.i11 23 :• a . |l 24 25 Q. I have had 16 years' service in the Plum Bayou-Tucker School District counting th is year. And have those 16 years been continuous? Yes, s ir , they have. j Prior to your assumption o f the ro le o f Superintendent, in what areas o f endeavor did you possess your I certification? I I attended Arkansas State College o f Arkansas at Conway receiving a Bachelor's Degree. I a lso attended Peabody College for one summer picking up approximately seven hours, and have also been in attendance to Arkansas i iUniversity, F a y e tte v ille , one summer, and then I attendedj | a summer session at the Graduate Center in L i t t le Rock. And are you--do you have a c e r t if ic a t io n from the [ State Department o f Education? I have a Master's Degree with approximately 18 hours in ' School Administration. Now, prior to your assumption o f your duties as Superintendent, were you c e r t i f ie d as Physical Education teacher o r-- Yes , I was. Where did you have your c e r t if ic a t io n ? What f ie ld ? My in terest was in Physical Education with a minor in Socia l Studies. And were vnu c e r t i f ie d to teach in both o f those areas? O LENN M. PCItNtM O m c iM . C o u rt K v o m a n S M L BUILMM EL Do rad o , a m u n m » i m I ” 1 M 2 3 4 5 i . ! I j 7 8 9 10 11 12 13 14 15 IS 17 18 B r a d s h a w - Direct 15 A. Yes , s ir , I was. Q. In both o f them? A. Yes, s ir . Q. A l l r igh t. And since that time have you been c e r t i f ie d with an Adm inistrator's C ertifica te? A. I have gained 18 hours in School Administration which I am permitted to work in administration by the State Department in the size school which I am working. j Q. R ight, in a small school d is t r ic t lik e th is ,— ! A. That is true. q. —“but you do not possess an Adm inistrator's C e r t if ic a te from the State? A. At the present time I do not have. Q. Okay. At the time that you took over your duties as Superintendent, were there any black teachers at the ! school in Wright, and le t 's r e fe r to the former a ll-w h ite school as the school in Wright? A. Yes, we did have. We had two. Q. Who were they? A. We had a Mrs. W ill is and Miss Br<*m. a And was that the f i r s t year that they taught? A. I beg your pardon? Q. Was the 1966-'67 school year the first year that they taught at the white school? A. I b e lie ve Mrs. W illis and Miss Brown was there in__________ OUENN H. PCR It IN O ff ic ia l Cou nt R b p o n v u PCDCMAL BUIUMMO EL. DONAOO. A MCA MSA* T ITM B r a d s h a w - Direct 16 * i i 4 5 6 ; 7 || 8 9 ii i j 10 I! Ii| 11 i| 12 il 13 14 15 16 -! 18 IIII 19 Q. A. Q. A. Q. A. a A. 20 2 1 !! Q- 22 'j 23 ' 24; 1965-’66 school year. What did they teach? Mrs. Willis worked in the area of elementary education i plus spent some time in library work. Miss Brown was employed as Commercial teacher. Miss Annette Brown is a daughter of one of the School I Board members, is that right? ! That is true. Was she a School Board member at the time? j At the time of her employment? Well, at the time she went over to the Wright community, | the white school, if you remember. Yes, I believe he was on the Board at that time, and if I recall, Miss Brown came from the Wabbeseka School to j the Plum Bayou School District. Pricr to the actual unification of the high school, did I you have any conferences with any of the black high ' school teachers concerning employment at the former white facility in Wright? I Would you repeat, please? Yes. Prior to the actual unification of the high school, which took place in 1966-'67, were you involved in any discussions with any of the faculty at the all-black Tucker School concerning their employment at the white school? __________________ GLENN H. PERRIN Official Court Wrpowtrr Pkdkral Building EL Dorado Arkanra* fitro —I I ‘ li 2 i1 3 4 I 5 I 6 | 1 8 9 10 11 12 13 14 15 B r a dshaw - Direct 1/ A. Yes, I held numerous meetings with those teachers and discussed the unification of the school and— a All right, now, we are talking only about the high school, Mr. Bradshaw, I don’t want to mislead you, in 1966-'67. Is that the first year that the high school was unitized? | A. That is true. | Q. All right. Now, were you Superintendent prior to that time? A. No, I was not. Q. But did you have meetings with some of those faculty i members? i A. At the unification of the high school, no, I did not have contact with those teachers. a I see. Now, at the unification of the high school, how j many black teachers came over to the Wright School, the } all-white school? I MR0 STARLING: Your Honor, I am going to object to that line of questioning because I feel it is irrelevant and immaterial. There are no allegations in the Complaint concerning that any of the teachers j in 1966-’67 were discriminated against in reference to the unification of the high school. As I understand the Complaint, the only real allegations concerns the unification of the two elementary______ G LENN H. K M I N Official Court R v o «m Fim ral Suildihs EL Dorado. Arkansas tits© 1 2 3 4 5 8 7 3 9 10 11 12 13 14 15 16 17 18 1» 20 21 22 23 24 25 B r a d s h a w - Direct a schools which took place in ’68-,69 or the year 18 ' 69-'70. MR. KAPLAN: Your Honor, the evidence sought to be adduced here shows the flow of what happened to all of the black teachers from the time that unification I commenced in '66-'67, and it's our intention and our feeling that all of this evidence will show a pattern of discrimination against black teachers, I and we have to start at the beginning, especially here where it only goes back two years before the actual unification. THE COURT: Well, there is a lot of information in this record, Mr. Starling, with reference to the history and background, particularly on the interrogatories and answers thereto, which includes, [ think, beginning in 1965, and you in your opening statement gave historical background. I think the Court is going to hear it. Certainly will consider only evidence that's relative to whatever issue finally develops here. MR. KAPLAN: Do you recall the matter before you, Mr. Bradshaw? THE COURT: What was the question, now? At the unification in 1966-'67, Mr. Bradshaw, of the GLENN H PERRIN O f f ic ia l Co u rt R kfortsr Fkokral Bu il o in s EL Do rad o . A rk an sa s 7 i7 »o ! 2 3 | 4 5 d 7 6 9 10 11 12 13 14 15 10 17 18 19 20 21 22 23 19 jhigh school, how many black teachers came from the former ! Tucker High School, Tucker-Rosenwald High School, over l to Plum Bayou? A. I believe at that time Mr. Anderson did have Mrs. Willis | to come over. Q. All right* And she was the Elementary School Librarian, Elementary School Teacher-Librarian, is that correct? A. Right, she worked in elementary education and library. Q. Did any high school teachers come over? |A. Well, it is my understanding that Mrs. Willis was working j i in the area of high school at the Tucker-Rosenwald School. Q. But when she came to the Plum Bayou School in Wright, she no longer had any duties in the high school, is that B r a d s h a w - Di r e c t correct? A. As far as classroom teaching, no. Q. All right. Did she have any other duties in the high school? A. None other than working in the library. Q. All right. THE COURT: Who was this, now? Mrs. who? THE WITNESS: Willis. Q. Now, the next step in unitization of the school took place in what year? '69-'70? A. '69 and ' 7 0 . _________________________________________ OLENN H. PERRIN Of f ic ia l Co u rt Reporter Federal Bu ild in o EL Do rad o . A rkambar t it r o 1 2 3 4 5 6 7 a a 10 ii 12 13 14 15 10 17 18 19 20 21 22 23 24 25 Q. Now, did you, then, as already having assumed your i duties as Superintendent, have conferences with the i faculty at the Tucker-Rosenwald School concerning unitization? A. Yes, sir, I did. Q. Can you tell us when, to your recollection, the first of j those conferences occurred, where it was, and what was said? A. Well, I do recall meetings held after the Board had decided that the schools would be unitized,— I believe jthis Board meeting was held March the 28th, 1969,— that the schools would be unitized, and that we would operate one elementary school, and at that time I did hold meetings with the teachers at both school sites and informed them that upon unification of the elementary schools that it would mean a necessary reduction in teacher force, that we did have 15 elementary teachers and that only 10 would be needed after unification of the schools. Q. Now, let's talk about student composition in each of these schools at the time of unification. Do you recall the approximate size of those first eight grades in that last part of the school year '68-'69 right before unification? A. I may not be able to give you accurate figure without G LENN H. PERRIN Official Court E■porter Federal Building E L Dorado. Arkansas 7«tso B r a d s h a w - D i r e c t 20 B r a d s h a w - Direct 1 i | 2 3 ij 4 ii j| Q. 5 j! A. 6 1 ! Q*1 7 1 8 1 9 A. 10 j Q. 11 A. 12 a 13 A. 14 Q. 15 A. 16 17 Q. 18 A., 19 Q. 20 J 21 j A. 22 23 24 li 29 Q. looking in my material, but I think in 1968-'69 there was 132 students at the Tucker-Rosenwald Elementary School. And they were all black, is that correct? That's correct. All right. Now, can you recall the figures at the Plum Bayou School, black and white? Would it help to refer to the interrogatories to refresh your recollection? If you would permit me, let me find my figures here. All right. Now, you are wanting figures for Grades 1 through 8? 1 through 8. At the Plum Bayou? Plum Bayou School. r ̂ -S^t, one second, please, sir. We had approximately 98 students. In Grades 1 through 8? That is correct. And what was the approximate racial composition of those students? I would say probably 40 percent. THE COURT: Forty percent what? THE WITNESS: Forty percent Negro; sixty percent white. All right. And that year-- O LCNN H. PKRRIN Official Cod ft IIp o f t w Pkdcral Builoim* IL Dorado. Arkansas tits B r a d s h a w - Direct ii 2 i s! Q. 4 ! Ii A. ]i 5 Q. 6 | 7 | A . I 8 | 9 Q . 10 1 a 12 i 13 14 15 A . 1« Q- 17 00H 18 A. 20 1 | 21 i Q. 22 A. 23 Q. 24 25 A. Ii II THE COURT: What year was that? MR. KAPLAN: ’68-*69. Now, that was at the Plum Bayou School, is that correct? That is correct. All r igh t. Now, total in your district for that year, •68-'69, what was the approximate black percentage? In the D is tr ic t , I would say approximately 85 percent, 80 to 85 percent. Was black? Yes, s ir . A l l r igh t. So that i f you included the eight grades over at Tucker-Rosenwald together with the eight grades that were at Plum Bayou, the ultimate percentage would work out between 80 and 85 percent black— That is correct. - - in those grades? What was the approximate size o f your black facu lty in those years, in that year in particu lar, in '68-'69? I b e lieve we had at that particular time eight teachers at the Tucker-Rosenwald School. And they were black? That is correct. And how many teachers did you have in those grades at the Plum Bayou School? I be lieve we had seven at that time, OLCNN H. P tR R IN Offic ial . Co u nt R t r o r m i WIOIKAL BU IUNM I L Don ado . A rk an sa s t i t m six white, one blacki 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B r a d s h a w - Direct Q. So then you had a to ta l in the f i r s t eight grades o f 15 teachers, nine of whom were black? A. That is correct. Q. A l l r igh t. Now, when you told the teachers that there would be some requirement for consolidation of that teaching force, did you instruct them or inform them in any way as to haw that was going to be accomplished? A W ell, yes, I met with the teachers and told them that we would need to come up with some type of evaluation form to be used in doing this. Q. Did you discuss with them any form that you had in mind? A. W ell, 1 asked the teachers at one particular meeting to help me come up with certain criteria that could be used in doing this. Q. Was that one o f your early meetings? A. Yes. a And was that in about March, late March or early April of 1969? A. Yes, s ir , i t was after the decision to unify the two elementary schools. Q. And did they supply you with any criteria? A. Yes, sir, they did. In fact, at one of the meetings, the Negro teachers at the elementary school, Tucker- Rosenwald, did suggest certain criteria to be used and c r it e r ia which they felt would be fair. eLJCNN H P IM IN Official Court W ciri' I Fidhial Suiubimd ■L Dorado. Arkansas titro 1 2 3 4 s 5 6 7 8 9 10 11 12 13 14 15 16 17 Bradshaw - Direct a Did you embody those in the criteria that you later did I use? a . Yes, sir, I certainly did. In fact, some of the criteria! ithat the teachers suggested appear on the evaluation form which was approved. a Now, had you spoken with the Principal or Head Teacher at the Rosenwald School about evaluations, also? A . Yes, sir, I had. Q. Who was that man? i A. Mr. Edwards. Q. Was that Mr. Jean Edwards? A . That is correct. Q. And was he the Principal or the Head Teacher? A . He was considered Principal or Head Teacher, a Now, did he also evaluate teachers on--using the written formulation that year? A. Yes, sir, he did. Q. And did he turn that in to you? A. Yes, sir, he did. I Q. Do you have a copy of that? II A . My attorney has. j Q. Mr. Bradshaw, I will hand you a document that has been marked for identification purposes as Plaintiffs' Exhibit 1. Is that the form that Mr. Edwards gave to you?_________________________________ GLENN H. PE R K IN O rric iAL Co u nt W o n t— P eocnal Ru iu m m n EL DONAOO. ANKANNAN TIT— 11 I 2 i i 3 | j 4 | 5 j 6 7 | 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B r a d s h a w - Dir e c t I | 25 A. a A. a A. a A. a A. Yes, sir, this is the form. Do you recall approximately when he gave that to you? No, sir, I don't recall the exact time, but it was after--after March the 28th. All right, sir. Did you later use the evaluation form that he gave you in making your own evaluations about various teachers in the District? No, sir, I did not. I did look at the form, but I did not use Mr. Edwards' evaluation. Is there any reason why you did not? Yes, sir, there is several reasons why I did not. Why didn't you? Well, at first I thought perhaps this was the best way and not such a great burden would be placed upon me, but then I actually changed my mind and decided that I would not use this evaluation, and for these reasons: First, Mr. Edwards only evaluated the teachers within his school. He did not evaluate these teachers in reference to all of the other elementary teachers, which had to be done and only I could do. I was the one that was acquainted and had been in contact with these teachers over a three-year period of time, and it was my decision, me being the Superintendent, it was my ultimate responsibility for decisions of this nature, and I would take the blame for those teachers not being a u m N M PKRR IN Offic ial . Co u nt R v o n t b i P ndcnal Bu ilo in o KL Don ad o . A nkandan t it *o i — I I 2 I1 3 4 | 5 I 6 7 8 9 10 11 12 13 14 15 B r a dshaw - D i r e c t I lb re-contracted with, so Mr. Edwards knew nothing about the qualities or capabilities of the teachers at the Plum Bayou School, so he could not evaluate his teachers in reference to all of the elementary teachers in the Plum Bayou-Tucker School District, therefore, I was the only one in position to do ttis, so I assumed my responsibility as Superintendent in evaluating all of the teachers. Q. Now, on the form, Plaintiffs' Exhibit No. 1— I am sorry, did you conclude? A. Yes, sir, I am through. Q. On that form he does not purport to rank or evaluate A. Q. A. a A. Q. A. anyone at the Plum Bayou School, is that correct? That is correct. That has to do only with the Tucker School? That is correct. All right. Now, are you saying that you did not use his evaluation even for the purposes of helping you in your evaluation with that limited group of teachers? I believe I made the remark that I did look at his evaluation, but I did not use it. He had been the teacher that had been with them all year and for several years beforehand, is that correct? Mr. Edwards had been employed there for I would say approximately five or six years. O LKNN M. PK R M N O m c w L Co u rt Rv o m w F im m a l Bu i u i m ■L. DOOAOO. A M U W M 71700 i x l 2 3 4 5 e 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 B r a d s h a w - D i r e c t I 27 Q. As Head Teacher-Principal? ! a. He had been there as Head Teacher, absent a year, and then had returned., i Q. Correct* Was absent to go into the National Teacher Corps., is that correct? A. That is correct. Q. On loan from the District? I A That is my understanding. i i Q. All right. And that was an arrangement that had been I entered into with Mr. Anderson and that is why you only j i have an understanding of it, is that correct? A. That is correct. a All right. Now, do you know, or did you ever ask Mr. Edwards if he had had, had in his possession, prior written evaluations of all of these teachers? A I did not call for such. Q. Did you know whether he had any? i A I Hid not know whether or not he had made a complete evaluation of teachers prior to this or not. I Q. Did you ever ask him? A I did not ask him. a Are the criteria that are on Plaintiffs' Exhibit 1 the same criteria that you used? A No, sir. These are not the criteria which was submitted to the Board and approved by the Board. O LBNN M PERR IN Off ic ia l . C o v e r R e o r r m P bdsnal Bu i l w m EL POOAPO. A R M N tM 7«T*0 1 2 3 4 5 6 7 b 9 10 11 12 13 14 15 lfl 17 18 19 20 21 22 23 24 25 Bradshaw - Direct 28 l Q. Are these some o f the same c r it e r ia that the black I teachers suggested in the meeting? A. These are s im ilar. i Q. Mr „ Bradshaw, during the school year 1968-’ 69, the year in which these evaluations took place, how frequently were you at the Tucker School? A. Now, le t me ask--may I ask you a question? Q. Of course. a . Are you in reference to just v is ita t io n s to the school or v is ita tion s to the school prim arily for observation I in the classroom? a Well, I am interested in both, and when you answer the question w i l l you t e l l us which one you are re fe rr in g to? A. W ell, there is times when I was in the Tucker-Rosenwald School three or four times a week, but I tr ied to make i t a practice to v is i t these classrooms at leas t once a month prim arily to make classroom observation. I Q. And how much time did you spend, to the best o f your re co lle c t io n , in each of the classrooms? | A. I tr ied to spend approximately 15 minutes. , j Q. F ifteen minutes? I A. Yes, s ir , upon v is ita t io n to the classrooms. Q. When you went into the classroom, did you ever c a ll for a lesson plan? GLENN H. PERRIN Of f i c i a l Co u rt Report — F ed eral. B u ild in o EL Do r a d o . A r k a n s a s 7 1 7 * 0 1 2 3 4 5 6 7 b 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bradshaw - Direct 29 A. Yes, I requested lesson plans from time to time. IQ. Was it your normal practice to ask for a lesson plan? I A. Yes, I would like to see primarily whether or not the | teachers were following their lesson plans. Q. Did you have a conference with the teachers at the times that you went into the class or immediately thereafter to discuss with them either what they trying to accomplish or what their objectives were or what they had actually done in that period of time? A. I usually talked to Mr. Edwards from time to time after I made classroom visitations. As far as calling these teachers in every time I made a visitation, no, sir, I did not. Q. Did you ever have any discussion with any individual teacher about anything that they were doing in the classroom or your personal evaluation of their perform- ance? I A. Well, I think at one time I did have a conference with one teacher at the Rosenwald School concerning classroom I activities. a Any others--do you remember who that was? A. I recall this being a Mrs. Dora Thomas. I Q. All right. Now, you had an evaluation form that you used, also, is that correct? A. That is correct. GLENN H. PERRIN Of f i c i a l C o u r t R epoR i er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s t i 7 so I , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Q. All right. And that is contained in the interrogatories which are in this record, is that correct? A. Yes, sir. Q. Did you have the benefit of Mr. Edwards' evaluation form prior to the time that you made up your evaluation form? j A. Prior to making up my evaluation form? i Q. Yes, sir. A. No, sir, I did not. Q. And had you chosen the items which were going to go into your evaluation before you saw his items or had you discussed the items with him? | A. We had discussed these criteria at the teachers' meetings; which I have already stated that we had held and that 1 came up with, and then Mr. Edwards submitted his report to me. Q. Do you have a copy of the-- Bradshaw - Direct 30 A. Yes, sir. Q. --evaluation form that you used? A. Yes, sir, I do. a All right. Would you tell the Court the factors or the criteria that you did use? A. Yes, sir. Teacher Competency was one of them; Ability to Maintain Classroom Discipline; Teacher-Teacher Relationship; Teacher-Pupil Relationship; Cooperative with the Total School Program; and listed was the number O L IN N H. PERRIN Of f i c i a l C o u r t R v o n n F e d e r a l B u ild im q EL Do r a d o . A r k a n s a s t it r o Bradshaw - Direct i of years teaching experience in the District. i 21 a Did you use the teaching--the number of years that a s j j teacher had taught either in the District or his total fi ;j 7 8 9 ! 10 11 12 A. Q. A. Q. experience? No, sir, I did not use that particular one. All right. So that although it appears on the evaluation form, it did not weigh in any way in your mind, is that correct? No, sir, the only way that I would have used that one was the other factors resulting in a tie then I would have looked at the number of years teaching experience. All right. Now, did you consider that although the 13 14 15 A. Rosenwald teachers had been at the Rosenwald School that they were actually a part of the same system? Beg your pardon? i i 16 17 18 19 20 21 22 23 !! 24 25 a A. a A. Q. Did you consider that the black teachers who had been at the Rosenwald School, did you consider them to have been part of the same system and that their years, if they would have counted for seniority, would have counted just as much as any other teacher? By all means, every teacher was a part of our system. So that you then used five factors, is that correct? That is true. All right. Did you break these down in any way in evaluating them? OLCNN H PERRIN O f f i c i a l C o u n t R b f o n t w F e d e r a l B u i u n i m » L Do r a d o . A n k a n n a i t i 7k X | 2 3 4 5 6 7 8 9 10 11 12 13 14 13 16 17 18 18 20 21 22 23 24 25 Bradshaw - Direct 32 A. Yes. Under Teacher Competency"I took into consideration certain factors. Q. What factors? A. Such as ability to relate to the student, the teacher's I ability to relate to the student. Also preparation, which would take into consideration academic training, such as the transcript, naturally we would have to look j at that. Also certification, that would have to be taken into consideration. And such things as whether or j not a teacher was flexible or had initiative in the classroom, that would also have to be considered. And then under "Ability to Maintain Classroom Discipline"j I think under there we would have to take into consideration whether or not the teacher had the ability to maintain control to the point where there was a mutual respect between students and students and teachers; and whether or not there was--the classroom situation was conducive to a learning situation. And then under your "Teacher-Pupil Relationship", you would have to take into consideration whether there was cooperation between the teachers and whether or not there | was— teachers were friendly towards one another. 1 felt j like that teachers should show an interest in what other teachers were doing, also sharing materials that were available for use, and by all means sharing the O L IN N H. PERRIN Of f i c i a l C o u n t R npontnn P k d in a l Ru il o in o EL DOKADO. AlHIAW A I T17NO Bradshaw - Direct responsibility within the school. And "Teacher-Pupil Relationship", 1 felt like teachers should show warmth and love for each child that they are working with, also show an interest in whatever activity the child might be engaged in. There should be mutual respect between the teacher and the student, the student and the teacher, and there should be a confidence between student and teacher, teacher and student, and by all means I felt like the teacher should have empathy. And as far as the "Cooperation with the Total School Program", this I simply meant cooperation among teachers, teachers cooperating with the administration, the Board j i of Education, in trying to meet the objectives of the I school. Q. Could you do that in your 15-minute evaluation of each teacher? A. I beg your pardon? Q- Could you do that in your 15-minute evaluation once a month of the teachers at the Rosenwald School? A. Well, over a period of three yaara I think you could i pretty well get some idea of how these teachers would fit. Q. And did you spend that 15-rainute period for the three- year period? A. I said I spent on the average, sometimes I spent more • L * N N H. PCRRIN Of f ic ia l Co u k t Rr o t w P u m h a l Bu ild i mo ■L. Don a do. A m a w m t i t m I 3 4| 5 10 j 11 i 12 13 14 15 16 17 18 Bradshaw - Direct than 15 minutes in a classroom. f Q. But all three years? i A. Beg your pardon? Q. All three years? | A. Like I say, on the average I spent approximately 15 minutes in the classroom on visitation. I| a I see. Now, let’s talk about one teacher in specific, Lois Ann Thomas. Now, with Lois Ann Thomas, do you know what grade she was teaching when you first encountered i her? a. Yes, sir, at that particular time Mrs. Thomas was employed as a First Grade Teacher. i Q. Do you know what grade she had taught immediately before that or if she had taught any other grade? A No, sir, I do not. q. You do not know whether she had— 34 A. Unless it you will give me time, I will go back and find the number of years teaching experience that she has had 19 1ji20 Q. 21 |h ! 22 f A. 23 II Q. 24 || 25 and then I can give you some idea. Well, do you know whether or not she taught the Third Grade? I do not know. And do you know whether or not she had, at the recommendation of any school official in the District, been switched from the Third to the First Grade■______ OLKNM M. W H IN O m ciAL. c o u n t R o o m F B O t L B U ILW M n . d o b a d o . a m u w m t i t *© Bradshaw - Direct- 35 5 i! 7 II 9 11 10 11 12 13 14 15 1# 17 18 10 20 21 22 ji s 23 ||ll 24 || 25 A. Q. A. Q. A. Q. A. Q. A. I d o n o t k n o w . A l l r i g h t . I would lik e y o u t o take a look at P la in t i f f s ' Exhibit N o . 1, Mr. Edwards' evaluation, where he ranks "D isc ip lin e Within the Classroom" for Mrs, Lois A. Thomas a No. 2. Perhaps before we discuss the sp ec ific evaluation, we ought to , for the record, discuss what the various numbers "1 ", "2 ", "3 ", "4 ", and "5" are in the r a n k i n g system. And No. 1, I take i t , is the highest r a n k you c a n get, is that right? Yes, that is correct. A n d that is true on both Mr. Edwards' evaluation and o n your evaluation? I That is true. A l l r igh t. Now, Mr. Edwards ranks Mrs. Lois A. Thomas with a N o . 2 in “D isc ip lin e Within the Classroom". I I notice that you gave her a No. 5. That is true. i I s there some reason fo r that, s ir? Yes, s ir . Would you t e l l us what that is? i This was based upon my personal observation and upon my classroom v is ita t io n to Mrs. Thomas' room, I found the l children were not w e ll-d isc ip lin ed and that they were not paying attention to the instruction , they were up out o f their seats moving around on several d iffe ren t OLSNN H. PCRRIN O rric iA i. Co u r t R o o m u r n a t L Ru il b iw BL POMDO. A w u w m T IT K r 3 j e t .1, - ! ) r ° ' 1 Jr ' ' • 1. 1 I n } a id t s i s 2 r■C L ̂ J v o i ’ r ° x p e r 3 y a *'■ r p- •; , f ,j V £> 4 T f 1 t i ' — ?n u •- ■. ia 1 , 5 k* h ' o I 1 o r i p e r i o d 6 c g , , t ° a c t " f*r w i l l h a v i• 7 t" i-' nt w i 11 h a v e t K e i r 8 a t r e t i or t c t h e t y p 9 f t i " i-n g a t t h a t p a r t i 10 N ov , t h e r a n k i n g t h a n t ■ <■ t w p * h e r c l a s s 12 i - *■ a t vh a t i t ir, d i 13 ! /. T ' r I < , - p a n my p e r s o i 14 \ i p 1 i n e i n t h e c 1 15 - y o u a c m u - ’ t f o r 16 e v e r v d a y r a n k e d h e r 17 F r in r L pa 1 a r i d e a d T • 18 W ° i 11 1 V Ol . r e p e a t t h e 19 V p s . O p y o u a c c o u n 20 t l' C ; - i n ' ' i m ! a n d He 21 22 23 24 25 r e s u l t e d i . i t h e 1 ' > w e r r a t i n g t h e r e . t K e i r . s e a t - ? ’ i ,• i. w o u l d i n d i c a t e h > o i b u i l d i n g e v e r . ' d a y , g a v e h e r a N o . 2 , w h i c h i s c a - ' s i d e r a h l y b e t t e r t h a n t Ke N o . b 1 w e s t r a n k i n g t h a t y o u g a v e h e r f o r d i s c i p l i n e ? I ~ i g h t a n s w e r t h a t Ln t h i s r e s p e c t , t h e r e i s a • i i f t e r e r c e b e t w e e n Mr d d w a r d s a n d m y s e l f , a n d i t s O L C N N H P E R R IN O f f i c i a l C o u r t R k f o m t u FCOEIrai B u il d in g C L Do r a d o A r k a n r a r 717BO 92,. P r a d s h aw - D i r e r t _____ ' 7 1 i] • j c i t e p o s s i b l e t h a t h e o b s e r v e d s o m e t h i n g t h a t I d i d n o t 2 oh s a r v e . 3 ^ K e l l , l e t me j u s t c T r e a t t h a t s i t u a t i o n . He g a v e h e r 4 a *N o * 1 Ln d i s c i p l i n e w h i c h i s t h e h i g h e s t , i f y o u w i l l 3 t a k e 3 l o o k a t P l a i n t i f f s ’ E x h i b i t N o . 1 , a n d y o u g a v e « h o r 1 - '• * h a t 1 am t r y i r . & t o g e t a t i s h o w c o u l d t h t a n w h o i s t h e r e e v e r y l a y g i v e h e r t h e h i g h e s t « p a s t i l l e r a n k i n g a n d y o u w h o w e r e t h e r e o n c e a m o n t h o r 9 so a n d ib s e r v e d 1 5 - L o u t e ? g i v e h e r t h e l o w e s t p o s s i b l e 10 r a n k i n g . How c a n y o u a c c o u n t tor t h a t . 5 11 1 " i g h t m s w e r t h a t in t h i s w a y , t h i s i s b a s e d u p o n my 12 1 p e r s o n a l o b s e r v a t i o n mi d i f f e r e n t o c c a s i o n s , s e v e r a l ipr^nt occasions when I entered the classroom, this 14 if- what I observed, and this resulte ! i n the weak rating 15 ! | in "Classroom Discip l ine" . 16 jj |l **• ^ 1 niJ consi ler , in raking your evaluation, that the i7;; me; who j i 1 observe her constantly, was there constantly, • hat given h e r a "1" Die that have any bearing on your 19 e > a l u a t i on ? 20 M'1' . Kaplan, I believe I t e s t i f i ed that I did not use Mr. 2i ;| Edwards ' eva Luat i in . 22 '• Or the "Teacher-Teacher Relationship" vou gave her a 23 "k". i s there sonetning i n y nir observation with the 24 ither members of the taci l tv that have l e a d you to 25 11 ij. _ .jj. ’ ’ '3r e deserve' t h e n e x t t tb.e lowest r a n k i n g ? G L E N N H P E R R IN O f f i c i a l C o u r t R e po rter f d F e d e r a l B u i l d i n g ^ *L D o r a d o A r k a n s a s mto M Rrad«haw - Oi ’-eci 10 11 12 13 14 15 Ihis " V r e p r e s e n t s a l a i r r a t i n g w h i c h I f e l t my persona! o b s e r v a t i o n o her, " T e a c h e r - T e a c h e r R e i a t i o n - s h i r " > I r<>i t t h i s w a s a f a i r r a t i n g t o r M r s . T h o m a s . 11 h o w e v e r , w a s t h e r e a n y t h i n g t h a t , w o u l d i n d i c a t e t h a t s h e i e s ^ r v e d ' r l y t i e n e x t t o t h e l o w e s t i n h e r r e 1 a t i n n h i p s w i t h o t h e r t e a c h e r s i n t h e D i s t r i c t ? W h a t w a s i t i n h e r r e l a t i o n s h i p w i t h o t h e r . f a c u l t y m e m b e r s t h a * c a u s e d h e r t o h a v e s u c h a p o o r r a t i n g ? A s t a r a s c omip.g o u t a n d p i n p o i n t i n g one t h i n g , t h i s w a s b a s e d o v e r a t h r e e - y e a r p e r i o d a n d i t w o u l d b e r a t h e r d i f f i c u l t t o i o ; h u t , " r a n k l y , on my o b s e r v a t i o n a n d my v i s i t a t i o n s o v e r t h e r e , 1 j u s t d i d n o t f e e l l i k e t h e r e w, ! ? t h e a s s o c i a t i o n b e t w e e n M r s . T h o m a s a n d t h e o t h e r c l a s s r o o m t e a c h e r s as t h e r e w a s b e t w e e n t h e o t h e r t e a c h e r s t h a t w a s t h e r e . 16 1 1 Do y o u r e c a l l M r s . T h o m a s ' e m p l o y m e n t h v t h e H e a d S t a r t il17 i Dr og r a n : II 18 ll y V p i. T 1» •» < 19 Q. \ ̂ . -J a » ' w a s t h a t - - w h o r u r o m m e n d e d h e r f o r t h a t p o s i t i o n ? 20 h I e l i e v e I m e n t i o n e d t o M r . E d w a r d s t h a t w e w e r e i n 21 ; t-1 p ' o ' s m e o n e t o w o r k i n t K e H e a ! t a r t P r o g r a m . 22 'w- Who w a - t h a t . W h a t l i d t n a t e m p l o y m e n t e n v i s i on , w a s 23 i i a f t e r s c h o o l h e t o r e s c h o o 1 , s u m m e r 7 24 - w a s i u r i i e t h e s u m m e r . 251: D u r th e s u m m e r . And w h i c h s u m m e r w a s t h a t ? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g Q U .r i n« Bradshaw - D irec t 39 il l ; j A . 2 Q. 3 A . 4 Q. 5 A. 6 Q. 8 9 A. 10 I 11 ! 12 13 Q.| 14 i| A' 15 - Q. i 16 II 17 19 20 Q. 22 23 24 A . 25 Let me just-- Please cake all oi the time you need. 1 think maybe that might have been the summer of '68-'69. immediately before her last year, is that correct? Possibly after her last year, I don't recall specifically. Now, to work in that Head Start Program, did it require any special talents, skills, or ability? What were you looking for? Well, in this particular program we were working with pre-school children which primarily preparing them to make social adjustments. She was working with approxi mately three other people in this particular job. And did she have a classroom of her own? No, they worked as a group. As a group. And were they doing things like skills with "Reading Readiness" and "Fine Motor Controls" and things like that to get children ready? Well, they had various activities, I am not all that acquainted with the Head Start Program. Now, is there some reason that you would accept someone for employment in that who you had ranked so low in both "Classroom Discipline" and "Teacher-Teacher Relationship"? There was an application made by Mrs. Thomas. I don’t recall whether or not we had any other applications at GLENN H PERRIN O rr ic iA L C o u r t R eporter F e d e r a l B u i l d i n g EL D o r a d o ___ A r k a n r a r t i t i b Bradshaw - D irec t 40 1 2 3 4 Q. 5 A . 6 Q. 7 A. 8 Q. 9 10 11 12 13 |i A. 14 1! 15 i 16 17 i! 18 19 20 Q. 21 A. 22 23 24 Q. 25 that particular time and we did need approximately four people to work in this area; therefore, she was employed by the O.E.O. Office to work during this summer. Didn't it have to have your recommendation and approval? I submitted names to the 0.Eo0. Was she qualified for that job? I assumed that she was. Can you account for--would you take a look at Plaintiffs’ Exhibit No. 1, Mrs. Cois Ann Thomas, Mr. Edwards evaluated her with a No. 1 on "Cooperative with the Total School Program" and you ranked her No. 4, the next to the lowest. How do you account for that? I m ight--I might make this remark on that, that as far as being as cooperative as the other 15 teachers that she was compared with, that's the way I felt that she would rank in this. 1 do not feel like Mrs. Thomas was as cooperative as she could have been in respect or in regard to a Reading Program which was implemented in our school. In what way was she non-cooperative in that program? We specifically stated that these materials were to be followed and these materials were not always followed in this classroom. Ann from where did you get your information concerning t h a t and in what ways didn't she follow the accepted GLENN H PERRIN O f f i c i a l C o u r t R i p o r t i * F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 3 0 Bradshaw - D irec t 41 2 A. 10 11 12 13 14 15 16 17 18 19 20 21 22 .:3 24 25 Q. Q. program or the outlined program? Well, I visited the classroom, like I have already stated, that I was in the classrooms from time to time, and other materials were being used. If I may, let me explain this Reading Program or give you some idea of the Reading Program that I am in reference to. We implemented the Economy Company's Reading Approach, we had a representative from this company to meet with us in a Teacher Workshop which involved all elementary teachers, and he was the one who gave instructions that it was very important to strictly stick to these materials and not bring in these other materials until a later date, and we found that some of the teachers w q x q not following the instructions that had been given, and it was reported to me, and I observed this in some of the classrooms. And in particular her classroom? Yes, upon observation in her classroom I did see that other materials were being used. Did you ask her-- This resulted--this resulted in the "4 ranking, which is fair. I see. N:>w, did you ask her whether she had sufficient copies of Economy for her classroom? Everv teacher was supposed to have sufficient number. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a o o A r k a n s a s 7 1 7 3 0 n a Did you know whether or not the Tucker School did have copies of Economy in su f f ic ien t numbers for their s tudents ? Had they not, then the request should have been made to me through Mr. Edwards. Did you consult with her in your evaluation or when you observed that she was not following the accepted program, did you ask her why and i f she had the materials? I did not ca l l her out and lecture on th is, but we did have meetings — No, s i r , I didn’ t mean lecture her, I meant did you ask her why she was not adhering to the program? No, s i r , 1 did not. I f I may be permitted to state th is, we did have meetings and reemphasized the importance of sticking to this material and the instructions which the representative of the Economy Company had given us. But you didn t ask her whether she herself or any of tne other teachers indeed in the D is tr ic t at the Rosenwald School had had materials su f f ic ien t for their class? I w i l l repeat again, i t they did not have, then the request should have been made known for materials through Mr. Edwards and Mr. Edwards would have been in contact with me. Well, what I am trying to get at, Mr. Bradshaw, is that when you observed def ic ienc ies with any of these GLENN H P E R R IN O f f i c i a l C o u r t R eporter F e d e r al B u il d in g EL Do r a d o A r k a n s a s 7 i7so 43Bradshaw - Direct , 0_ _ . . . 4 3 *1 teachers at Rosenwald, you d idn 't discuss any of them 2 with the teachers, did you? 3 A . I usually talked to Mr. Edwards — 4 Q- I see. 5 i1 A. --from time to time 6 Q - Would you take a look at your evaluation of a l l of the W teachers in the D is t r ic t , the 15 teachers in the 8 | ' Distr ic t? Would you t e i l me i f any black teacher ranked 9 above any white teacher? 10 A . I f any black teacher ranked above-- 1 1 ; j Q- Any white teacher. 12 A. --any white teacher? 13 j j Q - Now, perhaps--yes. 14 i A. Yes.! I S Q- A l l r igh t . Which one? Which one or ones?| 16 ! A. I think we w i l l find Mrs. Gordon, Mr. Edwards, Mrs. 17 Evans, and Mrs. W i l l i s . • Q- A l i r igh t . Now, l e t ' s discuss for the Court's benef it , 19 for the record's benef it , how the rankings were 20 achieved. How did you rank the teachers in the D is tr ic t? 21 A . Well, I had the teachers l is ted here by name, and by 22 going across, looking at each c r i t e r ia which was l is ted 23 or. th is, and taking into consideration the things which 24 il should be considered in each c r i t e r ia , I rated each 2 5 ’ - - - - i|j ' i t e a c h e r with a number, “ l " through "5M. I went on down G L E N N H P E R R IN ^ O f f i c i a l C o u r t R e p o r t e r - y j f c g j J R F e d e r a l B u i l d i n g ■ L D o r a d o A r k a n s a s t i 7 » o j W jA and went through each teacher doing th is, and a fter each teacher had been rated, we to ta l le d — I then to ta l led the points and ranked the teachers according to their points. Q A l l r igh t . And the lowest point to ta l then became the highest ranked teacher, is that correct? A. That's r ight. Q- So that i f you had a l l " l ' s " , you would be No. 1 or t ie for No. 1 with someone who had the same ranking, is that correct? A That is true. Q- A l l r igh t . Let 's just take a look at your ranking. Your f i r s t ranked teacher is Mrs. Mildred B la ir , is that correct? i A. Yes, s i r , that is correct. Q- And she's white and she was the Principal of the Elementary School? A . She was considered the Head Teacher. Q. She also taught, however, is that correct? A. True. Q. Did she furnish evaluations to you for the white teachers? Bradshaw - Direct A. She gave me her evaluation orally. Q. No written evaluation l ike Mr. Edwards did? A . No, she did not. A1l r ight . The second ranked teacher was Miss Dye, is GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r m a n i . a i n . “T Bradshaw - Direct 45 1 i that correct? 2 A. That is correct. 3 Q. How long had she been teaching in the District? 4 A. I believe Miss Dye had been with us for one year. 5 0. And that was her total experience, also, is that correct? « A. That is correct. • Q. Was she certified? 8 A. She had a degree. 8 Q. That is not what I asked you. Was she certified? 10 A. Yes, she is certified in Secondary Education. 11 Q. At the time ol this evaluation was she certified in the 12 subject she was teaching? 13 I A. Beg your pardon? 14 || Q. At the time ot the evaluation was she certified in the 15 subject matters that she was teaching? 1« i a . She was teaching in the Elementary School, she did not 1 7 ! at that time hold an elementary certificate. • a Now, you said before that one of the factors that you 19 considered in "Teacher Competency" was whether a person '•1 • 20 was certified to handle the material that they were 21 ji supposed to be teaching. Now, Miss Dye was not even 22 certified to teach in the elementary school, was she? 23 A. As far as holding a certificate which is issued from the 24 State Department of Education, she did not hold one for 25 elementary school, but when we take into cons G L E N N H P E R R IN O f f i c i a l C o u r t R b f o r t k r F e d e r a l B u i l d i n g i EL D o r a d o A r k a n s a s 7 1 7 * 0 Bradshaw - Direct 46 10 n 12 13 14 15 li li la !! 17 18 19 20 2i ; 22 23 24 her a b i l i t y to re la te to the students and get across the material which she is working with, I have never seen a teacher with that a b i l i t y , and then when I take into consideration academic background and training and look at these transcripts, we can consider Mrs. Wall an asset to our D is tr ic t because she holds a transcript with approximately a 3.5 or 3.8, which is very good, which we are lucky to get a teacher of this ca l iber in our small School D is t r ic t . We have never had a teacher with these qua l i f ica t ions , and she is an excellent teacher. Q. Doesn't the State Department of Education say that to teach in an elementary school you have to have an elementary c e r t i f i c a t io n and that there are factors, methods, courses, courses in dealing with young children, that do vary from secondary to elementary education and that is why they require a special elementary ce r t i f ica t ion ? A . Yes, s i r , that is true; but, Mr. Kaplan, this is not as bizarre as i t may seem to have someone with a high school c e r t i f i c a t e working in the elementary. Many times teachers w i l l get their degrees in secondary education and then find that their love is for the smaller children in working in the elementary school, and then once they have gone to work in the elementary school, they then proceed working toward r emoving those GLENN M PERRIN O f f i c i a l C o u » t R p o R m F e d e r al B u il d in g EL Do r a d o A r k a n s a s 7 i7 *o defic ienc ies , which Mrs. Wall is doing at the present time. 'j.- And she s t i l l hasn t done i t , has she? A She is working toward removing the de f ic ienc ies . Q. We LI, what 1 am saying is , now two years later she s t i l l has not accomplished the removal of those de f ic ienc ies , has she? A. No, s i r , she has not. Q. A l l r igh t . Well, that's--now, l e t ' s take a look at your third ranked teacher. THE COURT: Who is Mrs. Wall? 1 don 't-- MB. KAPLAN: Mrs. Wall is the former Miss Dye. Miss Janet Dye married in the interim and has now become Mrs. Jan«t Wall, is that correct, Mr. Bradshaw? THE WITNESS: That is true. Q ■ So when we speak in this record of Miss Dye or Mrs. Wall, we are speaking of the same person? A. That is true. Q. A l l r igh t . Now, your third ranked teacher is also white, Mrs. Keith, is that correct? A. That is correct. Q- A l l r igh t . Now, your fourth ranked teacher is Mr. Edwards who had some eight years of experience in the D is t r ic t , is that correct? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 i t s o Bradshaw - D irec t Bradshaw - Direct A. That is correct. Q. And almost a l l of those years were as Head Teacher, is that correct? A. He worked as Head Teacher and teacher,, Q. And you evaluated Miss Dye, now Mrs. Wall, two positions over him, is that correct? A. Yes, that is correct. Q- I. see. A According to the evaluation form. Q. Uh-huh„ Now, I notice that Mr. Edwards received only a "2" in "Teacher-Teacher Relationship". Is there some reason why he was, as Head Teacher and Principal, not given a No. 1 rating in that regard? A. Well, "2" represents a strong ranking in that, and as far as pinpointing any one particular thing, I think this would be a fa i r assessment on this particular part. I could say Mr. Edwards was strong in his “Teacher- Teacher Relationship". Q. But not strong enough for a No. 1? A. There was con f l ic ts at times, from time to time, between Mr. Edwards and a teacher. Q. Isn 't that absolutely normal and what you would expect from a Principal? A. Yes, that is correct. Q. It is , isn ’ t i t? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 Bradshaw - D irec t A. That is correct Q. Now, I notice that the only other "1" was for Miss Nancy Rosen who had only taught two years, or Mrs* Nancy Rosen. What position did Mrs. Rosen have? A. Mrs. Rosen was teaching the Fourth Grade at the Plum Bayou Elementary School. Q. And her rapport with the other teachers was such that she did rank a No. 1 but the Principal of the black school did not? A. She got along real we l l , yes. Q. Did she have a husband who taught in the D is t r ic t , too? A. She did not. Q- After Mr.--No. 4 ranking for Mr. Edwards, the next person is a Juanita Moore. Is she white, also? A. She is white. Q- A l l r igh t . And the No. 6 ranking was for Mrs. Althea W i l l is who was a black teacher, is that correct? A. That is correct. Q- She had taught 34 years in the D istr ic t? A. Yes. She has 34 years' teaching experience. Q- At the time that she was evaluated in this fashion, weren't her duties almost exclusively as Librarian? A. She was working in the Elementary School and parttime Librarian. Q. Well, could you evaluate for us the percentage o f her G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 3 0 soBradshaw - Direct j. . -------------------------------------- time that she spent in Librarian duty and then in classroom duty? A . Approximately two hours or two periods was spent in the Library. Q. And did she have her own class in the Elementary School? A . Yes, she did. Q. Her own Home Room? A As far as Home Room, the upper elementary grades were departmentalized. Q- And what did she teach? | A. I think she was working in the area of Science, probably in Social Studies, and may have had a Reading class, jj Q- Was she teaching remedial courses in those? i j A. She was not teaching what you would c a l l remedial. Q- No. 7 is also white, is that correct, Nancy Rosen? i i A . Nancy Rosen, yes. ! Q- i !i A. Q. H A. Q. A . il Q- And she had taught in the D is t r ic t two years. Was that her to ta l teaching experience, also? I believe that is correct. No. 8, Art ie Davis. Was Art ie Davis black or white? Mrs. Davis is black. And she taught for three years and was your No. 8 ranked teacher? That is correct. A l l r ight. Now, 1 would l ike you to again look at G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 * o P la in t i f f s ' Exhibit No. 1 and note that out of seven teachers, Mr. Edwards ranked her his f i f t h teacher, and you have her the best of a l l of the teachers that Mr. Edwards ranked. A. There again there is just a d if ference between Mr. Edwards and myself and i t ' s possible that he saw certain tra its and a b i l i t i e s in these teachers that I did not see. Q. Now, would you agree, Mr. Bradshaw, that as Principal and Head Teacher, the things that the Principal and Head Teacher, the man who is with them fu llt ime, sees, may have considerable weight and value in what that teacher's abilities rea l ly are? A. May 1 answer you in this way,-- Q. Well, can you answer me yes or no, and then explain? A. Would you repeat your question? Q. Certainly. Would you agree that the man who is the Principal, the man who is with the teacher fu llt ime, that what he sees in the teacher, in a particular teacher, has considerable value and considerable weight in what that teacher's true value and true performance are/ A. I will answer that yes, that is true, but the thing about th is, Mr. Edwards only was evaluating seven teachers and we had 15 which had to be evaluated as a GLENN H PERRIN O f f i c i a l C o u h t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n r a e 7 » 7 » o Bradshaw - Direct., l \ 2 !l Q. 3 4 5 6 8 A. 9 10 : Q. 1 1 ! 12 I 13 14 A. 15 16 17 18 19 20 Q. A. 21 II Q. 22 23 24 25 group. That is exactly what I am getting to, Mr, Bradshaw. But i n the fact of his evaluation of those particular teachers, of the ones that he is familiar with, his evaluation has considerable merit and probably more merit than anyone e ls e 's evaluation, wouldn't you agree, i n regard to those particular teachers? Again, I did say that 1 had v is i ted the classrooms, 1 knew these teachers — That is not my question, Mr. Bradshaw. My question is, in regard to these teachers, i sn ' t his evaluation the best evaluation? I would not say that his evaluation is the best evaluation, no, s i r , I w i l l not say i t . Whose would be better? Yours? Because I v is i ted a l l teachers, I was acquainted with a l l 15 teachers, a l l 15 had to be evaluated as a group. I could not evaluate just the Negro teachers and just the white teachers , we had to be evaluated as a group and 10 teachers selected, the 10 most capable teachers. A l l r igh t . Now, we are talking about your statement just a moment ago with which you did agree that the Pr inc ipa l 's evaluation would have considerable weight and would have considerable force regarding any teacher which he supervises. You s t i l l agree with that , don■t GLENN H PERRIN O f f i c i a l C o u r t R i p o r t u f e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 » o 2 3 4 5 6 7 8 9 10 11 12 13 14 I i s i; :! 16 1 |j 17 ii 18 19 20 21 ! i 22 23 24 Bradshaw - Direct you? A. Yes, s i r , I agree with that, yes, s i r . Q- A l l r igh t. Now, l e t ' s take a look at just this one inconsistency where he ranks Mrs. Art ie Davis f i f t h in the teachers that he had personal knowledge of , f i f t h out of a group of seven, and yet you have ranked her the highest teacher out o f that whole group of seven teachers. Now, how do you account for that, s ir? A Again, I say there is just a d if ference between Mr. Edwards and myself, and i t ' s quite possible he saw a-- d i f fe ren t t ra i ts and a b i l i t i e s than I did. Q. A l l r i g h t „ And that those t ra its and a b i l i t i e s , because he was the Principal, should have had considerable weight and considerable relevance, i s n ' t that correct? A . I am saying th is, in reference to a l l 15 teachers, 1 was the only one in a position to evaluate a l l 15, because Mr. Edwards knew nothing about the a b i l i t i e s or qua l i f ica t ions of the teachers in the Plum Bayou Elementary School. Q- A l l r igh t . But you never looked or never considered or gave any weight at a l l to his evaluation, right? A. I believe I t e s t i f i ed previously that I did look at his evaluations but I did not use them. Q- And gave them no weight at a l l? A . 1 did not. G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g Cl__Dow Ann__A a . . . . . . _t . . . . Bradshaw - D irec t 54 x ! Q. 2 3 4 i , fi A. 7 Q. 8 9 10 A . 11 12 Q. 13 14 i! . II A' 15 a 16 A. 17 Q. 18 : A- 19 Q. 20 21 A. 22 Q. 23 24 25 A All right. Now, let's look at the ninth ranked teacher. The ninth ranked teacher is Miss Evans. Now, Miss Evans is his--is Mr. Edwards'--who is a black lady and who is one of the plaintiffs here, is the first ranked teacher of Mr. Edwards, is that correct? That is correct. All right. Is there--can you now pinpoint for me any thing in Mrs. Evans' performance which would cause her to he ranked by you any less than Miss Artie Davis? Nothing more than this was my personal observation, this is how 1 felt that she ranked. All right. Your tenth ranked teacher, Maxine Clark, is a white woman, is that correct? No, she is not, she is a Negro. Maxine Clark is? Yes, sir. A l l r igh t. No. 11, Miss Ramsey. Is i t Mrs. Ramsey? Yes, she is a white teacher. A l l r igh t , she is white. No. 12, Miss Gordon, a 20-year teacher. She is a Negro. Negro. All right. Now, Miss Gordon was actually t e a c h i n g elementary school at the time this was made, is that correct? That is true. G L E N N H P E R R IN O f f i c i a l C o u r t R k f o r t k r P k d k r a l B u i l d i n g > 1 ___ D Q i Bradshaw - Direct 1 { - • Q. But her c e r t i f i c a t io n was as a high school Economics 2 Teacher, is that correct? 3 A. May 1 make this statement? The transcripts that 1 have 4 come up with, she has been issued two elementary 5 c e r t i f i c a t e s , but i t is my understanding that at one 6 time she was c e r t i f i e d as a high school Economics • Teacher and had this c e r t i f i c a t io n transferred from 8 secondary education co elementary education. 9 Q- Do vou know when that, was? 10 A. No, s i r , I do not. 11 Q. She was qua l i f ied , however, to teach as a high school 12 Economics Teacher, Home Economics Teacher, is that 1A || correct? I 14 M A. To my knJ --------------------------- O > —” * — " — W 0 15 Q. When you unified, did you have need for a Home Economics 16 Teacher in the high school? 17 MR. STARLING: Your Honor, I am going to object on • the basis again that this particular l ine of 19 questioning is ir re levant, because Mrs. Gordon is 20 not a p la in t i f f to this lawsuit and she has made no 21 , a l legat ion she was discriminated against in any way 22 23 in reference to being a Home Ec Teacher or not being a Home Ec Teacher. 24 THE COURT* Well, 1 don t know just where Mr. Kaplan is attempting to go in this line of G L E N N H P E R R IN 1 O f f i c i a l C o u r t R e p o r t s * l A F e d e r a l B u i l d i n g / m n __rv B r a d s h a w - Direct 56 1 1 'I questioning, and the Court has been listening 2 very carefu l ly to i t thus far, i t appears to 3 the Court that you are trying to ra ise a 4 question as to the capabil ity of the evaluator 5 more than anything e lse . This witness is in 6 the kind of position, i t seems to the Court • at this time, of being required to answer your 8 questions comparing himself with Mr. Edwards 9 as the evaluator, and I don't know how this is 10 going towards your contentions here as to 11 discrimination, Mr. Kaplan. Sooner or later 12 !l you got to come to that point. 181 MR. KAPLAN: Your Honor, 1 respectfu l ly disagree 14 with the Court, I think that is exactly the point 15 we are at now, that the evaluations in and of them- i6 !; selves of this individual indicate and coupled with 17 P his responses to the questions here this morning 00rH • that the evaluations were in and of themselves 19 unfair and discriminatory. 20 THE COURT: Well, 1 know that is what you i; 21 contend, but I don’ t think you are going to 22 have much success in getting this witness to 23 admit, to agree to i t . 24 MR. KAPLAN: Oh, I grant he w i l l not admit i t , 25 ij --------- 1|. j! Your Honor „ GLENN H PERRIN O f f i c i a l C o o f t RworrM I J F e d e r a l B u i l d i n g / t EL D o r a d o A r k a n s a s 7i7*o / # % • V Bradshaw - Direct 1ll 2 3 4 5 1' Q. 6 7 8 9 A. 10 Q. 11 ! A. 12 :l 13 Q. 14 i‘ !| A. is i; 16 |l 171; i ( 18 ! il A. 19 20 Q. 1 21 jj A. ?2 Q. 22 A. 24 !| 29 THE COURT; That is what you are arguing, you keep on arguing with him about i t . As I said, again, sooner or la ter you are going to have to come to that point. Now, the bottom teacher, coming from the bottom, are a l l black, is that correct, those teachers who have been scheduled to be rel ieved of their duties, your No. 15, 14, 13, and 12 teacher? Counting from the bottom-- Counting from the bottom. --we would have had f iv e teachers that would have been re l ieved . Were any white teachers rel ieved? One. THE COURT: Is Kidd white or black? MR. KAPLAN: Black. THE WITNESS: She is a black teacher. There would have been one which would have been re l ieved , one white. And who was that? Mrs. Ann Ramsey would have been released. And why was she not released? Because a fter the evaluation had been made, she and Mr. Edwards informed me that they would not seek employment with the D is tr ic t for the '69-'70 school year. GLENN H PERRIN Off ic ia l Court R eporter Federal Building EL Dorado A rkanrae 7 i7»o ji Q. All right. Who was released, then? !| A. Beg your pardon? Q. Who was released, then? A. Mrs. Lois Thomas, Mrs. Dora Thomas, and Mrs. Kidd. Q. Now, directing your attention back again for a moment to those meetings at the--with the black faculty members, did they take place at the Rosenwald School? A. Yes, sir, they did. Q. Did you have conferences with those teachers who were later replaced, or who were not rehired, I am sorry? i A. Yes, after the evaluation I did meet with these teachers and inform them that their contracts would not be renewed. I told them that if 1 could be of any help, feel free to call upon me, and I later sent a letter to them stating that their contracts would not be renewed. THE COURT: Now, which teachers were these? THE WITNESS: This is Mrs. Dora Thomas, Mrs. Lois Thomas, and Mrs. Kidd. Q Did you tell the teachers that they would have to be given tests, that all of the teachers in the District would have to be given tests? A. Yes, sir, Mr. Kaplan, at first I considered the use of a written objective test, one which was to be prepared, administered, and graded by National Testing Service, because 1 felt like this would be fairest to all GLENN H PERRIN O f f i c i a l C o u r t R k f o k t k r F k d e r a l B u i l d i n g ________________________________El nn.Ann -»i ../> Bradshaw - Direct 59Bradshaw - Direct — ' ‘ i 2 3 4 5 Q. 6 A. 7 8 Q. 9 A. 10 Q. 11 12 13 I A. 14 Q. 15 ' A . j ie: Q- i 1 7 1 ! 18 ! 19 20 A . 21 | Q. 22 A . 23 24 0. I! concerned and most certainly would have been the easiest for me, simply have all 15 teachers take the test and the 10 teachers scoring the highest would be retained, the five lowest would not be re-contracted with* And what changed your mind? Because of the objections raised on the part of the Negro teachers at Tucker-RosenwaId Elementary School* And that is what made you change your mind, sir? Yes, sir. All right. Now, this school year, 1970-'71, how many black teachers do you have and how many white teachers do you have? In 1970-'71? Grades 1 through 8. May I look in my records, please, sir? Of course. Perhaps I don't mean 1 through 8. When you told me that you had 15 teachers right before the unification of whom nine were black, you were speaking of 1 through 8, were you not? Yes, sir. All right. That's what I want to know. At the present time we have, in the elementary school, five black, five white. And did have, in the elementary level, before the unification, nine black and six white, is that correct? GLENN H PERRIN O f f i c i a l C o u r t R b f o r t r r F c d c r a l B u i l d i n g ________________________________ EL Dorado A rkansas t i t » o Bradshaw - Direct 60 A . That i s correct. Q. Okay. Now, has your D is tr ic t been operating at a surplus each year since unification? A . Yes, in the past two or three years by being rather conservative and by there being a l i t t l e increase in revenues being co l lec ted , we have been able to accumulate a l i t t l e surplus in our funds. Q. Now, I did ask you to bring with you a record of the revenues and expenditures of the D is tr ic t in those years, is that correct? A . Yes, I be l ieve so. Q. Would you just read for the record what those revenues and expenditures were for the years that they were asked? I am trying to find the number r ight now. I t ' s No. 7, Mr. Bradshaw, for the school year '68-'69 up through '70- ‘ 71. A . May take me some time to find th is. Q. Yes, s i r . A . Expenditures and revenues for years *68-'69, '69 - ‘ 70, and December 30, 1971. In 1968-'69, Plum Bayou-Tucker School D is tr ic t had an expenditure of $168,990.00 and a revenue and balances of $223,115.00. Q . N o w , t h a t is w h a t you t o o k in , is that correct? A. That is what we took in, plus a carry-over of money from GLENN M PERRIN O f f i c i a l C o u r t R b r o r t k r P r d r r a l B u i l d i n g 1968-'69. Bradshaw - Direct 61ji 1 Q- 2 A 3 4 5 6 7 Q- 8 9 10 H 12 13 A. 1 14 Q . 15 A. 16 ! 17 ! 18 | 19 20 21 22 23 Q. 24 A . 25 ... Q. A l l r ight. In 1969-'70 school year, we had an expenditure of $132,711.00, with a revenue and balance amounting to $ 2 2 7 , 3 7 6 . 0 0 . And then in 1970-'71, July 1 through December 30, we had an expenditure of $87,718.00, with a revenue and balance of $159,237.00. Okay. Now, I also asked you to bring with you a l i s t of a l l persons who had been paid from the T i t l e I Budget. That should be Item No. 4, s i r . As of this year, 1970-’ 71, would you t e l l us who the black--I am sorry--who the T i t l e I personnel are and what they do and then t e l l us their race? 1970- 71 school year 7 Yes, s ir . Yes, we have a Mrs. Art ie Davis, who is a Negro, who is an instructor in the elementary school. We have a Lucreasia Evans, a Negro, who is a Remedial Reading instructor in the elementary school. A Robbie Keith, who is white, who is parttime Health Coordinator in the Plum Bayou-Tucker School. And then we have a Charlene Archer, who is white, and who is secretary and serves as bookkeeper. Is she related to a member of the School Board, too? Yes, s ir , she i s . A l l right. Now, Artie Davis, the black instructor, does OLENN H PERRIN O f f i c i a l C o u n t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A n k a n e a e t i t i o she have a class of her own? Does she teach First Grade, Second Grade, or what? Mr. Kaplan, in the Fourth, Fifth, and Sixth, we have our children split up on levels, we have placed these boys and girls on a level to where they can actually function, we ceased to teach them as a Sixth Grade group, because we found that some would be working on Third Grade level while others were on Sixth Grade level, but she primarily is considered, I think, as the Fifth Grade Home Room Teacher, if 1 am not mistaken. And Miss Evans is the Remedial Reading instructor, is that correct? That is correct. Has she ever gone, at the expense of the District or Title I, to any kind of a reading institute? Let me ask you a question, now. Are you in reference to reading institutes where she is going to get credit for this, college credit? No. Let me go back a little bit. At the time that she was made a Remedial Reading instructor, and she has been one since Title l has been in effect in your District, is that not correct? That is correct. Who made the decision to make her Remedial Reading instructor? GLENN H PERRIN OrriciAL Court Reporter Bradshaw - Direct 63 1 A. It is my understanding that M r . Anderson selected Mrs. 2 Evans, and Mrs. Evans c indented to go into this 3 particular program. 4 Q Do you know whether she had any special training or 5 qualifications for Remedial Reading? 6 A At that particular time and at the present time there are 9 no other requirements by the State Department of H Education other than be a certified elementary teacher. 9 Q. Has she ever talked to you about acquiring any special 10 skills through institutes, non-credit or otherwise? »!| A. Yes, Mrs. Evans did mention to me that she would like to 12 1 have her educational expense deferred by the District. 13 Q- And have you ever done that? 14 1 A. No, the District has not followed the practice of 15 deferring the expense for additional hours for the 16 !! teachers. 17 Q. And have you ever done or provided expenses, living 1 18w II expenses or tuition expenses, for any white teachers to 19 attend any reading institutes? 20 A No, s ir , we have not. 21 ;| THE COURT: Are you going to be sometime yet 22 23 with this witness? MR. KAPLAN: Yea, Your Honor. 24 THE COURT: I think perhaps we better take a 25 - j| - break, then. We have been here a little over G L C N N H PCRW IN O f f ic ia l C o u n t R i p o n t w I A F cd ch al B u il d in g M j W Bradshaw - Direct an hour and a half. We will take a few minutes-- MR. KAPLAN: Yes, Your Honor. THE COURT: if convenient at this time. MR. KAPLAN: It is, Your Honor. THE COURT: We will be in recess for about ten minutes. You may step down during that time. THE WITNESS: Thank you, sir. (Whereupon, at 11*07 a.m., a short recess is taken; thereupon, at 11:23 a.m., the parties present as heretofore, the fallowing further proceedings are had, to-wit:) THE COURT* Proceed, Mr. Kaplan. MR. KAPLAN: Thank you, Your Honor. BY MR . kAPLAi\ : |i 0- Mr. Bradshaw, in 1969- 7C , is it true that the white persons on the Title L payroll were the same Robbie Keith, as Health Coordinator, the same Miss Archer or Mrs. Archer, as secretary, and a Danny Young, who was an instructor? A Yes, they were on the Title 1 payroll, u And those were tne only whites, is that correct? a Yes, air, that is correct. O LCNN H PERRIN O f f i c i a l . C o u f t R e p o r t * * P e d e m a l B u i l d i n g ■ 1 AAA___A bm Ai Bradshaw D irec t 65 3 « A . 2 8 A . y q. 10 1 1 A . J 13 ,1I 14 19 20 21 22 23 24 Q. A i l r igh t . And that the addition to the-—the only other person that we have not previously mentioned was Maxine Clark, who was a black instructor, is that right? That was for the school year 1969-'70? Right. That is correct. Okay* How long was Danny Young employed? Mr. Young served as Science teacher for one semester. Now, can you t e l l us why he is no longer on the T i t l e I payro l l? Because the T i t l e I O ff ice informed us that our Science P '̂^gram was no longer e l i g ib l e to be financed under the T i t l e 1 program; therefore, i t was a required subject to be taught by the ntate Department of Education and we had to remove this from our program* I see. Now, in 1968-- THE COURT; Now, le t me see about this. You had to remove I t from your program? THE WITNESS: Remove i t from the T i t l e I program-- THE COURT: All r igh t. THE WITNESS: --and put i t back under the regular school program, finance i t with our local funds. THE COURT: I see. Now, Robbie Keith, the year before that, in ’ 68-'69, was il'-c) ' he rtealth Instructor, is that correct? GLENN H PERRIN O p p i c i a l C o u r t R e p o r t e r P c d c r a l B u i l d i n g E L O n m n n ___ 1 A. Mrs. Keith was placed under the Title 1 program as a Bradshaw - D irec t 2 parttime Health Coordinator-- 3 Q- 1 arn sorry, Health Coordinator. 4 A - --during Mr. Anderson’s administration in 1965-'66 school 5 year. 6 Q- Now, she has been pard since then at the rate of 7 approximately $540.00 except for the first year, is that 8 correct ? 9 A That is c irrect. 10 'u- And the . irst year she was paid some lesser sum, some 11 three hundred and something? 12 ! A . Yes, sir. 13 Q- All right. But since that time she has been paid 14 : $540.00? 15 A . Yes. 16 || Q- All right. Do you know if Mrs. Evans was ever a Health 17 Coordinator at her school? i i 18 A I don't know if she was or not. 19 0, When it came time to consolidate, did you ever consider 20 Mrs. Evans for that position? 21 A . Well, we only had one Health Coordinator at that time, 22 and after I carae--became Superintendent, 1 retained Mrs. 23 Keith as the Health Coordinator. 24 D- Do you know whether during the time that Mrs. Keith was 25 i|____ j|. Health Coordinator that Mrs. Evans was performing exactly GLENN H PERRIN Official Court Reporter / v*«h Federal Building t EL Dorado Arkansas 7i7»n S ftL Bradshaw - D irec t 67 the same duties? A. I did not know that * Q. Have you ascertained anything in that regard since the time that this lawsuit was f i led? A . No, s i r , I have not. Q. Have you asked Mrs. Evans about that? A . No, s i r , I have not. Q- The f i r s t - - o r , in 19b8-'69, the only blacks on T i t l e I were Mrs. Evans and a Teacher Aide named Odessa Davis, is that correct? A . I believe that is correct. Q- And everyone e lse was white, and there were only two instructors, a Mr. Klutz and Mr. Porter, is that correct? A . I f you w i l l permit m e , I w i l l - - Q. Of course. A . --get those and give you accurate answers. May I read through these? Q. Of course. A . In the year 1965-'66, we had Mrs. Evans under the T i t l e I program; Mrs. Ann Ramsey was also placed under T i t l e I program for 1965-'66, who was white; Mr. James Henry Klutz, 1967-'68, who was white; Otis L. Archer, 1966-'67, wh' wa.̂ white; lames 0. fo r te r , at semester, 19--in September, 1968-'69, who was white, and was replaced by M r . M a n n , f o u n g at semester o f '68-'69 school year, who G L E N N H P E R R IN O f f i c i a l C o u r t R eporter F e d e r a l B u i l d i n g E L Do r a d o A r k a n r a e 7 i7 »o Bradshaw Direct 1 2 3 4 5 6 7 8 Q- 9 10 11 I A . 12 1 Q. 13 j A . 14 Q' 15 1 16 A . 17 Q. 18; 19 A . 20 w- 21 22 A . 23 ft 24 Q. 2 5 j w a s w h i t e , Mrs. Artie D a v i s , i n 1 9 6 9 - * 7 0 , who I s a Negro; Maxine Clark, 1 9 6 9 - ' 70, who is a Negro; 1970-*71, w e h a v e two people a s teachers under the T i t l e I program, Mrs. E v a n s a n d Mrs. D a v i s . Those are the teachers who h a v e been placed under the T i t l e I program and the two that is presently employed under the T i t l e I with T i t l e 1 funds. Mr. Bradshaw, is the T i t l e I teachers paid from funds provided by T i t l e 1 o f the Elementary-Secondary School Act, Public Law-- That is correct. --Public Law 8910, is that correct? True. | And the rest of your faculty is paid from Minimum Foundation, is that correct? Correc t . And that is a l l en t ire ly or basically state-supported money, is that correct? True. A l l r ight. Now, the contracts of the T i t l e 1 teachers, are they dependent on receipt of T i t l e 1 funds? Yes, this is where their money comes from, the T i t l e I funds. A l l r igh t . Now, i f there are no T i t l e I funds, what happens to those teachers? G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 69 i i 1 2 3 4 5 6 7 8 9 10 12 13 A . We would simply move these people back to the regular school program and pay them from the Minimum Foundation l u n d s . Q. Do you have funds to do that with? A At the present time we do have, i f this was necessary. Q. Have they been told that? A . I have not necessarily made the remark that we would do this, but i f we w i l l , l e t ' s look at Mrs. Clark, who was placed under T i t l e 1, 1969-'70 school year, she is employed for 1970-'71 under the regular school program which means she has been transferred from T i t l e 1 back to the regular program. u. Mr. Bradshaw, did you have or has this School D is tr ic t Bradshaw - D irect 14 I 15 • I 16 |j y iii 17 I! 18 A . Q. 19 h a i d history o f a t h l e t i c e v e n t s ? Y e s , s i r , w e h a v e . A n a t h l e t i c p r o g r a m ? Yes , s i r . A n d i n w h a t s p o r t s h a s t h i s s c h o o l s y s t e m t r a d i t i o n a l l y c o m p e t e d o n a n i n t e r s c h o l a s t i c b a s i s ? 20 A . Basically two sports, basketball and baseball. ii 21 ii Q. Was there such competition in the school year 1966-'67? 22 A. No, s i r , there was not. 23 Q. In n 6 - ' 6 7 ? 24 A. No, s ir . 2 5 ! Q. A l l r ight. Had there been the year before that, b5- ’ 66? G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 t 7 S O (IS, Bradshaw - D irec t 70 'll A . Yes, sir, there had been. 2 Q. All right. Now, that year there was still the dual 3 system in its entirety except for limited freedotn-of- 4 choice, is that correct, on the high school level? 5 A . That is true. 6 Q. Did you have a white high school coach? 7 A . We do not hire a person as coach, solely for coaching, 8 Q. All right. Do you have-- 9 l A . --we employ-- 10 Q. I beg your pardon, please continue • 11 A . --we employ a person to handle the Physical Education 12 [i and teach a portion of our Soc ial Studies. 13 Q. 14 15 16 ! o. 1 7 A . 18 Q. 19 20 Q. 21 22 23 , 24 25 Q. A . All right. And did you have such a person in 1965-'66 who was white? T^at is c irrect. Do you remember who that was? Yes. James K. Bradshaw. That was you? Right. A l l r igh t. During 19b6-'67--I beg your pardon, l e t ' s go back to '65-'66 again--was there such a person at the Rosenwald School? E m p l o y e d t ■> e iach,-- Yes , sir. --1965-166? GLENN H PERRIN O f f i c i a l C o u h t R e p o r t e r F e d e r a l B u i l d i n g « L D o r a d o 17& Bradshaw - D irec t Q- Yes, s i r . A. I don ' t kn bw . Q. In 66- 167, w a s t h e r e a c o m b i n a t i o n P . E . m a n , S o c i a l S t u d i e s t e a c h e r , a t t h e w h i t e P l u m B a y o u S c h o o l ? A. ’ 6 6 - ’ 6 7 ? Q. 1 6 6 - 1 6 7 . A. Yes. Q. And who was that? A. Myself. Q. A l l r igh t. And was that the year you then assumed your duties later in the year as the Superintendent? A Yes, t h a t i s c o r r e c t . Q- A l l r ight. And who had your counterpart position as P.E. instructor at the black school, do you reca l l? A I believe i t was in January, 26th or 28th, that a Mr. Thomas was e m p l o y e d o v e r t h e r e t o h a n d l e S o c i a l S t u d i e s . Q- A l l r i g h t . And t h a t is t h e p l a i n t i f f in t h i s s u i t , Mr. Asive Thomas? A That is correct. Q. And be w a s e m p l o y e d s o m e t i m e i n J a n u a r y o f ' 6 7 , w h i c h w o u l d m a k e i t s c h o o l y e a r ' 6 6 - ' 6 7 , i s t h a t c o r r e c t ? A. That is correct. Q. And he was employed as a combination P.E. instructor and Social Studies teacher? He w a s employed as a Social Studies teacher because we G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g F I ___n r . B . n n » - V* Bradshaw - D irec t 72 1 | 2 Q. 3 4 A. 5 6 Q . 7 8 A. y 10 Q. n i 12 13 i A' 14 Q. 15 ! 16 A. 17 18 Q. is 20 . A. 21 1 Q. 22 23 A. 24 Q. 25 A. do not have organized sports in the elementary school. Well, was he at that time a coach, was that where his primary f i e ld of endeavor was? I think perhaps he has a degree in Community Recreation, non-teaching, as his transcript reads. Well, is he c e r t i f i e d to be a coach in the State of Arkansas and Physical Education teacher? I assume that he is probably c e r t i f i e d at the present time. Well, at the time--immediately a f te r he was hired--at the time he was hired he was s t i l l in school, is that correct? That is true. And he was finishing his last semester at an institu tion nearby, Arkansas AM&N, is that correct? The f i r s t semester that Mr. Thomas was employed, he was employed on a substitute blanket contract. That's r igh t. Now, a fter the semester ended, we then would go to school year '67-'68, is that correct? That is correct. And then in that summer period he had graduated, is that also correct? 1 believe that is correct. And he was certified, is that correct? I do not have in my possession his c e r t i f i c a t e , but 1 GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g 1 5 il 10 11 12 13 14 15 10 17 18 I 19 20 22 23 24 I II assume that he received his degree, but, now, as far as his c e r t i f i c a t io n , I cannot t e l l you, other than I think he was c e r t i f i e d for Physical Education only. Q. A l l r igh t. Now, his degree does show that he has a minor in both Social Studies and in the—Social Sciences and the Natural Sciences, is that correct? A. No, s i r , that would be a c on f l ic t in that, and the evaluation of the transcript which is made by the State Department of Education. He does not have a minor in Social Studies according to the State Department of Education. Q- A l l r igh t . He does not have minor which qua l i f ies him for c e r t i f i c a t io n , is that correct? A. Right. Q- But he does have a minor which allows him teach one or two hours of Social Studies, is that correct? A. I would assume that he could teach in this area but would be--the school would receive an advisement or warning. Q. Now, did you ever ask him how many hours he needed to correct the deficiency? A. 1 did talk to Mr. Thomas, Mr. Edwards and I had a discussion on this, and we knew that he was short in the area of Social Studies. Q- Do you know how long i t took him to make i t up? G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L DORACin ARKiNILt TIT1 Bradshaw - D irec t Brad ;haw Direct 1 A 2 Q. s A. 4 5 Q. 6 A . 7 Q. « A . 9 Q. 10 11 12 13 14 Q. 15 16 17 18 19 20 To my knowledge, he has not made i t up. 1 see. Have you-- 1 have papers here to show that he is s t i l l de f ic ient approximately 10 hours. May 1 see those. Yes, s i r . I f you w i l l give me one second,-- Surely. --1 w i l l find i t for you. Now, keeping in mind this document, s i r , frequently a man who is c e r t i f i e d in this state as a P.E, teacher teaches Social studies courses or General Science courses, is that correct? W el l , -- It s not uncommon in the state , is it? No, s i r , i t is not uncommon. And in order to teach those courses and tor the school not to get an advisory warning, he does not have to have fu l l c e r t i f i c a t io n , i s n ' t that correct? But he must return to pick up additional hours. He must return to pick up additional hours? Yes A-L r ight. Now, in school year '67-'68, Mr. Thomas 23 c ontinued in the employment of the 24 right 25 a ii Yes. > G L E N N H P E R R I N O f f i c i a l C o u r t R k f o r t k r F k d k r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 i 7 * o r i c K Bradshaw - Direct 75 ij Q. 2 A. 3 Q. 4 I 5 ji A. 6 8 9 Q. 10 i n j A. 12 Q. “ f 14 !l 15 , 16 ij 19 ,1i 20 21 i! A. 22 1. 23 A. 24 --at the Rosenwald School? That is correct. A l l r igh t . Do you know what subjects he taught and how many hours he taught them? I do know that he was working in the area of Social Studies, I do not offhand reca l l the number of Social Study courses or other courses that he was giving instruction in. And in that period of time also did he teach any Health courses or anything l ike that? At the present time l do not r e ca l l . A l l r igh t. Did you have anyone at the white school, at the Flum Bayou School, who was c e r t i f i e d as a P.E. instructor-coach? A t t h a t particular time and at this time we s t i l l do not have anyone in the area of Physical Education in our elementary schools, we just do not have. That is not what I am asking, I am asking in the whole Plum Bayou School do you have anyone who was a P.E. instructor in 1967-'68? '67-'68? That's r i g h t . Your f i r s t fu l l year as Superintendent. W v - i l , I w a s L h e only one t h a t was tu l ly qua l i f ied , fu l ly c e r t i f i e d . A l l r igh t. To be a coach and P.E. instructor, is that GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 S 0 Bradshaw - D irec t 1 correct ? 2 A. Physical Education, r ight. A l l r ight. And to you knowledge, Mr. Thomas was also 4 fu l ly qua l i f ied to be a coach-P.E. instructor, is that 5 !; correct? 6 A . According to the le t te r that I received from the State 7 Department, he was c e r t i f i e d in Physical Education, 8 1 that is correct. 9 Q. And you do not need any additional c e r t i f i c a t io n to be 10 a coach, do you? 11 ;j A None. 12 ' Q . il A l l r ight. Now, in school year, the very next one, 13 '68-'69, did you resume competitive sports? 14 A( I '68-'69? 15 Q - “ [ I A . Yes, s i r . Yes, s i r , we did. 1 7 I I a II In the same two f i e ld s , basketball and baseball? 18 i l A - That is correct. 19 Q. Okay. So for two years you operated without competition, 20 is that correct? 21 |j A . That is correct. 72 Q . Te l l us why you withdrew from competition, s i r . 23 A. Well, for this particular reason, at that particular 24 time, as you know, we had integrated our high school in 25 | 1966- '67, we f e l t l ike we were well in advance for a i j ii GLENN H P E R R I N O f f i c i a l C o u r t R e p o r t e r 1 * 9 F e d e r a l B u i l d i n g f ^ ^ 77 1 2 3 8 9 10 11 19 20 21 |j 22 23 24 progress made in this d irect ion , our surrounding schools had not done this, and we f e l t that i t would be best to not engage in competitive sports with the other schools for a year or two until integration had been better accepted, and this was done. We resumed our competitive sports with other schools without incident, which we are quite proud of. Q. Did you send a le t te r to the patrons of the D is tr ic t explaining to them why you had withdrawn from competitive sports ? A Seems l ike I r eca l l some remarks being made as to why we were not. (Whereupon, a document is shown to counsel for the defendants. ) MR. STARLING: I have seen i t . No objection. Q. Mr. Bradshaw, I hand you a document that has been marked P la in t i f f s ' Exhibit No. 2 for id en t i f ica t ion and ask you i f that is the le t te r that was sent bearing your s ignature? A. Yes, this is my signature. Q. And are those reasons the accurate reasons why and the reasons that the Board had in mind why interscholastic sports were discontinued? A. That is correct. Q. A l l r igh t . Now, item No. 2 in that categorization--there GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L Dorado Ar k a n sa s T1710 Bradshaw - D irec t ■t - 1 Ill 2 3 4 6 13 14 15 16 Bradshaw - Direct are only two items--says something about the school f e l t --says exactly the school f e l t that interschool sports should be discontinued unti l a later date, decision is based on the prevention of incidents between Negro and white in our community. Have you ever had an incident, or did you subsequently upon resumption ever have an incident? A. Well, l e t me re la te this to you, I be l ieve i t occurred in 1965 or '66 during the summer, we had an integrated Youth Corps., and i t is my understanding that there was some c o n f l i c t , in fac t , as far as there was blows exchanged between the two groups, and this is the type thing which we were trying to prevent, and I think we successfully prevented this by discontinuing competitive sports, because these things are—brings con f l ic ts , bu i l t up tension, and we f e l t that i t was best to wait unti l this thing was better accepted, which i t has been, we have reinstated i t , and we have done so without inc ident. 78 20 Q. 1 21 1 22 A. ii 23 Q. 2“ A. | 25 Now, in 1968-*69 when you reinstated i t , who was your coach? 1968-169? Yes „ We employed a Bruce McConnell, I be l ieve i t was, in 1968-’ 69. GLENN H PERRIN O f f i c i a l C o u r t R k p o r t k r F i d c r a l B u i l d i n g E L Dorado Arkanrar t i t « I 1 i i Q‘ Did he serve as Basketball Coach? He served as Social Studies teacher and Physical Education teacher,-- Q- Did he serve-- --he, indeed, with his Physical Education, he did coach Bradshaw - D irec t 6 7 Q. 8 l A. 9 10 Q. 11 .! A . 12 “ 8 Q. 14 i! !5 j! |l A. 16 !| 11 17 i 18 |j i| Q. 19 A. 20 2! J Q. 22 A . 23 Q. 24 A . 25 !i j!_ Q. on his own. A l l r igh t . But he did coach—did he get paid for i t? Well, he was employed as a Physical Education instructor and Social Studies and was paid a salary. Yes, s i r . We tr ied to put in a few extra dollars for the extra coaching. Well, were you able to do that for him because of his duties as Coach? I believe we have a policy which states that teachers performing extra duties or additional work may draw a l i t t l e additional funds, true. How many years had he taught at that time? That was Mr. McConnell’ s f i r s t teaching experience other than his supervised practice teaching. I see. For the record, is Mr. McConnell black or white? Mr. McConnell is white. Did he also coach the baseball team? He did, yes. How many hours—how many hours do you have, classroom GLENN H PERRIN O f f i c i a l C o u r t R k f o k t c d F c d c r a l B u i l d i n g _ ________ EL D o r a d o ___ a . . . . . * . . . . . 79 Bradshaw - Direct 11 2 A. 3 Q. 4 5 ! A. 6 7 Q- 8 ' A 9 I Q- 10 i A . 11 ! Q- 12 ! A . 13 a 14 A.i 15 Q. 16 17 | ! A. 18 1 19 Q. 20 21 I 22 A. 23 Q. 24 25 A. hours, during the day? W e have seven periods. Of the seven periods, do you know how many Mr. McConnell spent in Social Studies? Yes, he was assigned two. In 1968-'69, he was assigned two Social Study courses. And how many P.E. courses? The rest of the day? Four. Four. And then one Study Hall? One o f f period. Off period. W e try to give our high school teachers-- And did he work for you in '69-*70? T h a t i s c o r r e c t . And in *69-'70 how many Social Studies courses did he teach? H e taught one course plus one Study Hall and four Physical Education classes. During a l l of this period of time from '65 r ight up through today, have you ever been in "A" status with the State Department? No, s i r , we are working toward that c la ss i f ic a t ion . You have always been on “B-Waming" or "B-Advisory", is that correct? Right.__________________________________ GLENN H PERRIN Of f ic ia l Cou rt R eporter Federal Buildino EL Dorado A rkanrar vitro 80 Bradshaw - Direct 81 Q- A l l r ight. Now, when you resumed, then, your competitive' sports, your Coach and P.E. instructor in the high school was white, is that right? A That is true, Q- Is there some reason--did you know in the--during the end of 1967-'68 school year that you were going to resume competitive sports? A. Would you repeat that, please? Q. Did you know at sometime during the end of ’ 68--I am s o r r y - - '67-*68 school year that the next school year would see a resumption of competitive sports? a. Yes, we had given i t consideration. Q. When had you made your decision, you know, your basic commitment to go ahead and return to the basketball scheduling and baseball scheduling? A. Well, things had smoothed out, integration had been accepted in our schools, and I recommended that we reinstate i t . Q. Do you r e c a l l , to the best of your a b i l i t y - - I rea l ize i t ' s a long time ago— to the best of your a b i l i t y , approximately when in the '67-'68 year you made that commitment or decision? A. I think i t was during the summer of *67-’ 68. Q- Was Mr. Thomas-- THE COURT: Now, what summer? OLENN H PERRIN Official Court Reporter Federal Building EL Dorado, abkanrar t i t m / 37- Bradshaw - Direct 2 a 2 A. 4 a 51! A. i! * j i 7i| A. 8;! ii Q. A. :| || Q- j ,1 I A'i 1 a I! a. Q. ■I . A. |i | THE WITNESS: Summer of '68. And that was before the year ’ 68-'69? Before that school year commenced, true. Who did the scheduling at that late date? I beg your pardon? How did you get scheduling at that la te date? This is done usually during the months of July and August. For the next year? True. A l l r igh t . Now, was Mr. Thomas ever considered for that coaching job? No, he was not. For the P.E. job? No, he was not. Why is that? Because--may I g ive you the reason why Mr. Thomas was not retained with the School D istr ic t? Yes, I would l ike that. The reason that Mr. Thomas was not retained in the Plum Bayou-Tucker School D is t r ic t , I considered him as a weak Social Study instructor. Since he was teaching Social Studies, he was not fu l ly c e r t i f i e d as a Social Studies teacher, I discussed this with Mr. Edwards, and Mr. Edwards agreed that he was weak in this area, and I did OLENN H PERRIN O f f i c i a l C o u r t R p o r t w F i o u a l B u i l o i n s EL Dorado Arraii. . . ■ Bradshaw - Direct 11| not fecotnmend to the Board that Mr. Thomas be reemployed 2 for the upcoming school year. 3 Q- As a Social Studies teacher? 4 A. Right. 5 I Q. Now, my question-- II 6 THE COURT: Now, what year was this? THE WITNESS: This was for the 1968-’ 69 school year. 8 Q- Now, at that time that you recommended that he not be 9 retained as a Social Studies teacher, you did know that 10 his f i e ld was Physical Education, did you not? 11 1 A- True. 12 Q- Now, what I am asking you is , you were to resume 13 Physical Education and competitive sports for the next 14 year, why was he not considered as the P.E. teacher-Coach? 15 A. Because our D is tr ic t has never hired an individual so le ly ' 16 for the purpose of teaching Physical Education or 17 ! coaching. 18 II Q- Now, Mr. McConnell taught f iv e periods or four periods 19 o f -- 20 | A. Physical Education. 21 || Q- --Physical Education, and when you reported his status 22 to the State Department of Education on the form for School D is tr ic t Employees, you reported him as a p.E. 24 j teacher, did you not? 25 | A. True. GLENN H PERRIN Official. Court Reporter i Ŵ M J \ Federal Builoino 9 m L W CL Dorado Arkansas tit bo 1 / m k 84Bradshaw - Direct ' ' ~ 1 j1 Q. 2 A . 3 Q. 4 5 A . ! « | Q. 7 8 A . 9 , 10 11 12 '! Q. 13 A .14 15 16 17 18 19 20 21 || Q. 22 ;■ 23 24 I 25 |! i ■ li And that was his duty, primary duty, was P.E. teacher? P„E. and Social Studies. A l l r igh t . P.E. and coaching, and that is the way you reported him to the State, is that right? But we l i s t him as a Social Studies teacher. No, no, to the State you l i s t him as a P.E. teacher, do you not? In our annual high school report we must l i s t each teacher showing what courses they teach, and he was l is ted as a Social Study teacher and Physical Education, yes, s i r . A l l r igh t . But his primary duty was Physical Education, i sn ' t that correct? Yes , that 's true, because he did spend four years of study in the area of Social Studies and Physical Education. And you l i s t him--are you familiar with a report called Data Concerning Employees of Local School D is tr ic ts , sir? Yes, s i r , I am. A l l r igh t . Now, that is f i l l e d out every year for a l l school d is t r ic ts l i s t in g every person employed by the d i s t r i c t , their c e r t i f i c a t io n or non-cert i f ica t ion , and what they teach and how much money they make, is that correct? GLENN H PERRIN O ff ic ial Count R eporter F ederal Building EL Dorado A rk an sas t i » » Bradshaw - Direct 85 2 i! 5 ; 7 10 11 12 II 13 14 15 16 17 18 19 20 21 |i 22 23 24 25 A- That is correct,. Q- Now, for '68 - ‘ 69--these reports are prepared by the local school d is t r ic ts themselves for submission to the State, is that correct? A True. Q- Now, for '68-'69, the year in question here, you did l i s t Bruce McConnell as a P.E. teacher, did you not? A. True. Q- A l l r igh t . And that was what you considered him to be primarily, isn ' t that correct? A. True. Q- A l l r igh t . Now, he also had duties, two hours a day, as a Social Studies teacher, is that correct? A. That is true. Q- A l l r igh t . Now, you had at the same time persons in your D is t r ic t who were completely non -ce r t i f ied , i s n ’ t that r igh t , in '68-'69? A . I think perhaps we might have had one. Q. A l l r igh t . Let me re fer you to Mr. James Henry Klutts , K - l -u - t - t -s , the gentleman you spoke about previously. At that time he had an emergency c e r t i f i c a t e , d idn 't he? A. Yes, Mr. Klutts was employed to teach Math. In gett ing his degree from A S M College, he had not planned to enter into the teaching profession-- Q- Well, what I am interested in — GLENN H PERRIN O w i c u l C o u n t R p o n t u F e d e r a l B u i l d i n g ___________________________________EL D o r a d o A r k a n e a e 7 i 7 » o 86 A. May I continue? Q- I have no objection to your continuing at a later time with counsel, I am interested now in bringing out the fact that he was not c e r t i f i e d , is that correct? A. He was working on an emergency c e r t i f i c a t e because he did not have his education hours,-- Q. A l l r ight. Now,-- A. --which he did get. Q. Now, when was the f i r s t year that he was employed? A. I would have to check. Q. Please do. For the record, Mr. Bradshaw, Mr. Klutts is white, is he not? A. That is true. I believe 1967-'68 was Mr. K lu t ts1 f i r s t year as teacher. Q- And what kind of a c e r t i f i c a t e did he have that year? A. Mr. Klutts held a B.S. Degree with emergency—with an emergency c e r t i f i c a t e . Q. A l l r ight. Now, that emergency c e r t i f i c a t e causes you to have less than an "A" rating, does i t not? A. There are several things to be considered which would prevent the school from being MA“ rating. Q. You can't possibly have one when you have even one single non-cert i f ied teacher, is that correct? A. I am not so sure of that. Q. In 1968-'69 he s t i l l d idn 't have a c e r t i f i c a t io n , did he? G L E N N H P E R R IN O f f i c i a l C o u r t R c p o r t u F e d e r a l B u i l d i n g E L POWAPO ARKAN«A« 7I7»Q Bradshaw - D irec t A. He was working for i t . Q- Is the answer that he did not have i t? A. What was the year? Q. '68-'69, his second year in the D is t r ic t . A. That is correct. Q. In "69-'70, his third year in the D is t r ic t , did he have i t yet? A. I believe his c e r t i f i c a t e was--the emergency was l i f t e d from his c e r t i f i c a t e in the end of that school year. Q. So that a fter three years in the D is tr ic t he f in a l ly had his emergency status l i f t e d and he went to fu l l status, is that right? A. That is true. Q. A l l r igh t. Now, l e t ' s go back to Asive Thomas again at the end of the school year, '67-'68. Was he ever considered for the job of P.E. teacher-- A. He was not. Q. --in the Plum Bayou District? A. He was not. Q. Why wasn't he? A. Because for the past 16 years, I have been with the D is tr ic t for the past 16 years, and 1 know in fact the individual that has been employed as Physical Education instructor has handled a portion of the Social Studies, and this is the reason that Mr. Thomas was not GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 3 0 Bradshaw - D irec t 37 considered because I considered him a weak instructor in the area of Social Studies. Q- And that's primarily because he was not c e r t i f i e d , is that right? A . Primarily. Q- A l l r igh t . Did you ever ask him how long or how soon i t would take him to complete his fu l l c e r t i f ica t ion? A. No, I did not ask him. Q. Did you ever check with the State to see how many courses he could s t i l l teach, even uncert i f ied, without warning to the D istr ict? A - No, I did not. Q- Now, you do know that you can, as a P.E. teacher, teach a limited amount of non-P.E. subjects and s t i l l not cause your D is tr ic t warning, do you not? A . May I give you this information? I f you are working on an emergency c e r t i f i c a t e , I believe the State requirement is th is, that a teacher must pick up six additional hours to enable them to have this c e r t i f i c a t e renewed enabling them to teach the following school year. 2- Well, 1 am asking you now about a teacher who is teaching on a regular c e r t i f i c a t io n , one hundred percent legit imate and proper, as a P.E. teacher, he is s t i l l allowed, even though non-cert i f ied in another area, to teach a limited number of courses without any harm to G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 Bradshaw - D irec t Bradshaw - D irec t 1 2 3 A . 4 Q. 5 1 d 7 :j 8 ■ li A- 10 li i Q. 12 A. 13 Q. 14 15 16 A. 17 18 ii Q.II 19 20 2) l i A. 22 Q. I* 23 ! A. 24 25 the D is t r ic t , is he not, as long as he has some kind of i minor in that f ie ld? Would you repeat your question? Yes, s i r . A P.E. instructor is allowed, is he not, by the State Department of Education, to teach in an area where he has not enough hours for c e r t i f i c a t io n but has some hours without causing the D is tr ic t to suffer any i l l consequences? Well, you are going to be advised and warned by the State Department, true. After how long? One year. A l l r igh t. Did you ever consult with Mr. Thomas about how many hours he needed at that time or whether he would be w i l l in g to get them? I bel ieve I answered that I had not consulted with Mr. Thomas. A l l r igh t. Now, i f he were hired, i t would have meant that the Coach in the high school would have been Mr. Thomas, would i t not? May I answer that in this way? Yes, s i r . I am not so sure that Mr. Thomas would have been a good instructor in Social Studies had he been fu l ly c e r t i f i e d in Social Studies. GLENN H PERRIN O f f i c i a l C o u r t R b p o r t k r F c d e r a l B u i l d i n g EL D o r a d o A r k a n r a r 7 1 7 * 0 Bradshaw - d i r e c t 90 1 Q. 2 3 4 5 A. 6 7 8 A. y Q. 10 n 12 13 A. 14 Q. 15 16 ! J i 18 I A 10 Q. 20 A. 21 22 Q. 23 A. 24 Q. 25; A. Well, that is not what my question i s . My question has to do with who was going to be the Coach. I f he had been hired to be the P.E. teacher, he would have been the Coach, would he not? That's true. And that would have meant that the Coach would have been black in that school, is that correct? That is true. A l l r i gh t . Mr. Klutts continued to work three years in the D is t r i c t on emergency c e r t i f i c a t i o n . Was there any one e lse who worked on less than f u l l c e r t i f i c a t i o n in that School D is t r ic t? In what year? In any of the years, '66-'67, or ’ 65- ’ 6b, the f i r s t year you had freedom-of-choice , through to the present, s i r . I think I did ask you to bring some records with you, and whatever information you have. I h a v e t h e ' 6 7 - ' 6 8 , 6 8 - ‘ b 9 , ' 6 9 - ' 7 0 . That w i l l be f ine . In 1 9 b 8 - ' 6 9 and ' b 7 - ' 6 8 year, we had a Vo letta Chavis with an emergency c e r t i f i c a t e . Was she white or black? She was white. What did she teach? I b e l ieve this was the fourth Grade. G L E N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL Do r a d o A r k a n s a s 7i7>o Bradshaw - D irec t 1 || 2 A. 3 Q. 4 5 1 A. 6 Q. 7 A. 8 9 i 10 Q. 11 j A - 12 j 13 Q - 14 , 15 Q. 16 A 17 Q* j 18 ; i A. 19 Q. 20 21 : A. 22 Q. 23 A. 24 Q- 25 A. 'II, And that was in what year, sir? 196 7- ’ 68. A l l r ight. And she taught at the Plum Bayou School in Wright, Arkansas, is that correct? That is true. A l l r ight. James Henry Klutts in 1967-‘ 68 with an emergency c e r t i f i c a t e . A Hunter Douglas, who also taught In ‘ 67- ‘ 68, with an emergency c e r t i f i c a t e . And where did he teach and what? He was handling Social Studies and Physical Education at the Wright School. And he was white? That is true. And he did not have a fu l l ce r t i f ica t ion? He did not. What was his status? Social studies and Physical Education. I apologize, 1 didn't mean that. Did he have emergency or 90-hour? He did have emergency c e r t i f i c a t e . A l l r ight. ‘ 67- ’ 68, Mr. Asive Thomas, emergency c e r t i f i c a t e . A l l r ight. Is that a l l lor '67-'68? That is true. G L E N N H P E R R IN O f f i c i a l C o u r t R k p o r t m F e d e r al B u il d in g EL Do r a d o . A r k a n e a e 7i7So I Bradshaw - Direct A l l r igh t . So that of the people you mentioned, i t was 2 Chavis, Klutts, and Douglas, white, who were white 3 persons, and Mr. Thonas, is that correct? 4 A . That is true. 5 ■ Q. Now, for ‘ 68-'69, would you t e l l us? 6 A. 168-169, James Henry Klutts. That is a l l . 7 Q. For ‘ 69- ’ 70? 8 A. James Henry Klutts. 9;i a Do you have the records for 1970-'71, or do you know of 10>i i|| your own knowledge? 11 1 A- Were those subpoenaed? 12 a I do not think so. 13 A . 1 do not have those with me unless they were subpoenaed. 14 Q. Offhand in your capacity as Superintendent do you r e ca l l 15 hiring anyone this year for positions who happened to be 16 non-certified? 17 A. Yes, 1 do have one that I r e ca l l that is not fu l ly 18!j c e r t i f i e d . 19 Q. And who is that, sir? 20 A. That is my Science teacher, a Dennis Ward. 21 i Q. And is Mr. Ward black or white? 22 A. He is white. 23 Q. Did Mr. McConnell teach just two years in your D is t r ic t , 24 j| s i r ? 25 A . That is true. GLENN H PERRIN O f f ic ia l Co u rt R eforte* F ederal Bu ild ing EL Do rad o . A rk an sas 7t7so iil Q. Bradshaw - D irec t 5 A . 6 Q. 7 A. 8 Q. 9 10 A . 11 Q. 12 A . 13 ji Q-i 14 ! ! A ' 15 ! a i 16 i A. 17 | i f t 18 A . 19 a 20 A. 21 ft 22 A. 23 ft 24 29 A. Since the time that the three elementary teachers were not rehired pursuant to the unification of the D is tr ic t , have you had occasion to hire any other elementary school teachers? Yes, we have employed one, one other elementary teacher. And what school year was that for? That was for the 1970«'71 school year. A l l r ight* At the current period of time, r ight now, do you have vacancies in your elementary department? No, s i r , I do not have. Who is your Fourth Grade teacher now? Fourth Grade teacher, 1 be l ieve that is Mrs. Clark. And the Third Grade teacher? Mrs. Wall. Is that the same Janet Wall? Janet Dye Wall. Who was the teacher that you hired this year? A Mrs. Florida Roann. Is she s t i l l teaching? Yes, she is . Is she on leave or is she actually there? No, she is not on leave. Did you ever have occasion to rate Mr. K lu t ts , to evaluate him or rate him? No, s i r , I did not. GLENN H PERRIN O f f i c i a l . C o u r t R c p o m t i F c d c r a l B u i l o i n o l< M .A▲ Bradshaw - D irec t 94 Q. A . ji Q- A. a 10 11 12 13 14 15 A. Q- II 16 || A. 17 ij a 18 i,i A. 18 Q. 20 21 ij A . 22 Q. 23 A . 24 25 Now, at the time that he was employed by you, even on an emergency c e r t i f i c a t io n , you made him Head Teacher, did you not? That is true. Now, did you consider, the way you did with other teachers when you were making your evaluation, his transcript? 1 beg your pardon? Did you consider his transcript when you were considering him for his promotion to Head Teacher? I take i t i t was a promotion, was i t not? Well, primarily i t is . He is a Math teacher and he just simply carries the t i t l e of Head Teacher. Does he have some duties and respons ib i l i t ies in that regard-- Yes. --that are of a supervisory nature? T r u e . Did you consider, in evaluating him for that position, his academic transcript and his c e r t i f i c a t io n status? No, 1 did not. You didn't? No, s i r . 1 f e l t l ike the man could do the job, so I appointed him to that position with the approval o f the Board. GLENN H PERRIN O F F I C I A L C O U H T R K P O R T M F b o c r a l B u i l d i n g I' l !| 2 3 4 5 i . 6 l 7 8 9 10 n j 12 l| “ j 14 is; 18!! 17 ! 18 j 19 20 21 22 23 24 25 I r 1L 95 a I see. Since this proceeding has started, have you had an occasion to look at his transcript? A . Yes, I have. MR. STARLING: Your Honor, I am going to object, i f I can, because again, Mr. Klutts, as Mr. Kaplan has pointed out, is a high school teacher, and there is no a l legation in the Complaint that anyone in the high school, none of the p l a in t i f f s - - o r , one p la in t i f f is involved, in reference to the evaluation form, there is nothing in there that indicates that the high school teachers have been discriminated against. This was an evaluation tested only the elementary teachers, and Mr. Klutts is in a high school or high school teacher and Head Teacher at the high school, and there has been no a l legat ion or alleged in the Complaint concerning the high school teachers. THE COURT: Well, I believe he t e s t i f i e d he did not evaluate him, so that w i l l probably s e t t le the question. Q What is--you have discussed for the record the current black.-white teacher situation in the f i r s t eight grades. What is i t in the Ninth, Tenth, Eleventh, and Twelfth? A Ninth, Tenth, Eleventh, and Twelfth, we have two black teachers, one black Librarian. OLENN H PERRIN Of f ic ia l Cou nt R eports* F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 1 0 Bradshaw - Direct i| q. And the two black teachers are s t i l l Miss Brown, or 2 Mrs.--is i t Miss Brown? Miss Annette Brown? 3 A. Miss Brown, Mrs. W i l l i s , and Mr. Sanders, Mr. Cornelius 4 Sanders. 5 Q. And what does Mr. Sanders do? Bradshaw - D irec t 6 !i A- 7 8 Q. ®ii ’i A. i° ! Q- ii A. 12 Q. “ I 15 | 16 Q- i17 A. 18 ft 19 A. 20 Q. 21 1 ! A. 22 23 24 Q. Mr. Sanders is teaching Social Studies and Physical Education. How many periods a day does he teach Social Studies? One. Just one? One, and one Study Hall. And is he c e r t i f i e d in both Physical Education and Social Studies? Yes, soon as he gets his transcript from the State Department of Education he w i l l be fu l ly c e r t i f i e d . But he is not yet , is that right? Right. How many white teachers do we have in the high school? As of ’ 70-'71 school year in the high school? Yes, s i r . Well, grades Nine through Twelve. A l l r igh t , we have six white in the high school for a to ta l of ten whites, to ta l of eight blacks, in the overa l l school, high school and elementary. That is for your whole system? True.___________________________________ GLENN H PERRIN O f f i c i a l C o u r t R e p o r t * * F e d e r a l B u i l d i n o Bradshaw - D irec t 2 A. 3 Q. * A. 5 1! Q. <5 7 !j » A. 9 ! 10 Q. i i• i n j ;| 12 !| 13 \ 14 | 15 16 17 18 19 20 21 || 22 24 Does that include you, s i r , or is that without you? Yes, I would be included. Including you? True. And how about your pupil population as of the time that you have that teacher census, what is your pupil census, by race? We are running approximately 90 percent black, 10 percent white. I see. Do your children go to the Plum Bayou School? HR. STARLING: I object, Your Honor, I r ea l ly don't see any relevance to the fact whether Mr. Bradshaw’ s children go to the Plum Bayou School or not. THE COURT: What is the purpose of i t? MR. KAPLAN: Just another element to show this ind iv idua l ’ s attitude and the way he views this sys tern. ME. STARLING: Well, does the fact — THE COURT: I think that is far-fetched, Mr. Kaplan, and such a speculative thing for his view and his view of this system. I think Mr. Bradshaw is answering your questions pretty forthwith. MR. KAPLAN. Your Honor, I think that where he sends his children, in view of the fact that he GLENN H PERRIN O f f i c i a l C o u r t R b f o r t k r F c d c r a l B u i l d i n g VI nn.ADo Ar k a n s a s 71790 l ives in Wright, has some relevance, and i f he sends his children to this school or not. THE COURT: I don’ t think i t has a thing to do with i t . MR. KAPLAN: I f Your Honor please, I would l ike to make an o f fe r of proof from the deposition. THE COURT: A l l r igh t . THE WITNESS: Your Honor, may I have a word with my lega l counsel? MR. KAPLAN; Your Honor, I would o f f e r to prove that i f he were allowed to answer this question, he would say that they do not attend these schools but attend schools in North L i t t l e Rock and that he did so answer on deposition. I believe that 's a l l , Your Honor. MR. STARLING: Your Honor, I am going to, except for just about 15 minutes of questioning, or 10 minutes of questioning on just two subjects, I am going to defer the major part of my cross examination of Mr. Bradshaw simply because he is going to be a witness for me in the application of my case, of the defendants' case. What questions I do have to ask Mr. Bradshaw would probably take around 10 minutes and no longer i f the Court would l ike for me to resume. GLENN H PERRIN O f f i c i a l C o u r t R u f o r t c r F i d i r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 99 THE COURT; You may proceed, then, CROSS EXAMINATION BY MR. STARLING; Q. Mr. Bradshaw, the p la in t i f f s have a lleged, in reference to one of the p la in t i f f s , Mr. Asive Thomas, that you terminated him in 1968 so as not to hire a black P„E. instructor and a Coach. In reference to that a l legat ion , I ask you, what race is the man who now holds the job of Social Studies teacher, P„E„ instructor, and Coach? A. Mr. Cornelius Sanders is a black instructor. Q. Now, Mr. Bradshaw, when was Mr. Asive Thomas employed by the School D istr ic t? A. 1 b e l i e v e that was January 26th or 28th of 1967. 0. And what was he employed to do by the D is tr ic t at that time? A. Teach Social Studies. Q. Do y o u have a position a t the--or did you at that time, the t i m e being 1966- ' 6 7 , h a v e a position in the Tucker - R o s e n w a l d Elementary S c h o o l which was a P.E„ instructor a n d a C o a c h ? A. No, s i r , we d i d not have. Q Do y o u have a position, o r did you have a position at the Tucker-RosenwaId School at that time for a P.E. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 * 0 Bradshaw - Cross Bradshaw - Cross 11 ins true tor ? 2 A. No, s i r , we did not have, because-- 3 Q. Then what was the purpose for which you employed Mr. 4 Thomas ? 5ji A. Hr. Thomas was employed to teach Social Studies. Kt Q. And did Mr. Thomas teach Social Studies at the Tucker- 7 Rosenwald School from January, *66, through May of 1967? 8 ! A . Yes, s i r , he did. 9 i a Was Mr. Thomas’ contract renewed for the school year 10 196 7 -'68? 11 A. Yes, i t was. 12 Q. Now, what was Mr. Thomas contracted with to teach for 13 the school year 1967-'68? 14 A. Social Studies. 15 ! | Q. Was he contracted to teach P.E.? 16 A . No, s i r , he was not. 171! Q. Was he contracted to be a Coach? 18 i! A. No, s i r , he was not. 18 Q. Was Mr. Thomas’ contract renewed to teach Social 20 Studies at the Tucker-Rosenwald Elementary School for 21 j| the upcoming year, 1968-69? 22 A . No, s i r , he was not, because 1 f e l t Mr. Thomas was weak 23 24 25 i n the a r e a of S o c i a l S t u d i e s a s f a r a s t h e i n s t r u c t i o n s h e w a s p r o v i d i n g t o t h e s t u d e n t s , a n d I d i s c u s s e d t h i s w i t h t h e H e a d T e a c h e r , M r . E d w a r d s , a n d M r . E d w a r d s GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g C L D o r a d o A r k a n i a i 7 i 7 » o 10 0 ! Bradshaw - Gross 12 'I 13 14 15 16 17 Q. A. 18 19 20 21 22 33 Q. 24 25 1 agreed that he was weak, and 1 did not make r e c ommen d a t i oi)i 2 to the Board for his contract to be renewed for the 3 upcoming school year. 4 Q. And was Mr. Thomas c e r t i f i e d in the area of Social *lj |i Studies ? 6 1 A. He was not c e r t i f i e d . 7 ■: Q. Did you not i fy Mr. Thomas in writing as required by the 8 Arkansas Law that his contract would not be renewed for 9 ! the upcoming year 1968-'69? 10 A. Yes, s i r , I did. U 1 Q. I show you a copy of a l e t te r and ask you, can you identi fy that, please, s i r , as a le t te r which you sent to Mr, Asive Thomas informing him that his contract would not be renewed for the school year ’ 68“ '69? Yes, s i r , this is a copy of the l e t t e r . Would you read the contents of that le t ter? Yes, s i r . "Mr. Asive Thomas, 616 North Magnolia, Pine Bluff, Arkansas. Dear Mr. Thomas: The Plum Bayou- Tucker School Board met in special session, Apr i l 22nd, at 7:30 p.m„, and at that time i t was decided that your contract would not be renewed for the 1968-'69 school year Now, Mr. Bradshaw, when Mr. Thomas came to work at the School District with the Tucker-Rosenwald Elementary School in ‘67-'68 as a Social Studies teacher, who was G L E N N H P E R R IN O f f i c i a l C o u r t R i p o r t i r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n r a i 7 17 S O 101 1 Bradshaw - Cross 102 1 1 his counterpart in the Plum Bayou High School during 2 that period of time? 3 A. In 1967-'68? 4 Q. Yes. 5 A. Mr. Hunter Douglas. 6 Q. Now, was Mr. Hunter Douglas white or black? • A Mr. Douglas was white. 8 Q. Now, what was Mr. Hunter Douglas employed to do at the 9 Plum Bayou High School during the school year 1967-'68? 10 A. Mr. Douglas was employed to teach Social Studies and 11 Physical Education. 12 ‘ Q. Did the Plum Bayou High School at that time employ a 13 Coach? 14 j A. No, s i r , we have never employed a Coach as such. 15 1 i Q. Did the Plum Bayou High School at that time employ just 16 1 a P.E. instructor? 1 17 | j A. No, s i r , we did not. 1 1 8 |j Q. Now, during the school year 1967-1968, did Mr. Hunter 19 Douglas, who is white, teach Social Studies and 20 Physical Education at the Plum Bayou High School? 21 A Yes , s i r , he d id . 22 Q. And did you renew Mr. Hunter Douglas’ contract for the 23 '! school year 1968-1969 as a Social Studies and P.E. 24 teacher ? 25 i A. No, s i r , I did not. I|------------------------------------------------------------------- — ------ -------------- — GLENN H PERRIN O f f i c i a l C o u r t R p o r t e r i jag f c F e d e r a l B u i l d i n g t \£? ii E L D o r a d o A r k a n s a s 7 i 7 » o a l a f l / * .r o s s l i 6 4 t) H 9 i 0 11 12 13 14 15 2 16 17 18 lit 2(1 2' 22 22 24 25 U- nv - b e . d , : s e I f e l t t h a t M r . D o u g l a s w a s v e r y w e a k i n t h e a r e a - o c t a l S t u d i e s . 1 d i s c u s s e d t h i s w i t h t h e H e a d T e a c h e r a t t h a t t i m e , a n d h e a g r e e d , a n d M r . D o u g l a s h a d aadi - n o p r o g r e s s a s . a r a s p i c k i n g u p h o u r s i n S o c i a l t u l l e s , a n d I r e c o m m e n d e d t o t h e B o a r d t h a t M r . D o u g l a s s o t : e r e e m p l o y e d f o r t h e u p c o m i n g s c h o o l y e a r . I s t n i s t h e s a m e t i m e t h a t y o u r e c o m m e n d e d t o t h e S c h o o l b o a r ; t h a t M r . A s i v e T h o m a s w h o w a s d o i n g e x a c t l y t h e s a m e t h i n g a t t h e T u c k e r - R o s e n w a l d E l e m e n t a r y S c h o o l c o n t r a c t n o t b e r e n e w e d ? Y e s , s i r , t h a t i s c o r r e c t . A n n J i d y o u w r i t e M r . D o u g l a s a l e t t e r ? I did. I s n o w y o u a l e t t e r d a t e d April 3 0 t h , 1 9 6 8 , a n d a s k y o u I I y o u c a n i d e n t i f y t h a t a s a l e t t e r w h i c h y o u s e n t t o M r . H u n t e r D o u g l a s ? Y'-.- , t h i s i s a c o p y o i t h e l e t t e r . w o u l i y o u r e a d t h a t , p l e a s e ? i , d i r . " D e a r M r . D o u g l a s : T h e P l u m B a y o u - T u c k e r S c h o o l B o a r d m e t i n s p e c i a l s e s s i o n , A p r i l 2 2 n d , a t 7 : 3 0 p . m . , a n d a t t h a t t i m e i t w a s d e c i d e d t h a t y o u r c o n t r a c t w o u l d n o t b e r e n e w e d f o r t h e 1 9 6 8 - ' 6 9 s c h o o l y e a r . " Ls t h a t e x a c t l y t h e s a m e l a n g u a g e t h a t G L E N N H PERRIN O e i m c i a l C o u r t R e p o r t e r F e d e r a l Building y o u u s e d i n y o u r .03 F l n n s i r t n A d v a m o • c Bradshaw - Cross 104 1 | 2 3 4 5 19 20 21 :i 72 23 24 25 ; l e t t e r to Mr. Thomas? A. Yes , s i r , i t is . Q- Mr. Bradshaw, did you not renew the contract with Mr. Hunter Douglas for exact ly the same reasons that you did not renew the contract for Mr. Asive Thomas who was bas ica l ly doing the same thing Mr. Douglas was doing? A. Yes, s i r . The reason their contracts were not renewed is because both gentlemen were weak in the area of Social Studies as far as the instructions that they were g iv ing to the students. Q. And was Mr. Douglas--! b e l ie ve you t e s t i f i e d he was white, is that correct? A. That is true. I Q- Mr. Thomas was black? j A. Right. Q. And who is the man, or the name o f the man that you hired at this point to take the place of Mr. Hunter Douglas who you had just terminated? A. Mr. Bruce McConnell. Q. And what was Mr. McConnell hired to do? A. Mr. McConnell was hired to teach Social Studies and Physical Education. Q- Was Mr. - - r e v e r t in g back just a second, was Mr. Hunter Douglas, who you terminated, was he c e r t i f i e d to teach Social Studies? G L E N N H P E R R I N O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g ci rv U .C , Bradshaw - Cross 105 1 A. 2 0. 3 4 A. 5 q. i j6 V | A . 8 9 , Q. 10 n ; j A . 12 'I 13 I Q. 14 1 ® : A . t; 16 ii 17 19 20 A. 2 1 ij Q . 2 2 A . 23 Q. 24 25 No, s i r , he was not. Then are you saying that neither Mr. Douglas nor Mr. Thomas were c e r t i f i e d to teach Social Studies? Neither were. Was Mr. Bruce McConnell, who you hired to replace Mr. Hunter Douglas, c e r t i f ied? Yes, s i r , Mr. Douglas—Mr. McConnell was fu l ly c e r t i f i e d in the area of Social Studies and Physical Education. What kind of teacher in Social Studies was Mr. McConne11? I would say that Mr. McConnell was above average in this area. Now, what happened to Mr. McConnell after--how long did he remain a teacher? Mr. McConnell was with Plum Bayou-Tucker D is tr ic t for two years and then received employment in Wabbeseka D is t r i c t . And when Mr. McConnell l e f t your School D is t r ic t , I ask you the name of the man who you hired to replace him? Mr. Cornelius Sanders. And is Mr. Sanders black or white? Mr. Sanders is black. Mr. Bradshaw, I just have a couple of more questions I want to ask you at this time. I ask you in reference to the p la in t i f f s ' a l legation 19 in the p la in t i f f s ' GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e de r al B u il d in g E L Dorado A rkamaas 7 1-?tn Complaint where they alleged that Mrs. Lucreasia Evans, who is a p la in t i f f in this case, has been discriminated against because she was placed on the T i t l e I payroll . Mr. Bradshaw, when was Mrs. Evans placed on the T i t l e I payroll? Mrs. Evans was placed on the T i t l e I payroll in 1965-'66 school year prior to me becoming Superintendent of the Plum Bayou-Tucker School D is tr ic t . Now, since you have become Superintendent, has Mrs. Evans ever requested that you remove her from the T i t l e I payroll and transfer her back to the regular payroll? She has never made the request to be taken o f f the T i t l e 1 payroll and transferred back to the regular payro l l , Are there any special requirements or standards that a teacher under a T i t l e I program must meet to retain her status as that, as T i t l e I teacher, other than simply c e r t i f i c a t io n as any other teacher would have to have? That is a l l , they must have an elementary c e r t i f i c a t e . Now, I be l ieve on your direct examination you t e s t i f i e d that there were other teachers at this time during the period 1966 through 1969 who were also placed on the T i t l e I program? That is true. And were some of these teachers white? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 17 : 107Bradshaw - Cross A. Yes, sir. Q. I take it that some of the teachers were black? A. True. Q. A. Q. A . Q. A . Q. A. Q. Did Mrs. Evans’ salary increase as a result of her being placed on the T i t l e 1 program? Yes, Mrs. Evans' salary, 1 think, had increased from $ 3 , 8 8 9 . 0 0 up to, through the '69-'70 school year, up to $6,000.00, which means approximately a $2,111.00 increase. What is she presently making in reference to the teachers who are placed on the regular payroll? A t the present time, Mrs. Evans is the highest paid elementary teacher in the Plum Bayou-Tucker School D is tr ic t other than the Head Teacher, and I believe that Mrs. Evans is drawing approximately $311.00 more than any other teacher. Mr. Bradshaw, was Mrs. Evans one of the 13 elementary teachers who were evaluated by you in reference to which teachers would be retained and which teachers would not be retained due to the unification of the school system in 1969 and '70? Yes , s i r , she was. And according to that evaluation was Mrs. Evans one of the ten teachers retained by the School D istr ic t? Yes , s i r . Mr. Bradshaw, when you ranked those teachers GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g F I n n B . n o . . . . . . . . . . . . . or ILK --—i 1 !i'I 2 3 4 5 | 6 || 7 8 9 i| li 10 11 ii 12 1 13 || I 141! 15 j! I 16 || H i ,8 ]|| 19 20 2! 22 23 24 25 — I- I I; ji Bradshaw - Cross 108 evaluated those elementary teachers, did you evaluate them in reference to the subjects they taught or the grades they taught or how did you evaluate them? I evaluated the teachers on their overa l l a b i l i t y . And I am assuming from that answer, then, you are-- is i t true that since Mrs. Evans was retained under the evaluation, that in the event T i t l e I funds became unavailable, she would s t i l l be retained by the D is tr ic t because she ranked higher than the other teachers? True, Mrs. Evans being ranked in one of those ten would have, say, i f T i t l e I money had not been availab le , she would have been retained by the D is tr ic t under the regular school funds. Now, I ca l l your attention, Mr. Bradshaw, to the interrogatories propounded by the defendants to the p la in t i f f s , and those have been introduced into evidence in this case, and sp ec i f i c a l ly to Interrogatory No. 2 where the defendants asked the p la in t i f f s , and I quote, "You have alleged that Mrs. Evans is suffer ing damages because the D is tr ic t placed her under the T i t l e I payroll , although her salary was increased and she has acquired new and useful sk i l ls benef ic ia l to her teach ing status. State the spec i f ic damages which Mrs. Evans has incurred in reference to the D is tr ic t placing her under the T i t l e I program." GLENN H PERRIN O f f ic ia l C o u r t R e p o r t e r F ed e r al B u il d in g EL D nR inn A b i t a u a a « Bradshaw - Cross In response Co this Interrogatory, the p la in t i f f s answered: “Mrs. Evans' contract states that she w i l l be paid, ' i f funds are a va i lab le ' , i t u the act of the defendants in making her position subject to the a va i la b i l i t y of federal funds, and thus removing her from the security of the regular payroll that has damaged Mrs. Evans. Further, the D is tr ic t has refused to pay for the acquisition of any new sk i l ls necessary for Mrs. Evans to perform properly In her position as a T i t l e I teacher. Mrs. Evans found i t necessary to expend her own money to acquire these necessary s k i l l s . " In response to that answer of the p la in t i f f s , I ask you i f the T i t l e I funds became unavailable, would Mrs. Evans s t i l l be retained by the D is tr ic t in reference to j the evaluation o f the 15 teachers? Yes, since Mrs. Evans ranked as one of those 10 teachers, she would be transferred back to the regular school program because she was evaluated as a teacher and her overa l l a b i l i t y and not evaluated as just a T i t l e 1 teacher. i s there any teacher that you know of that has had this hapnen to her, that she was a T i t l e I teacher and had the funds taken away? WeU> yes ’ Vlr* K lu tts , and then our Science teacher, both o f these teachers, plus Mrs. Clark. GLENN H PERRIN O r r i c i A L . C o u r t R b p o n t k n B u i l d i n g / ✓ Bradshaw - Cross 110 lij a 2 A . 3 4 h 5 6 Q. 7 8 A . 9 Q. 10 11 i 12 1 3 I A ! 14 , j| is i! | i16 ll11 17 !! n I 18 II 19 20 Q. 2 1 l j A . 22 Q. 23 24 Who is Mrs. Clark? Mrs. Clark is our Fourth Grade teacher or working in the elementary level, who is a Negro teacher. She was on the Title I program last year and we had to move her back to the regular program this year. Now, in your evaluation of the 15 elementary teachers, was Mrs. Clark evaluated one of the 10 top teachers? Yes. Do the contracts of the other teachers who are under the Title I payroll, both white and black, which you have testified the District has, do their contracts all state "if funds are available"? Every contract that is issued in the Plum Bayou-Tucker School District will bear that insertion, "payable if funds are available" , no matter whether they are Title I or regular salary funds. You say the regular salary funds contracts say the same thing? Yes, sir. And that is what? "Payable if funds are available,," Did Mrs. Evans ever request that she be given the opportunity to take additional studies at the expense ot the District? Yes, sir, she has made the request. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7i7so -Tj- — i|- ' Ml 2 3 4 5 t! 6 7 8 9 | 10 i 11 i il 12 ! 1 14 Ij 15 iljl 16 ij I 17 j, 19 20 2! ij 22 23 24 25 | il11 Q. And what was your response to that request? A . Well, 1 simply told her that the D is tr ic t could not or had not had a practice of deferring educational expense for an individual teacher. Q. Prior to the request by Mrs. Evans for additional studies, has the Plum Bayou-Tucker School D is tr ic t ever expended D is tr ic t funds for the acquisition of new sk i l ls by teachers? A. No, s i r , we have not. Q. A n d a fter the request by Mrs. Evans that she be allowed to acquire additional sk i l ls at the expense of the D is t r ic t , has the D is tr ic t ever allowed any teacher to do this, black or white? A . N o , s i r , w e h a v e n o t . MR. STARLING: I believe that 's a l l , Your Honor. THE COURT. A n y t h i n g further, Mr. Kaplan? MR. KAPLAN: Yes, just on those related items, I have a few things. would you l ike to f in ish those up now? THE COURT: A l l r igh t . REDIRECT EXAM LN AT ION BY MR. kAFLAN: Q. Mr. Bradshaw, when you reported to the State in 1967-'68 Mr. Hunter Douglas as an employee of the D is tr ic t , you GLENN H PERRIN O f f ic ia l C o u r t R eporter F ed e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o Bradshaw - Cross 1 1 2 Bradshaw - Red irec t 2 1 A . 3 i Q. 5 6 A T ' Q. 8 9 1 0 A . 1 1 l l Q . j 12 13 14 15 ! 18 17 !l Q. 18 19 2 0 Q . 21 22 2 : i A . 24 g. ij 25 l i s t e d h i m a s a p „ E „ i n s t r u c t o r , d i d y o u n o t ? i \ i . a n d S o c i a l S t u d i e s , t h a t i s t h e a r e a i n w h i c h h e w a s w o r k i n g . A l l r i g h t . B u t y o u l i s t e d h i m a s a P . E . i n s t r u c t o r , i s t h a t c o r r e c t ? I a s s u m e t h a t i s c o r r e c t . O k a y . N o w , f o r ' 6 8 - 6 9 , w h e n y o u h i r e d M r . M c C o n n e l l , h e a g a i n d i d t e a c h f o u r h o u r s o f P . E . a n d o n l y t w o o f S o c i a l S t u d i e s ? T r u e . A l l r i g h t . Am I c o r r e c t i n my r e c o l l e c t i o n o f y o u r t e s t i m o n y t h a t y o u d i d n o t a s k M r . T h o m a s h o w m a n y h o u r s Oi. i f h e w a s w i l l i n g t o r e m o v e h i s d e f i c i e n c y i n S o c i a l S t u d i e s ? I s n ' t t h a t c o r r e c t ? N o , I d i d n o t p e r s o n a l l y a s k h i m . O k a y . A t t h a t p a r t i c u l a r t i m e w e d i d h a v e a t r a n s c r i p t w h i c h c o u l d b e r e v i e w e d a n d t h i s i n t o r m a t i o n c o u l d b e a s c e r t a i n e d . A l l r i g h t . N o w , w i t h M r s . E v a n s ' s a l a r y i n c r e a s e , a l l o f t h e t e a c h e r s i n t h e D i s t r i c t h a v e h a d s a l a r y i n c r e a s e s i n t h a t p e r i o d o f t i m e , i s t h a t c o r r e c t ? True. N o w , I a s k e d f o r a s u b p o e n a e d i t e m w h i c h a s k e d f o r t h e | s a l a r y s c h e d u l e o f t h e D i s t r i c t f o r 1 9 6 5 t o t h e p r e s e n t . G L E N N H P E R R I N O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g / / o PI n n o * r \r t A . . . . , Bradshaw - Red irec t 113 1 n o t i c e o n r e v i e w t h a t t h e r e w a s n o s u c h i t e m t h e r e , 2 C o u l d y o u t e l l u s w h a t t h e p o l i c y w a s ? 3 A . I n w h a t y e a r w a s t h i s ? 4 0. W e l l , a l l o f t h e y e a r s f r o m ' 6 5 t o t h e p r e s e n t • n A . I h a v e o n e h e r e b e f o r e me t h a t w i l l g i v e y o u t h e 6 i n f o r m a t i o n , 1 9 6 6 - ‘ 6 7 , * 6 ? — ' 6 S , ‘ 6 8 - ' 6 9 , ' 6 9 - ' 7 0 , w h i c h 7 ! w i l l s h o w y o u - - 8 Q. A l l r i g h t . 9 ! A - - - e a c h t e a c h e r a n d t h e i r s a l a r y . 10 , Q. T h i s s h o w s t h e s a l a r y o f a l l o f t h e t e a c h i n g p e r s o n n e l , 11 i s t h a t c o r r e c t ? 12 i A. T r u e . 13 Q. N o w , am I c o r r e c t i n s a y i n g t h a t t h e r e w a s n o s a l a r y 1 14 j : j s c h e d u l e f o r y o u r S c h o o l D i s t r i c t d u r i n g a n y o n e o f t h o s e 15 ) y e a r s ? 16;1 A. Y e s , s i r , w e d o h a v e a s a l a r y s c h e d u l e . ! 17 Q- A l l r i g h t . A n d w h a t i s t h e s a l a r y s c h e d u l e ? 18 1i A . j I ma y h a v e a c o p y o f o n e h e r e . I n 1 9 6 7 - ' 6 8 , t h i s i s 19 t h e s a l a r y s c h e d u l e , a n d w e s h o u l d h a v e o t h e r c o p i e s . 20 Q. A n d t h i s s a l a r y s c h e d u l e i s a n i t e m t h a t w a s a p p e n d e d 2! jj t o t h e i n t e r r o g a t o r i e s , i s t h a t c o r r e c t ? 22 I A . I b e l i e v e s o . 23 T HE C O U R T : W h i c h o n e ? 24 M R . K A P L A N : U h - - 25 II T H E C O U R T : 2 9 ? G L E N N H P E R R I N O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g El__ D o r a d o __A r k a n s a s 71730 M Bradshaw 114 - Red irec t j! U- 10 A. 11 Q. 12f| »|l p 14 ' I! 15 16 Q. 17 18 1 A . 19 Q. 20 21 i A . 22 Q. 23 24 A . 25 4 Q. MR» KAPLAN: I think so, Your Honor. THE (X)URT: 29 and 30, apparently., MR. KAPLAN: Answer to Interrogatory No. 29, Your Honor, was '69 and '70. iMr„ Bradshaw, the document that you handed me is a teacher salary schedule for '66--67, had beginning salary for a Bachelor’ s Degree of $4,000.00 and annual increments of $50.00 up to 10 years of service, is that correct? Yes. This is correct i f the money is avai lab le . I understand that. The extra duty got $900.00 with a maximum of $4,950.00, is that correct? This is simply a figure which may be used or that amount could be given at the discretion of the Superintendent and recommendation made to the Board and their approval. Master's Degree had $350.00 more, is that correct, $4,350.00 commencing salary? I believe th a t ’ s correct. And diploma of advance study ca l ls for $4,700.00, is that right? That is true. Superintendent and Principal were to have their salaries determined by the Board of Directors? That is true. A l l r ight. Now, in that school year '66-'67, did you G L E N N H P E R R I N O f f ic ia l C o u r t R e p o r t e r F ederal B u il d in g EL Do r a d o A r k a n e a r t » i m Ha. T 2 3 4 5 6 7 8 9 have a c e r t i f i e d white teacher who earned less than any black teacher? A- I would have to look at the schedule. Q- Please do. No, s i r , I did not, but we did have some that drew the same salary. Q- Who were they? A- Voletta Chavis and Mis. Davis each drew $4,000.00. Q- Now, Voletta Chavis is white, is that right? Bradshaw - Red irec t 1 0 A . “ I Q . 13 A . ■*|j Q. 15 16 A . 17 I, 18 ii Q. 19 20 21 22 23 Q. That is true. A n d s h e w a s working o n a n emergency c e r t i f i c a t io n , not a f u l l c e r t i f i c a t io n , i s t h a t right? Right. And Mrs. Davis, Art ie Davis, how was i t that she only made $4,000.00? Was that her f i r s t year? I am not sure that Mrs. Davis was fu l ly c e r t i f i e d at that time. N o w , s h e h a d h a d , h a d s h e n o t , several years i n the D i s t r i c t ? Y e s , she had b e e n employed on a substitute contract, blanket contract, whereby she worked for two or three y e a r s before she ever obtained a degree from a co l lege . Do vou know approximately how many years she did have I ' I l f i n t h e D i s t r i c t ? I s i t a b o u t t h r e e , s i r ? 25 jj _ _ _ _ | | _ A . On e s e c o n d . G L E N N H P E R R I N O f f i c i a l C o u r t R i p o r t i r F e d e r a l B u i l d i n g __________ E L D o r a d o ___ A r k a n s a s 7 _________________________ m 3radshaw - Red irec t 1 1 6 1 Q. 2 A. 3 4 Q. 5 ! 6 A. i 7 ![ 8 ! Q- 9 I A- 10 Q. 11 A. 12 Q. 13 A. 14 15 Q. 16 A. 17 18 1 1 Q. 19 A. 20 a 21 ! 22 1 23 24 BY 25 Q. ll- Okay . As of 1967-'68 year, Mrs. Davis had completed one year teaching experience in the Plum Bayou-Tucker D is tr ic t . Do you know whether that was her to ta l experience or whether she had been in other d is tr ic ts? I believe the Plum Bayou-Tucker School D is tr ic t is the only d is t r i c t she has served as a teacher. Was your salary schedule changed at a l l in 1967-'68? Yes, s i r , I think the salary schedule was amended. A n d d i d i t go up? I be l ieve so. To what f igures, do you reca l l? I cannot give you those figures without the schedule being in my presence. And do you have that schedule? i f 1 do not have i t in this accumulation of materials, Mr. Starling does not have i t , I can get i t for you. And during the recess w i l l you attempt to locate those? Yes , sir , I w i l l . A l l r igh t . MR. KAPLAN: That's a l l I have at the present time Your Honor. THE COURT. I notice Robert J. Hall, ’ 66-'67, $4,200.00, and Lois G GLENN H PERRIN O f f i c i a l C o u n t R e p o r t e r F e d e r a l B u i l d i n g 1 2 1 A . 3 Q. 4 i 5 l j A . 6 1 | 7 i q . 8 A . 9 1 Q- 10 1 11 A . 12 Q. 13 A. 14 Q. 15 16 A . 17 1 Q. 18 ' I A . 19 20 2 i: 22 23 24 — • I Thomas, $4,200.00. Are they both black? Yes, s ir . Does p la in t i f f Lucreasia Evans s t i l l work with the School D is tr ic t? Yes, s i r , she is s t i l l employed by Plum Bayou-Tucker School D is t r ic t . Has she been on T i t l e I since 1965? Yes, s ir . In other words, she was put on T i t l e I program in 1965 by your predecessor? True. And when did he pass away? April 4th, 1967. And she's been working--teaching for your school under this program ever since? That is correct. And is so now? Yes, s i r . THE COURT: Anything further, Mr. Starling? MR. STARLING: No, s i r , Your Honor. THE COURT: Anything further, Mr. Kaplan? MR. KAPLAN: No, Your Honor. THE COURT: You may stand aside. (Witness excused.) GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g VI nnEinn Direc tL i t t l e j ohn THt. COURT: The Court w i l l now be in recess ror the noon hour. 1 notice i t is substantial ly past 12 o'clock, 1 don't know i f we can get back by 1:30 or not, we w i l l try . If not, just as soon thereafter as we can. The Court w i l l now be in recess until that time. 8 (Whereupon, 9 thereupon, 10i:i heretofore, li i| had, to-wit 12 'i 13 MR. KAPLAN: Dr. Littlejohn: 14 15 16 17 WALTER LITTLEJOHN. called as a witness on behalf of the p la in t i f f s , being f i r s t duly sworn, testified as follows: 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MR. KAPLAN: Q. MR. STARLING: Your Honor, if I may, at this time, it's my-understanding that Mr. Kaplan is going to have two witnesses in this respect, and I make the objection to the fact that if it is the intention ________ of these witnesses to testify as to what are the G L E N N H PERR IN O f f i c i a l C o u n t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n r a s 7 i 7 » o / 7 k 119 1 2 3 4 10 11 12 13 l 14 ! J 16 j 17 il11 13 J 19 20 21 || 22 23 24 25 I evaluation c r i t e r ia u t i l i zed was fa i r or non- discriminatory or whether i t was the best or proper c r i t e r ia to be used or whether i t was not the best, I object on, f i r s t , the grounds that starting this lawsuit the p la in t i f f s have admitted that the c r i t e r ia or evaluation c r i t e r ia u t i l ized were fa i r and non-discriminatory of and in i t s e l f , that the only a llegation they are making is the c r i t e r ia as applied to the various teachers were discriminatory. Second, I think that on many occasions perhaps this Court, I know the Eighth Circuit Court of Appeals has stated there is no proper c r i t e r ia or d irect exactly the proper c r i t e r ia to be u t i l i z ed in such a case as this, le john - D irec t that experts across the country have disagreed as to what c r i t e r ia is proper. And, th ird ly , i f i t is the intention of these witnesses to t e s t i f y as to the application of the c r i t e r ia to the various teachers, then I object to their qua l i f ica t ion to do so insofar as 1 doubt very seriously i f they have ever been to the Plum Bayou School D is tr ic t No. 1, and, too, i f they know anything concerning the facts of this case. THE COURT: Well, of course, in the f i r s t place the Court doesn’ t know what this witness GLENN H PERRIN O f f ic ia l C o u r t R e p o r t e r F ed e r al B u il d in g EL Do rad o__a r k _i m n i s going to t e s t i f y to , thus far doesn 't even qua l i f ies as an expert, can do so, why he can give opinions, i f he can 't , then he cannot be giving any opinions regarding evaluation or anything else that might be involved. Insofar as the other point that you raised about whether they have been to the school or not, I don't know that the Court is concerned about that one way or the other. We w i l l just wait and see what the testimony is going to be. MR. KAPLAN: Your Honor, before we do commence, procedurally I would l ike to clear up one thing and that is I would l ike to move for the admission of P l a i n t i f f s ’ Exhibits No. 1 and 2 which I did not do before. THE COURT: What were P la in t i f f s ' Exhibits 1 and 2? MR. KAPLAN: P la in t i f f s ' Exhibit No. 1 was the evaluation form or the Principal, Mr. Edwards; and No. 2 was a le t te r of Mr. Bradshaw regarding interscholastic sporting a c t i v i t i e s . THE COURT: Yes, they w i l l be received for the record. know his name; and, second place, i f he GLENN H PERRIN 1 EL non A __i a n u . i . - O f f i c i a l C o u n t R e p o r t e r F ed e r al B u il d in g 121 2 3 4 5!> i ;6 7 8 y 10 li 13 14 !i 15 I 16 17 i i 18 |j 19 20 21 22 ! BY MR„ KAPLAN: Q- Mr. L i t t l e j o h n , p l e a s e t e l l us your name and address. A. W a l t e r L i t t l e j o h n , 3 3 1 4 S o u t h Main, Pine Bluff. Q. W h a t i s y o u r p r e s e n t o c c u p a t i o n , D r . Littlejohn? A- S u p e r v i s o r o f S t u d e n t T e a c h e r s , AM&N College, Pine Bluff. Q- How l o n g h a v e y o u h e l d t h a t p o s i t i o n ? A . F o u r a n d a h a l f y e a r s . Q- B e f o r e y o u g o i n t o s o m e o f your duties in that capacity, w o u l d y i u t e l l u s y o u r e d u c a t i o n a l background, where y o u r e c e i v e d y o u r d e g r e e s , a n d the employment that you h a v e h a d p r i o r t o AMAcN College? A . B a c h e l o r ' s D e g r e e i n M a t h e m a t i c s , AM&N College; Master’s I D e g r e e i n E d u c a t i o n a l A d m i n i s t r a t i o n from the University I o f A r k a n s a s ; D o c t o r ' s D e g r e e in Secondary Education from j t h e U n i v e r s i t y o f A r k a n s a s . I have been employed as a c l a s 8 r o o m t e a c h e r , school principal, public school s u p e r i n t e n d e n t , a n d p r i o r t o coming--immediately prior t o c o m i n g t i A r k a n s a s AM&h, I was employed as Assistant P r o f e s s o r o r E d u c a t i o n a l administration, Texas Southern U n i v e r s i t y a t H o u s t o n . Q. How l o n g d i d y o u h a v e t h a t p o s i t i o n , s i r ? A . One y e a r . L i t t l e j o h n - D irec t 23 ĵ.- 24 25 .An: v o u r 1 u t i . e s , w o u l d y o u p l e a s e t e l l us what your d u t i e s a r e a L p r e s e n t a t A r k a n s a s AM&N College? I h a v e t h e r e s p o n s i b i l i t y o f supervising our Student GLENN H PERRIN O f f ic ia l C o u r t R eporter F ederal B u il d in g r 1 h O B l n n A D V A k lA A A "» A "n R A m L i t t l e j o h n - D irec t 1 2 2 i1 :: 2 3 Q. 4 5 6 9 10 1 1 i A . 13 ji 14 (I 15 |, r t . ji 1 6 1 i 17 |i 20 2 1 : ! A . 22 23 24 Teachers in secondary education who are preparing to teach» In that capacity as a supervisor of student teachers, do you have occasion to be involved with them and with school administrations throughout the State o f Arkansas on evaluation projects for teachers? Yes. Are you familiar with the l i te ra ture in the f i e ld of evaluation and with practices generally in evaluating public school personnel, teaching personnel? Quite familiar with that c r i t e r ia , yes, s i r . In addition to your academic experience with evaluation, were you also familiar with evaluation both as a high school principal and as a high school superintendent? Yes, we went through the processes of evaluating teachers for the purpose of improvement of instruction in the schools I worked in, both as a principal and I had a part in i t as a superintendent. Dr. L it t le john, would you speak up just a l i t t l e b i t louder so that we can a l l hear you? Yes. I said that we had--I had respons ib i l i t ies in evaluation for the purpose of improvement of instruction both as the school principal and as a superintendent of the schools. Thank you, s i r . Are there some general techniques or GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g guidelines that are accepted by evaluators, school systems, academicians, in regard to evaluation ot public school teachers? Yes, there are. In particular, area that you are speaking of now? 2. Yes, I am interested in guidelines, techniques of c r i t e r ia involved in evaluating teachers both in regard to their competency, retention, and improvement, a l l three areas. Yes, we tollow, in our supervisory program of student teachers, a set of c r i t e r ia for this purpose. This c r i t e r ia includes the areas of instruction in which the L i t t l e j o h n - D irec t 13 14 15 16 17 18 !: Q.II * 19 20 2 1 ij A . 22 23 24 25 II --------- ----- — teacher is supposed to be competent in, involves the methods and procedures employed by the teacher in this process, and involves materials and how teachers use and make use of these materials in the process of instructing their classes. Now, in regard to a l l of these factors, what procedure do you .ollow in evaluating teachers? How do you go about i t , just the pure physical act? There are three individuals that are to ta l ly involved in the evaluation process. As a col lege supervisor I am one of those persons, and the second person is the cooperating teacher that our student teachers are assigned to, and the third person is the student teacher it GLENN H PERRIN O f f i c i a l C o u r t R e p o r t s * F e d e r a l B u i l d i n g £1_IV4BAISF>_A_AJ Litt le john - Direct 124 a A 5 | !| 6II 7 j! 'I 8 ' :i• i 9lt 10 il 11 J 13 14 15 16 17 18 18 l a 2 8 Q . 21 i 22 23 24 25 himself, We-- I am sorry, I d idn 't mean to interrupt you. Now,-- We use materials for evaluation, we have various printed materials for evaluation, and the f i r s t process or the f i r s t part of that process is that I go over with the student teacher these areas that we look for and we think that these are the things when done we l l would constitute a good teacher. The cooperating teacher also has copies of these, and i t ' s my respons ib i l i ty to go over these with her, so a l l three of us w i l l know the things we are looking for in the student teacher in terms of teacher competency. Dr. L it t le john , would you t e l l us i f a l l of these factors which we are about to discuss and the method that you have just described to us is equally va l id for a teacher already c e r t i f i e d and in the classroom as we l l as a student teacher? Most educators look at this procedure as one o f the better procedures for evaluation, yes. And in place of the co l lege professor and the cooperating classroom teacher in the case of someone who is already in the classroom, who would you substitute? The cooperating teacher would be the supervising principal at the high school; the student teacher would be the teacher in the classroom; and my position is OLENN H PERRIN Of f ic ia l Co u nt R t o n in n P kdcnal Bu ild ing ! jA 2 'A 4' 5 |i i* 6 7 ,! 8 9;l 10 11 i!. i! 13 14 15 | IS 17! ii 18 i i 19 20 similar to that of the superintendent of schools. Q. Now, you told us that you yourself become involved in discussing a l l of these various c r i t e r ia with the individual. Is that a proper ro le for anyone in an evaluation to take to actually ac t ive ly discuss these c r i te r ia? a . That is one of the main respons ib i l i t ies of an individual in this capacity to discuss the material before and even after observation. Q. Dr. L it t le john, I w i l l hand you a document which has been marked for iden t i f ica t ion purposes as P la in t i f f s ' Exhibit No. 3. Could you ident i fy that for us and describe what i t is? a . Yes, this is a Confidential Report of the Student Teacher, and this document here is f i l l e d out by the cooperating teacher, that is the person that is with our student teacher each and every day that he is in the classroom. a. Now, I see this is a several page document with a number of items on i t . Is the individual rated on a l l of these L i t t l e j o h n - D irec t 123 | i ! 21 j! 22 I A 11 24 25 items ? Each and every one of these items on here. A l l r igh t . I hand you a document which has been marked as P la in t i f f s * Exhibit No. 4. Would you t e l l us what that is? ------------------- -------- -----------------------------------------------------------|— GLENN H PERRIN O f f i c i a l C o u r t R v o u t m P c o c m a l B u i l d i n g EL P O W A P O A « K A N « A « 7 I 7 » C 126 i !I 2 3 4 I. 5 If i 6 |!' 7 !! 8 9 10 11 12 13 14 15 16 17 18 19 20 A. This form we use as the student's se l f-appraisa l form. The student himself f i l l s this particular form out, and this is his opinion of how he himself rates or ranks as a teacher. 1 wil1 hand y°u a document that has been marked for iden t i f ica t ion purposes as P la in t i f f s ' Exhibit No. 5, and would you t e l l us what that is? This again is another copy of the cooperating teacher's confidential report that the cooperating teacher f i l l s out on the student teacher that he has charge o f . I A l l r igh t . And a document marked for iden t i f ica t ion as P l a in t i f f s ' Exhibit No. 6. Would you t e l l us what that is? This is a progress record that is f i l l e d out jo in t l y by the cooperating teacher and the student teacher. The reason tor the two people working on i t so that they can get together as to how the student teacher f i t s each of these categories. An example is that the cooperating teacher nay decide on the progress record that the student teac her is only doing this much, the L i t t l e j o h n - D irec t i 22 .1 23 24 ii student teacher may think i t ' s more, and there is an opportunity for discussion to point out the areas where I think I am or am not or where the cooperating teacher thinks that the student teacher is or is not doing this, so by jo in t ly f i l l i n g this out we can keep up with the GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g _________________________ EL DOltnn a » » . - . . . ----- 127 continued progress of the student teacher. Q- Now, are a l l of the factors and a l l of the items on those various lorms necessary to make a proper unbiased evaluation of any particular teacher? A Yes, i t ' s very important that the student has a s e l f - appraisal, that the student has an opportunity to discuss progress with the cooperating teacher and with the co l lege supervisor for the purpose of f inding areas of strengths and weaknesses and making suggestions for improvement in these particular areas. Q. How much time does anyone making such an evaluation whether for student teacher or for a teacher with an existing c e r t i f i c a t io n have to spend and under what conditions must that time be spent to make any kind of a legitimate evaluation. A Our cooperating teachers spend the entire 10 weeks of class period, that is , each class period every day, in making their confidential report. As a co l lege supervisor, 1 am with the teacher and the cooperating teacher, each individual student teacher and cooperating teacher, from f ive to six times during the 10-week period, and this includes a fu l l class period followed by--preceded by a conference and followed by a conference each time I am v is i t in g there. d What is toe purpose of the pre-cLass v i s i t conference? GLENN H PERRIN O f f ic ia l C o u r t R eporter F e d e r al B u il d in g L i t t l e j o h n - D irec t I L i t t l e j o h n - D irect 128 10 n ; 12 13 14 15 16 17 18 19 20 21 I 22 23 A. Well, we have student teachers in d i f fe ren t areas, and as a supervising teacher, we f e e l that the cooperating teacher has more expert ise in each cooperating teacher's indiv idual area than I would, I wouldn't be fu l ly competent in both Mathematics, Social Science, and English, and this type thing so far as the subject matter area is concerned; therefore, i t ’ s necessary that I at f i r s t get an opportunity to look at the student teacher 's plan, lesson plan, for that day, discuss with him these things, the subject content that is going to be gone over with, the procedures and methods that the student teacher is going to employ in teaching these for that part icu lar class period, and the materials that are going to be used and the student a c t i v i t i e s or how the student w i l l be involved in this method and proced ure, so I w i l l have f u l l knowledge prior to observing of what is going to go on. The reason tor the conference afterwards is to get an understanding of where 1 may have misinterpreted the employment of certa in procedures that the student teacher may use. Q- Is i t possible for you, someone who has had experience in this f i e l d , to make an evaluation of a teacher's performance that is at a l l fa i r without knowing where he was going and what he was trying to do? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g 129L i t t l e j o h n - D irec t 2 10 11 12 13 14 15 I, 16 1 7 l i j 18 Q- is 20 A . 21 22 23 24 No, not— it's almost impossible to do this for several reasons. For example, in an elementary class, the objective for that particular day, one aspect of the program may be to encourage students to openly express themselves, and if 1 don't know this, I may be in the classroom thinking that this is an opportunity for students to show their competence in a certain subject matter so I get a complete different picture of what the objective was and would probably indicate the student teacher wasn t doing her job. Now, if I knew prior to that what the objective was, the procedures and methods and contents, then this would be most helpful. Dr. Littlejohn, I want to ask you a question directed specifically at existing teachers, teachers who have certification. How Important and what role should the evaluation given by the immediate supervisor be, either the immediate supervisor, or in the case we are dealing with, with the Principal? That person plays probably the most important role. Our person in that respect is the cooperating teacher and that person is with the student teacher every day, each and every day, and this confidential report is a very valid part of our total evaluation of the student simply because of day-to-day contact with that GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 i7»o 130 7 j 8 10 11 12 13 14 IS !i 16 |i 17 18 1» 20 21 |i 22 23 24 ! ! individual, so we place a lot of value on this. Q. In the situation where there is an immediate Principal and an administrator either in the same facility or in an adjacent or adjoining facility, what kind of weight would you give to, as a person involved in this procedure, to the immediate Principal's evaluation and the evaluation of the remote administrator? a. The immediate Principal's evaluation would probably constitute somewhat better than 70 percent of the value, total value; however, I certainly would add to that that in the areas that I, along with the Principal, did not agree on, whether it's above and below, I would have to have a conference with the Principal and we discuss why we don't do this, point out certain things, and the cooperating teacher--I mean the classroom teacher should be in on the conference, too, in terms of those three things. Q. In an evaluation, either for the purposes of determining the teacher’s progress in his chosen profession or evaluation to determine whether or not a teacher should or should not be retained, is the teacher necessary for a complete and total evaluation to be a participant in this procedure? a Yes, it's quite necessary, for this reason: If a supervising Principal decides that this is the thing GLENN M PERRIN Of f ic ia l Cou nt Rbnontbn Fcokral Ru ilo in o _______________________________________ El__CKMUIIO TITNO___________________________________________ L i t t l e j o h n - D irec t 1 Litt le john - Direct j| I you.^ren't doing well or the teacher's 2 doing w e l l , then the teacher should know about this in 3 order to give an explanation of why he's using those 4 procedures and over a custom period of evaluation to 5 have an opportunity to improve in these particular 6 areas. In many secondary schools, and when I was a 7 Superintendent, the evaluation procedures used and the 8 report had to be signed by both the supervising Principal 9 and the teacher that was being evaluated, which gave me 10 as Superintendent the idea that what was said on i t 11 is agreeable by both persons. 12 1 Q- Dr. L it t le john , were you present during the testimony 13!I | this morning? * 14 : | A. I was. 15 Q- During a l l of i t? “ j | A. Yes. 17 j i Q. Dr. L it t le john, 1 would l ike to ask you a hypothetical 18 j question and ask you for your opinion at i t s conclusion. 19 Assume a Superintendent who evaluated a group of 20 teachers using the following f i v e c r i t e r ia , "Teacher 21 ! j Competency", "A b i l i ty to Maintain Classroom D isc ip l ine" , 22 ; "Teacher-Pupil Relationship", "Teacher-Teacher Relation- 23 ship", and "Willingness to Cooperate with the Total 24 School Program". Assume further that this Superintendent | i Jj L has his o f f i c e at a f a c i l i t y eight miles remote from ~ “ !i 6 LC N N H PERRIN J O f f i c i a l C o u r t R ep o r t er M t W J 0 & F e d e r a l B u il d in g § CL. Do r a d o A r k a n s a s titso V CJK.' L i t t l e j o h n - D irec t 132 5 ii A . 9 10 1 1 ! 12 'I 13 14 15 Q. 16 17 18 19 20 21 i! 22 23 24 25 these teachers. And assume further that this Super intendm ent did not use for his evaluations at a l l the evaluation of the immediate Principal, and that the v is i ta t ions to the classes were of approximate 15-minute duration for a period of one per month on the average, could that individual possibly give a fa i r evaluation of that teacher‘ s performance? I t ' s my opinion that i t would be almost impossible to give a fa ir evaluation of the teacher's performance as an instructor with the limited amount o f time spent in the classroom by that person and without the pre- and post-conferences with the teacher involved. Dr. L it t le john, you heard some of the testimony this morning regarding dif ferences in evaluation between the immediate supervisor and the Superintendent. For example, with regard to Mrs. Lois Thomas, in "Discipline Within the Classroom". Her supervisor evaluated her with the highest possible grade, a No. 1, and her Superintendent evaluated her with a No„ 5, the worse possible evaluation. Now, le t me add one factor. The First Grade,that you also learned that she taught the First Grade. Can you form any conclusion as to the log ica l , any possible log ica l explanation for a discrepancy of such degree? Yes, I can, A person that teaches the F irst Grade w i l l GLENN H PERRIN O f f i c i a l Co u rt Reporter F e d e r a l B u i l d i n g EL Dorado A rk an sas 7i7so 133 x 2 3 4 5 I I 7 8 I 9 10 1 1 j j l 12 i i 13 i 15 16 17 I; 18 19 j 20 21 j j 22 ! j l 23 I. 24 | 25 i l have a group o f individuals of this age group, six years plus, six or seven years, this is a very active group of young people and their attention span at this age is not more than 12 to 13 minutes, which means that i t ' s almost impossible to get a young person at this age to concen trate on any one thing for any longer than 12 or 15 minutes; therefore, toe a c t iv i t i e s have to be varied. In the process of varying the a c t i v i t i e s , the teacher w i l l have students that w i l l be moving around at this grade le v e l . They may be moving around at the request of the teacher or at the permission of the teacher to involve themselves in the second a c t iv i t y a fter they have finished the f i r s t one or when they get somewhat bored with the f i r s t one. Now, a person that spends a greater part of his time in supervising or spends as much as an entire day with a teacher w i l l see pract ica l ly a l l of the a c t iv i t i e s i f the teachers. That person w i l l see a time when these students have--are concentrating for 12 or 14 minutes, they w i l l . êe a time when the a c t iv i t i e s w i l l be more physical, and then they w i l l see another concentrated time. A person spending a small period of time may come in at the very time that most of the ac t i v i t y o f moving around or moving to another ac t iv i ty or another lesson is being going on; so, therefore, a p e r s o n s p e n d i n g a lot of time may see the total program GLENN H PERRIN O f f ic ia l C o u r t R eporter F ed e r al B u il d in g EL Do r a d o A r k a n s a s 71730 L i t t l e j o h n - D irec t whereas a person spending a short period of time may only see the activity or he may spend a short time- period o, time and only see the concentrated activity how these students are really down to work. Is it unusual, then-I take it that it is not unusual, then, for First Graders-strike that. Is it also usual for some First Graders to be in that concentrated period when others are in that period where they are shifting their focus between one attention span and another, or is it common in the First Grade to have everybody doing the same thing at the same time? No, on the contrary, you will have varied activities. Sometimes the First Grade teacher has as many as three to tour activities going on at the same time within the same classroom. This is one aspect of group work. One group of students may be scribing or coloring pictures or reading words, another group may be working in the Science corner or Science activities, another group may he over in the Library corner selecting library books, and if these varied activities are going on in the same classroom, you are going to have what would look to some people as confusion. D r . uittlejohn, in your capacity as a teacher--student teacher evaluator and student teacher supervisor, do you work in both integrated and non-integrated situations? GLENN H PERRIN O f f ic ia l C o u r t R eporter F ed e r al B u il d in g P I____H f l B i r\/-t____A r-. ̂ ■ —___________ ( Q / ) , 135 L i t t l e j o h n - D i r e c t A . Q. 7 10 11 12 13 14 15 16 17 H 18 '| 19 20 21 22 23 24 25 Q. Y e s , we d o . A t p r e s e n t , a t t h e c u r r e n t y e a r , w e a r e w o r k i n g m o r e i n i n t e g r a t e d s i t u a t i o n s t h a n w e h a v e i n t h e p a s t , b u t w e d o h a v e b o t h t h i s y e a r , a n d I h a v e w o r k e d i n t h e l a s t f o u r y e a r s i n a l l o f t h o s e . D r . L i t t l e j o h n , i n y o u r e x p e r i e n c e , h a v e y o u h a d a n y e x p e r i e n c e d i r e c t l y w i t h i n s t i t u t e s h a v i n g t o d o w i t h o r c u r r i c u l a h a v i n g t o d o w i t h u n i f i c a t i o n o f s c h o o l s a n d p r o b l e m s a r i s i n g o u t o f d e s e g r e g a t i o n ? Y e s , L h a v e s e r v e d a s c o n s u l t a n t on o c c a s i o n s f o r t h e A t r a x C e n t e r l o c a t e d a t O u a c h i t a U n i v e r s i t y a t A r k a d e l p h i a w h i c h w e i n v o l v e o u r s e l v e s i n w o r k i n g w i t h t e a c h e r s w h o a r e c u r r e n t l y u n i f i e d a n d t h o s e w h o a r e g o i n g i n t o u n i f i c a t i o n . B a s e d o n y o u r e x p e r i e n c e a s a n a d m i n i s t r a t o r a n d a s a n a c a d e m i c i a n a n d i n t h e s e i n s t i t u t e s a n d i n y o u r c o n s u l t a n t e x p e r i e n c e , d o y o u f i n d t h a t t h e r e i s a n y d i t t e r e n c e i n d i s c i p l i n e w i t h i n a c l a s s r o o m s i t u a t i o n b e t w e e n t h e b l a c k t e a c h e r a n d t h e w h i t e t e a c h e r ? O v e r a l l t h e r e i s - - i f y o u t a k e t h e i r o v e r a l l p i c t u r e , t h e r e i s b a s i c a l l y n o d i f f e r e n c e b e t w e e n t h e t w o , i f i t ' s t h e o v e r a l l p i c t u r e . T h e r e m a y b e a c o n c e p t o f w h a t c o n s t i t u t e s g o o d d i s c i p l i n e a n d w h a t d o e s n o t c o n s t i t u t e d i s c i p l i n e d e p e n d i n g o n t h e i n d i v i d u a l ' s i d e a s o i w h a t i s a n d i s n o t g o o d d i s c i p l i n e , s o , t h e r e f o r e , y o u ma y h a v e a w h i t e h e r e t h a t b e l i e v e s t h a t t h i s GLENN H P E R R I N O f f i c i a l C o u r t R eporter F e d e r a l B u i l d i n g FI Hob a no A nk- i M L Li t t l e j ohn D irec t 136 2 3 4 5 Q. 6 7 8 A 9 10 11 ll 12 13 li 14 BY 15 Q. |! 16 I1| II 1? 18 II 19 20 ri. i s g o o d d i s c i p l i n e a n d a b l a c k t h a t t h i n k s i t i s n ' t , a n d y i u ma y h a v e j u s t t h e o p p o s i t e , t h e s a m e s i t u a t i o n , a b l a c k w h o t h i n k s i t i s a n d a w h i t e w h o t h i n k s i t i s n o t . S o w h a t y o u a r e s a y i n g i s t h a t s t r i c t o r l a x d i s c i p l i n e i s n o t a f u n c t i o n o f r a c e b u t a f u n c t i o n o f t h e t e a c h e r ' s p e r s o n a l i t y ? Y e s , i t ' s a f u n c t i o n o f o p i n i o n o f t h e t e a c h e r t e a c h i n g t h e c l a s s a n d w h a t c a n b e d o n e w i t h c e r t a i n a c t i v i t i e s , y e s , v e r y d e f i n i t e l y s o . MR. K A P L A N : T h a t ' s a l l . G R O S S E X A M I N A T I O N MR. STARLING: D r , L i t t l e j o h n , I j u s t h a v e a c o u p l e o f q u e s t i o n s t o a s k y o u . F i r s t o f a l l , w i t h r e f e r e n c e t o t h e p r o c e d u r e w h i c h y o u a r e u s i n g i n A r k a n s a s A M & N , h o w l o n g d i d i t t a k e y o u o r y o u r p r e d e c e s s o r s t o a c h i e v e w h a t y o u h a v e n o w i n r e f e r e n c e t o t h a t e v a l u a t i o n p r o c e d u r e ? Y o u me a n how l o n g t o a c h i e v e t h e e v a l u a t i o n i n s t r u m e n t ? 21 ;j Q. 22 23 24 25 ‘iI N o , t o c o m e u p w i t h t h e p r o c e d u r e w h i c h y o u u s e n o w . I n o t h e r w o r d s , h o w l o n g d i d i t t a k e y o u t o c o m e u p w i t h t h e v a r i o u s c r i t e r i a a n d t h e p r o c e d u r e w h i c h y o u n o w a r e t a l k i n g a b o u t u s i n g , t h e c o o p e r a t i v e t e a c h e r p l a n a n d a l l o f t h i s , how l o n g d i d i t t a k e y o u a n d y o u r GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g FI__Hod a no__Adve mb a m predecessors at Arkansas AM&N to come up with this partic iar type ot procedure? The--certain aspects of the procedures are discussed prior to a student teaching experience of student teachers. Now, many of these procedures that we use here have been used for a number of years by people who have worked at the inst itu t ion before I have. 1 1 see“ Let me ask i t this way: In other words, is i t possible to come up with a procedure l ike you are talking L i t t l e j o h n - Cross 10 11;! a. j| 12 1 3 ; 14 j 15 l| I Q. l f l 17 I'j 18 i A . 19 a 2 0 n . 21 ! 22 23 about u t i l i z in g in say a period o f four months? With the available information on methods and procedures of evaluating, this is highly possible with several people who are going to be involved in evaluation also involved in instruction of these items. Now, I believe you t e s t i f i e d that the procedure which you a l l are u t i l i z in g out there is one of the better procedures ? In our opinion, yes. Are there other procedures? The colleges in Arkansas that have supervised student teaching programs, many oi them--most of them w i l l use some of the same procedures that we have here. There are other procedures, but the main ingredients of these procedures are also a part of those other procedures that are recognized as the better procedures in our GLENN H PERRIN O ff ic ia l . C o u r t R e p o r t e r F e d e r al B u il d in g li _ . _______ EL Do r ad o__A r k a n s a s 7 i7*n L i t t l e j o h n - Cross 138 a A. 9 , a 10 11 12 13 1 4 !i 15 10 17 18 19 20 22 23 I 24 25 Lie 13 . Then am I correct in saying that you are saying that your procedure is not the only procedure or not the only proper procedure that could ever be u t i l i z ed , is that correct? It is our opinion that our procedure is--ranks among the better procedures used for supervising student teachers. Dr. L it t le john, in reference to the hypothetical question which Mr. Kaplan asked you, assuming that I believe you had a school here, an elementary school here with a Head Teacher who was in daily contact with them and a Superintendent who was located at another D is tr ic t - -o r another area but came over and v is i ted maybe 15 minutes in the classroom, I believe Mr. Kaplan's question to you was could the evaluation o f the teachers by the Superintendent based on his 15 minutes v i s i t s to the classroom period ica l ly be done in a f a i r manner, and your answer was, I be l ieve , that i t would be d i f f i c u l t to get a truthful evaluation of the teacher. Is that not a fa i r statement? This is primarily what l said, yes, s i r . Well, assuming the same set of circumstances, could that Superintendent make his evaluation, although i t may not be the best way to evaluate i t , on factors other than GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 139Litt le john - Cross ^ ^ 9 1 race? 2 1 h. Would you repeat that, sir? 3 Q. Well, in ither words, i f the Superintendent came over, 4 as Mr, Kaplan stated, assuming that he—his o f f i c e was 5 i at another school and they were in the D is t r ic t , and in 6 1 making his evaluation he came over to this school and with 15 minutes v is i ta t ion in the classroom over an 8 extended period of three years, in making his evaluation, 9 1 although i t may not be the best method o f evaluation, 10 could he make his evaluation based on anything— or could 11 he make his evaluation on other factors other than race? 12 He could make his evaluation on the factors that he has 13 1 1 l is ted without regard to race, yes, in my opinion. " i MR. STARLING: 1 bel ieve tha t ’ s a l l . Thank you. 15! 16 REDIRECT EXAMINATION 17 j BY MR. KAPLAN: • Q- Dr. L it t le john, based on your knowledge of this area 19 and based on your testimonv--your presence in the 20 courtroom this morning, do you have an opinion as to 21 j whether the evaluation was based on factors including 22 race ? 23 THE COURT: I don’ t believe that to be a 24 proper question, Mr. Kaplan. 1 don't believe (1 25 that this witness has attempted to quali fy as |l l! i! GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r t F e d e r a l B u i l d i n g B EL D o r a d o A r k a n s a s 7 I 7 S 0 M m a J *4%. 5 |; ji 6 jj 7 8 1 10 II I 11 ■! 12 ii 13 14 15 4 ii17 || 18 ii 19 20 21 j 22 23 24 25 an expert on the f i e ld or rac ia l problems. MR. KAPLAN: Your Honor, I - - THL COURT: You are invading the Court’ s prerogative now from a l l of the facts and testimony-- MR . KAPLAN : Your Honor , — THE COURT: --that the Court is going to decide this case on. MR. KAPLAN: Your Honor, I am responding f i r s t l y to counsel's question and attempting to c la r i f y his response and asking him not only could i t have availed race, could i t have included race. THt COURT: You can ask him i f under that could i t he made on the basis of race. He can answer-- Q. Could i t a lso-- THE COURT: - - i t in the a lternat ive . Q. Could i t also have been based on factors which included race, Mr.--Dr. L itt le john? A. In my opinion, yes, i t could have. Q. Are the techniques that you have talked about generally well-known to adninistratirs in both this state and in education throughout the United States? A It has been my experience and my involvement with both state, loca l , and national associations that deal with GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g L i t t l e j o h n - R e i i r e c t 141L i t t l e j o h n - Recross 7 this business of supervision, and these that we have l is ted here are well-known among these organizations in their annual and semi-annual and national meetings, they are discussed. It is quite readily available in the l i te ra ture that is written in the area of super v is ion, also. MR. KAPLAN: Thank you, Dr. L it t le john . 10 li 12 'I 13 14 IS 16 17 18 19 20 21 23 24 O 25 RECROSS EXAMINATION BY MR. STARLING: One f ina l question, Mr. L it t le john . In your experience in and around Arkansas with the various school d is t r ic ts and in the problem of unification of some o f these school d is t r i c t s , how many school d is t r ic ts do you know in the year 1968-’ 69 or the years 1969-‘ 70 u t i l i zed the procedures and techniques which you have emphasized today? I have not been concerned with this aspect of the u t i l i z a t io n of the techniques for the purpose of deciding whether or not to keep a teacher or not to keep a teacher, our conversations deal with the evaluation for the purpose o f improving the instruction; therefore, I have not consulted with anyone that have used evaluation techniques for the purpose of deciding whether to keep or not keep a teacher. GLENN H PERRIN O f f i c i a l C o u r t R k p o r t i n F e d e r a l B u i l d i n g rt nOBAHO A BE A MB A« 7 f 7*n 197, 142 !| MR. STARLING: Thank you, s i r . 2 THL COURT: Dr. L it t le john , just a minute, 3 please, s i r . ii 4 L i t t l e j o h n - Court 7 :l 8 9 10 11 12 13 14 15 16 17 19 20 I 21 ij 22 ' 23 24 25 BY THE COURT: Q. Dr. L it t le john , do you know i f p o l i t i c a l en t i t ie s , such as the State o f Arkansas, Department of Education, or-- where did you say you come from, or did you say? A. Pine Bluff is my home, I worked in Magnolia, Arkansas, in the public school system. Q- I thought you said you were Superintendent of Schools somewhere? A. That is r igh t , the Walker School D is tr ic t No. 33, in Magnolia, Arkansas. Q. Your experience has been en t ire ly within this State, then ? A. No, I worked as Assistant Professor of Educational Administration in Texas at Houston. Q. Well, I had some impression that you mentioned Houston and I assumed you had experience down there. But, so far as you know, has any state entity or organization in connection with i ts approved educational pol ic ies with reference to secondary education adopted any formula with reference to evaluation of teachers? A. I i I understand you correctly , s i r , you are wondering-- GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n r a r t i t r o 143 2 1! 3 4 6 11 7 ,j 8 9 ,; 10 l| 11 j 12 i1 13 14 15 16 17 18 19 j| 20 i 21 ji 22 23 lj 24 25 Q- Well, has the state, either throu^i the state provided organization or either the--well , association of teachers, anyone who has respons ib i l i ty in that f i e ld , I approved and adopted any spec i f ic c r i t e r ia or formula for evaluating teachers? A. No, no agency that c e r t i f i e s school l ike National Council of Teacher Educators or intake National Council of Teacher Association, none of these to ray knowledge has said sp ec i f i c a l ly "We have this instrument developed and this is the instrument that"-- Q- Does the State of Arkansas, in any of i ts educational f i e ld s , agencies, associations, or whatnot, have any approved c r i t e r ia for secondary schools to follow? A. No. Professional associations that work in these areas i w i l l recommend certain c r i t e r ia , but so far as approving i t as the c r i t e r ia to use, no, s i r . Q- What is the purpose in your f i e Id--which I am very much interested in, I had heard this before—what is the purpose of your educational programs in the area of co l lege work of evaluating student teachers? A. The primary purpose of our to ta l evaluation process for student teachers is for the purpose of improvement of instruction. Here, through our evaluating processes, we find the various strengths and weaknesses of our student teachers. This gives us, along with the student j GLENN H PERRIN O r r i c i A L C o u r t R e p o r t e r F e d e r a l B u i l d i n g _________________________________________EL D o r a d o A r k a n e a e 7 i 7 » o L i t t l e j o h n - Court 144 teacher, an opportunity to improve .̂.upon these areas of weaknesses and to continue strengthening the areas where they are strong when i t comes to t^e to ta l program of teacher competency. Q. Well, is i t ever used to compare the a b i l i t i e s or the capab il i t ies of either student teacher or teachers themselves insofar as you know? A. Not teacher against teacher. Q- That is what I am talking about. A. No. Q- Never used for that purpose. A. Teacher against recommended procedures of teaching. So a l l teachers are compared against these opinions of educators as recommended c r i t e r ia which would indicate this person is doing a good job in the instructional program. Q- Well, in doing th is, in your evaluations, do you arrive at a mark as to what they are ent it led to as to how good or how bad they are? A. We arrive at what we c a l l recommendations based on our previous recommendations of people or student teachers who have done well in this area. I f I may explain, we may write a summary recommendation for a teacher and indicate in our opinion and based on our work this teacher has the potential of becoming a master teacher, GLENN H PERRIN O f f i c i a l C o u r t R k p o r t c r F e d e r a l B u i l d i n g ___________________________________EL D o r a d o . A r k a n g a r 7 i 7 » o L i t t l e j o h n - Court 145L i t t l e j o h n - Court - - ,1 Q. 10 n :j ij 12 13 14 15 j' A l '16 II Q.I, i 17 !| 1 8 ! a- 19 20 l 21 || 22 23 24 Q. 25 quote, master teacher, that is one of the better teachers. Now, this is based on our follow-up program through our placement service at the co l lege where we have recommended a person, a person has gone into an area, we have got feedback on the person, and that person has Line well , and he had some of the same qua l it ies as the previous person did, so, therefore, i f a student aide here shows some of the qua lit ies that our research shows that students 1 0 , 1 2 , 14, and 16 have, we make the same recommendation and t e l l the people who are employing him this is based on our recommendation and our previous experience. But this is a l l used for the improvement of the teaching techniques and the capab i l i t ie s of the ind iv iduals ,— That's r ight . --not for any comparative purposes of one against another? No, no, not as far as we look at i t . I imagine, and I did this when I was a Superintendent, I would look at the recommendation before employing a person of the various people, the colleges , the previous employers, and people, and I compare recommendations for the purpose of employing, yes. Oi course , that wouli be based on the practical rea l izat L on - - -------------- _ ii GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s h i m ~ 2 0 l A . 146 L i t t l e j o h n - Court 2 Q. 4 A . 5 i; q. 6 Yes, s ir . --as to whether or not there were ample teachers ava i lab le to employ, would i t not? Agreed, yes, s i r . And i f you couldn 't find teachers a va i lab le , then you wouldn't look too close at that, you are looking for a teacher now. 8 ! A. 10 We would have to f i l l i t with what we have, yes, s i r . THE COURT: Anything, gentlemen, in view of these questions? li 12 REDIRECT LXAMINATION 13 14 BY MR. KAPLAN: Q. 15 16 17 18 19 20 21 Dr. L i t t l e jo h n , the c r i t e r i a , the methods that you described to us and described to His Honor in response his questions, would have--would they have equal v a l id i t y and would they be as necessary to a f a i r evaluation whether you were doing i t to improve teacher performance or whether you were doing i t fo r the purpose oi comparison as to which teacher was perhaps better than another.' Z2 e a . 23 24 25 They would very d e f in i t e l y have equal v a l i d i t y or even more s o for a person that is in an actual classroom s i t u a t i o n a s a teacher. The reason for this is that we l o o k a t i n s t r u c t i o n a s an opportunity to teach children, G L E N N H PERRIN O f f ic ia l C o u r t R eporter F e d e r a l B u i l d i n g E l ____D o r a d o ___ DA? aau teachers should always be in a position to improve and continue to improve their methods. This procedure provides a valid way in which this can be done when we u t i l i z e the classroom teacher, the supervising principal and the top person responsible for evaluating for the purpose of improvement of instruction, yes. And so they would have equal va l id i ty i f we were looking not only to see whether they had good instructional a b i l i t y but whether we were wanting to compare one against the other? Oh, yes. See, the l i te ra ture in this area and many of the persons in education writ ing in this area recommend ing this l i te ra tu re , they are writing and the recommen dations are based on supervisory programs for public schools. We are using i t for student teachers who eventually w i l l go into public schools. So you have auapted the common l i tera ture to your spe' i f i c purpose that c >mes from the actual classrooom s ituat ion? This is true. MR. STARLING: Nothing further, Your Honor. THL COURT: Stand aside. (Witness excused.) MR. KAPLAN : Your Honor, we would move the GLENN H PERRIN O f f i c i a l C o u r t R eporter F e d e r a l B u i l d i n g E L D o r a d o A i i f i i j . i t Hester Direc t 148 a d m i s s i o n o f P l a i n t i f f s ' 3 t h r o u g h o . T H E C O U R T : L e t t h e m b e r e c e i v e d , MR „ K A P L A N : M r . H e s t e r : NEYLAND HESTER. c a l l e d a s a w i t n e s s on b e h a l f o f t h e p l a i n t i f f s , b e i n g f i r s t d u l y s w o r n , t e s t i f i e d a s f o l l o w s : DIRECT EXAMINATION BY MR. KAPLAN 10 ii I Q. A. 12 1 13 14 15 16 17 18 Q. A . Q- 18 Q. 20 T e l l u s y o u r n a m e a n d a d d r e s s , p l e a s e . My n a m e i s N e y l a n d H e s t e r . I l i v e a t R o u t e 1 a t S h e r i d a n . W h a t i s y o u r p r e s e n t o c c u p a t i o n , M r . H e s t e r ? I am a n e d u c a t o r , I am A s s i s t a n t C h a n c e l l o r a t t h e U n i v e r s i t y o f A k a n s a s a t L i t t l e R o c k . How l o n g h a v e y o u h e l d t h a t p o s i t i o n ? I h a v e b e e n t h e r e e i g h t y e a r s w i t h t h e e x c e p t i o n o f 1 9 6 9 w h e n I w a s o n l e a v e t o O u a c h i t a U n i v e r s i t y . W h a t f u n c t i o n d i d y o u s e r v e a t O u a c h i t a U n i v e r s i t y ? I w a s i n t h e S c h o o l o f E d u c a t i o n w i t h t h e A r k a n s a s 21 ! T e c h n i c a l A s s i s t a n c e a n d 0 22 f un d e i p r o j e c t . 23 Q. I s c h a t k n o w n a s t h e T i t l e 24 t\. Y e s , f o r t h e S t a t e . 25 Q. F o r t h e S t a t e o f A r k a n s a s ? GLENN H -I— O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 9 0 5 J * l y o u r' w o u l d y o u c e l l u s , s i r , a l i t t l e b i t a b o u t e d u c a t i o n a l b a c k g r o u n d , w h e r e y o u r e c e i v e d y o u r d e g r e e s , a n d y o u r e m p l o y m e n t b a c k g r o u n d ? 1 a t t e n d e d T e x a s T e c h , R o o s e v e l t U n i v e r s i t y , N o r t h w e s t e r n U n i v e r s i t y , a n d S o u t h e r n M e t h o d i s t U n i v e r s i t y . I h a v e t h r e e d e g r e e s t n m R o o s e v e l t U n i v e r s i t y , a n d my M a s t e r ' s a n d p r o f e s s i o n a l d e g r e e a r e f r o m S . M . U . W h a t d e g r e e i s t h a t ? My M a s t e r ' s a n d T h e o l o g i c a l D e g r e e f r o m S . M . U . I s e e . A n d h o w l o n g - - w h a t e x p e r i e n c e h a v e y o u h a d i n e m p l o y m e n t i n t h e f i e l d o f e d u c a t i o n ? P r i o r t o c o m i n g t o t h e U n i v e r s i t y a t L i t t l e R o c k e i g h t y e a r s a g o , l w a s o n t h e f a c u l t y a t S . M . U . f o r s i x y e a r s , a n d p r i o r t o t h a t 1 w a s a M e t h o d i s t M i n i s t e r . I w o r k e d i n t h e M e t h o d i s t B o a r d o f E d u c a t i o n i n t h e N a t i m a l O f f i c e i n N a s h v i l l e . W h a t h a v e b e e n y o u r d u t i e s a n d r e s p o n s i b i l i t i e s s i n c e c o m i n g t o t h e U n i v e r s i t y o f A r k a n s a s a t L i t t l e R o c k a n d i t s p r e d e c e s s o r - - L i t t l e R o c k U n i v e r s i t y . - - L i t t l e R o c k U n i v e r s i t y ? I c a m e t o t h e U n i v e r s i t y e i g h t y e a r s a g o a s D i r e c t o r o f D e v e l o p m e n t a n d 1 h a v e s e r v e d a s A s s i s t a n t t o t h e P r e s i l e n t , a n d l o l l o w i n g t h e m e r g e r o f L i t t l e R o c k GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a m a i 7 i 7 » o Direc t 150Hester Q. A. a A. Q. A. Q. University with the University of Arkansas, our President's t i t l e became Chancellor and I became Assistant to the Chancellor. Have you had experience in particular with evaluation of teachers both as a teacher improvement technique and as a technique used to compare teacher sk i l ls especia l ly in newly unitized school d is tr ic ts? Yes, I have served as consultant to a number of school d is t r ic ts in Arkansas with problems related to school desegregation and teacher evaluation, and during my year with Ouachita University with the College of Education I was related to a s ta f f that was giving assistance in school desegregation problems over the State. Out of the State 's 214 b i- rac ia l d is t r i c t s , we had some contact with about 1 0 0 of these. You heard--were you present for the testimony this morning of the Superintendent of the Plum Bayou D istr ic t? Yes. And were you present, also, for Dr. L i t t le john 's testimony? Yes . Do you have any opinions as to the teacher--strike that. Are there, in your experience, general guidelines and techniques used in making complete evaluation of teacher pp-r sonne L in existing teachers? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g J iri rvvn A. Yes, there are. These have been discussed some. They're generally accepted guidelines for making satis factory teacher evaluations. I think i t ' s important that a l l of the teachers in a school and a l l of the administrative sta ft in a school who are to be involved in evaluation should s i t down together f i r s t and agree on goals and object ives, purposes, and then methods. This would involve in this particular case the 15 elementary teachers and the Superintendent and his administrative s ta f f . Then following this agreement on goals and purposes, i t seems to me that this group of people should agree on the instrument that everybody to be involved in any way should make some contribution to developing the instrument to be used. Now, this seems to be a rather simple elementary place to begin, but I th ink i t ' s bas i c . Q- Is i t basic both to the evaluation process and the unitization of a dual school d is tr ic t? A. Yes. It indicates good fa ith , for one thing; i t indicates willingness on the part of everyone involved to proceed with mutual respect for the other point of view. It would indicate that these goals and purposes that we have set for ourselves are mutually agreeable. Q- Now, is the release of teachers, in your experience at the T i t l e IV Center and in Education in L i t t l e Rock, GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g ~ ? t ) lK L Dof i Ano__Ab b a , i;- t.be release o: teachers the only method in newly unitized d is t r ic ts of consolidating facult ies? No. we had, as a s ta f f at the Atex Center at Ouachita University, relationship with school d is t r ic ts that unitized sa t is fa c to r i ly where no teachers were released. Through natural a t t r i t io n teachers were kept unti l positions occurred and they were maintained on the facu lty . A. Q. Now, is that system destructive in any way to your experience or any or the relationships within the d is t r i c t or of the proper educational atmosphere in the d is t r ic t? No, on the contrary i t ' s - - i t shows an honest attempt to maintain good faith with the people who are part of the d i s t r i c t . Mr. Hester, I would like to ask you a question. Assuming a Superintendent who used f iv e factors for evaluation, "Teacher Competency", "Ab i l i ty to Maintain Classroom D isc ip l ine" , "Teacher-Pupil Relationship", "Teacher- Teacher Relationship", "WiLlingness to Cooperate with the Total School Program", and assuming that Superintend ent was eight miles distant from the f a c i l i t y and did not use as part of his evaluation the evaluation of the immediate supervisor and that v is ita t ions to individual classrooms in this school which happened to contain only GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g n n n a i n n a . . . . . . . . . . . . Hester D i r e c t 153 1 ll 2 b l a c k t e a c h e r s l a s t e d o n l y 1 3 m i n u t e s , d o y o u , i n y o u r e x p e r i e n c e a n d i n y o u r o p i n i o n , f e e l t h a t t h i s w a s a 3 l a i r e v a l u a t i o n ? 4 A. F r o m my e x p e r i e n c e i n n e a r l y a h u n d r e d s c h o o l d i s t r i c t s 5 !: f a c i n g i n t e g r a t i o n d u r i n g 1 9 6 9 I w o u l d s a y i t w a s n o t 6 f a i r . * A C A n d on w h a t w o u l d y o u b a s e t h a t o p i n i o n ? 8 A. O h , s e v e r a l t h i n g s . 1 i n d i c a t e d e a r l i e r I t h i n k t h e 9 i n s t r u m e n t f o r e v a l u a t i o n a n d a l l o f t h e p e o p l e t o b e 10 i n v o l v e d i n t h e e v a l u a t i o n s h o u l d b e a p a r t o f t h e 11 j p r o c e s s a n d s h o u l d a g r e e on g o a l s a n d p u r p o s e s a s w e l l as m e t h o d s . T h e n i t w o u l d s e e m t o m e , a n d D r . L i t t l e j o h n 13 14 c o v e r e d s o m e o f t h i s , i t ' s r e a l l y h i s f i e l d a n d n o t m i n e , b u t I h a v e b e e n i n v o l v e d w i t h s o m e t e a c h e r ‘ 15 e v a l u a t i o n l o n g e n o u g h t o r e a l i z e t h a t n o t o n l y m u s t 16 1 t h e s e g o a l s a n d m e t h o d s b e a g r e e d u p o n b y b o t h p a r t i e s 17 b u t t h e r e s h o u l d b e a c i n f e r e n c e b e t w e e n e v a l u a t o r a n d ) 18 t e a c h e r p r i or t o t h e v i s i t , t h e n I w o u l d a s s u m e t h e 19 e v a l u a t o r w o u l d h e i n t h e c l a s s r o o m b e f o r e t h e c l a s s 20 p e r i o d b e g i n s a n d b e s e a t e d o v e r t o t h e s i d e o u t o f t h e 21 w a y o f . t h e c h i l d r e n , w o u l d w a t c h , l i s t e n , a n d p e r h a p s 22 m a k e n o r t h s , c o m m i t h i s t h o u g h t s t o w r i t i n g , a n d t h e n a s 23 s o o n a s p o s s i b l e , p e r h a p s t h a t a f t e r n o o n , o r v e r y - i 24 s h o r t l y , V ••}i s c u s s h i s n o t e s a n d h i s t h o u g h t s a n d h i s 25 | I i q u e s t i o h ' < w i t h t h e t e a c h e r . T h e s e s e e m t o b e a g r e e d G L E N N H P E R R I N O f f ic ia l C o u r t R e p o r t e r ^ F ed e r al B u il d in g " “ J M . x ! 2 3 4 5 j; I «jj 7 |j 8 '! 9 10 i 111 12 i! jl 13 14 1 5 ! 16 17 j 18 !! II 19 20 21 ! 22 | 23 24 4 ii ii Hes ter Rirec t u p o n b y e d u c a t o r s a c r o s s t h e c o u n t r y a s b e i n g r a t h e r m i n i m u m p r o c e d u r e s . MR. K A P L A N : T h a n k y o u , D o c t o r . Y o u r w i t n e s s . 154 C R O S S E X A M I N A T I O N B Y MR. S T A R L I N G : 0. D r . H e s t e r , w h e n w e r e y o u w i t h t h e T i t l e I V O f f i c e a t O u a c h i t a . A. I w a s o n l e a v e from t h e U n i v e r s i t y i n L i t t l e R o c k . Q. A. W h i l e y o u w e r e a s s o c i a t e d w i t h t h e T i t l e I V O f f i c e i n O u a c h i t a , D r . H e s t e r , d i d t h a t o f f i c e p r o v i d e s e t t e a c h e r c r i t e r i a f o r t h e e v a l u a t i o n o r c o m p a r i s o n o f t e a c h e r s w h o w e r e g o i n g t o b e i n t h e s c h o o l d i s t r i c t f i x i n g t o b e u n i t i z e d ? N o , w e s i m p l y u s e d t h o s e c r i t e r i a t h a t h a v e b e e n d i s c u s s e d h e r e t o d a y a s b e i n g c o m m o n l y a c c e p t e d . W h a t c r i t e r i a a r e t h o s e t h a t w e d e s c r i b e d ? W e i l , s i n c e t h e r e h a v e b e e n n o a g r e e d u p o n c r i t e r i a b y e d u c a t o r s n a t i o n a l l y , we u s e t h o s e t h a t a r e a v a i l a b l e , " T e a c h e r C o m p e t e n c y " , " R e l a t i o n s h i p w i t h P u p i l s " , t h e s e t h a t y o u h a v e d i s c u s s e d t o d a y , a r e l i m i t e d , t h e i n s t r u m e n t i s f a u l t y , h u t a s I i n d i c a t e d , t h e g r e a t e s t f a u l t i s n o t i n t h i s i n s t r u m e n t p r e c i s e l y b u t i n t h e w a v i t w a s u s e d . G LE NN H P E R R I N O rr ic iA L C o u r t R eporter F ed e r al B u il d in g ~ ) ! r \ + Q- Well, now, what do you mean “the way it was used"? A. No conn only agreed upon goals and purposes, no pre-visit conference. Hester - Cross Q- A. Q. A. Thank you. Let me ask you this, Dr. Hester: If Mr. Bradshaw, the Superintendent, had held meetings with the teachers, both the white and the black teachers, and had told them that the problem was an evaluation of not just the black or the white but of all of the teachers and told them that this was the goal that he was attempting to come up with such an evaluation, possibly could they suggest some of these criteria, would you feel that then that instrument would be better or more fair? 1 heard M l, Bradshaw's answer this morning. It's not simply saying to a group of teachers "I am going to do some evaluation and I would like your suggestions", it is more than that, to show good intent, to show good faith, would involve the teachers in perhaps a workshop or seminar or institute type program and develop such an instrument together. It's more than asking for suggestions for this instrument that I already have. You testified that there were certain criteria while y o u -were associated with the Title IV Office that you generally depended on. What are some of these criteria? These that you have mentioned that Mr, Bradshaw used. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L n n B A n n A b i / a a j g a ^ __— a — - - \ i l Hester - Cross 156 2 3 A. 4 5 II a 6 8 9 I i o A . n :j Q. 12 ;l A. 13 ! 14 1 | 15 | 16 I 11 17 19 || 20 I , 21 22 Q. 23 1 A. 24 Q. I n o t h e r w o r d s , t h e y a r e b a s i c a l l y t h e c r i t e r i a w h i c h t h e T i t l e I V O f f i c e u t i l i z e d ? T h a t ' s c o r r e c t , t h e y a r e n o t - - a s I i n d i c a t e d , t h e y a r e n o t c o m p l e t e , b u t t h e y a r e n o t i n t h e m s e l v e s f a u l t y . W h i l e y o u w e r e a t t h e T i t l e I V O f f i c e , M r . H e s t e r , how m a n y d i s t r i c t s , s c h o o l d i s t r i c t s , i n t h e S t a t e o f A r k a n s a s , w e r e y o u a w a r e o f t h a t i n t h e y e a r s l e t ' s s a y 1 9 o t ; t h r o u g h 1 9 7 0 c r e a t e d a n e v a l u a t i o n f o r m t o e v a l u a t e 3 l l o f t h e t e a c h e r s w h o h a d t o b e c o m p a r e d ? I d o n ' t k n o w i n p r e c i s e n u m b e r . S e v e r a l . Do y o u k n o w t h e i r n a m e ? D u r i n g t h e y e a r t h a t 1 w a s a t t h e C e n t e r , a n d I w a s o n l e a v e t o h e l p i t g e t s t a r t e d , t h a t w a s i t s f i r s t y e a r , w e s t a r t e d v n r k i n J a n u a r y , 1 9 6 9 , t h e r e w e r e t h r e e p r o f e s s i o n a l s t a f f , a n d w e h a d d i f f e r e n t a r e a s o f t h e S t a t e i n w h i c h w e w o r k e d . T h e D i r e c t o r o f t h e C e n t e r , D r . W e a t h e r i n g t o n , w o r k e d i n t h i s a r e a a n d v i s i t e d M r . B r a d s h a w i n h i s d i s t r i c t . My r e s p o n s i b i l i t y w a s i n t h e s o u t h e a s t p a r t o f t h e S t a t e . T h e d i s t r i c t t h a t d i d t h i s e f f e c t i v e l y w i t h w h i c h 1 w o r k e d w a s D u m a s S c h o o l D i s t r i c t . N o w , d i d t h e y e v a l u a t e a l l o f t h e t e a c h e r s ? N o . Who d i d t h e y e v a l u a t e ? T h e y w e r e e v a l u a t i n g t e a c h e r e f f e c t i v e n e s s b u t w i t h a G L E N N H P E R R I N O f f ic ia l C o u r t R eporter F ed e r al B u il d in g 'I 2 3 4 19 i l 20 2 1 |j 22 II 23 24 II 25;! it d i f fe ren t point of view, their problem was a d i f fe ren t problem from this. Q- Then we rea l ly can't equate them with this problem, can we? p Your question was evaluating teachers and at that point i t was the same, but it was--their problem was not to hire or to release teachers, so i t was a d i f fe ren t goal. Q- Okay. When Mr. Kaplan asked you the hypothetical question concerning Mr. Bradshaw having his o f f i c e at the other school, Plum Bayou School, being eight miles apart and being able to v i s i t the teacher classrooms at the kosenwaId-Tucker Llementary School, perhaps 15 minutes on a v i s i t over a three-year period, and using the r i t^ r ia which you be lore you or have seen that Mr, Bradshaw u t i l i z ed , asked you i f this could be done f a i r ly , and I believe y >ur a: swer was in most cases i t could not be done f a i r ly , is that correct? Hester - Cross 157 That is correct. Why do you say this? As i indicated, the fault I find is not in the c r i t e r ia but in the way they were used, lack of involvement of teachers, which I find most serious. Teachers who are to bt- evaluated should have some hand in Helping evolve the instrument for evaluation. There should be agreement on goals and purposes and methods. And then the H- GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g F L D n s in n A oar A UE A • i « 7 i x , Hester - Oros: 10 n 12 13 14 15 16 i 17 j| 18 || 19 20 Q. A. 21 22 23 24 25 evaluation periods, there would be no point in v is i t in g once a month £or three years for 15 minutes, i t would be .much better to use the same amount of time and put i t into one-hour v is i t s and le t i t occur within a year. Satisfactory evaluation could be done within a semester, for instance, i f i t were done over a longer p e r -v is i t time, and then following that with a conference between evaluator and teacher. The fact of the matter is , I guess this is beside the point, the Superintendent is not the best evaluator. Who is? Another teacher. Most teachers are afraid o f their Superintendents, and in an atmosphere of--and I say "a t r a i l " , you know the sense in which I mean it--good evaluation is not done in an atmosphere of apprehension or f e a r , and another teacher brought in from another school paid as a consultant for a day can do a much more e f fe c t i v e job of evaluating. I think a l l o f us who have been in a classroom have some apprehension or fear or maybe awe of the Superintendent. Do you know--and I am asking kinda the Judge’ s question in this--do you know of any c r i t e r ia which is put out by any state entity or State Department of Education or bv the T i t l e IV O ff ice , any c r i t e r ia which is pinpointed tc be used in the evaluation and comparison of teachers GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E l _ Dorado A t y j u 158 T 10 n !i 12 13 14 15 16 17 |i 18 19 20 21 i| 22 23 which are raced with a reduction in teacher force due to the unitization of school d is tr ic ts? A. No, sir. MR. STARLING; I believe that 's a l l . Hester - Cross REDIRECT EXAMINATION BY Q. MR0 KAPLAN; Mr. Hester, in response to Mr. S tar l ing 's question you spoke about the c r i t e r ia that Mr. Bradshaw spoke about as being the generally accepted c r i t e r ia . I have handed you the documents marked P l a i n t i f f s ’ Exhibits J through 6 . Are you talking about c r i t e r ia generally accepted just those broad categories or broken down in minute de ta i l for each of those categories into a l l of their constituent parts as exemplified in P la in t i f f s ' Exhibits 3 through b? i t ' necessary to break these down. When these were being discussed awhile ago, and I had never seen these before this moment, i t bothered me that we kept talking about these four or f ive areas without breaking them down, but the fact they are broken down shows them to be mu<-h more important. â they I'.avi t v e same kind of va l id i ty in just the broad aspect as they nave broker, down in minute deta i l into many, many factors under each one of those? GLENN H PERRIN O f f i c i a l C o u r t R eporter F e d e r a l B u i l d i n g EL D o r a d o Arkamrar v i t «a has L^r K e c r o s i 160 No, o f course, i O t . MR v KAPLAN: That's a l l . RECROSb EXAM1NATION 3 1| BY MR. STARLING, 10 ii ! 12 13 14 15 16 17 ii 18 19 20 21 22 Q. 23 24 25 Mr. Hester, one last question. When you speak about breaking these c r i t e r ia down, which you say are the generally accepted c r i t e r ia which Mr. Bradshaw u t i l i z ed , for instance, under "Teacher Competency", break that down into what you might include in that. In a sense, this tern covers everything we are talking about. I t involves knowledge of the subject which one is supposed to be teaching and which he is c e r t i f i e d ; i t involves personal things such as grooming and personal appearance; i t involves relationships with pupils, the a b i l i t y to give and take; i t involves maintaining of irder; i t involves the physical preparation of the classroom prior to the coming of the class; i t involves the attitude of the teacher towards his profession and toward other people; i t involves his relationship with other teachers. What would you say, then--would you say that perhaps un er "Teacher Competency", i f you were trying f ) break i t down as to the c r i t e r ia u t i l i z ed , that perhaps the-- maybe something l ike the a b i l i t y to re la te to the GLENN H PERRIN O f f ic ia l C o u r t R e p o r t * * F e d e r a l B u il d in g dk*s ter Kecros s student would be a factor? A Yes. Or maybe the preparation of the teacher, such as her transcript or ce r t i f ica t ion? These are involved. Q- What would you say would be broken down aspect of "Ab i l i ty to Maintain Classroom Discipline"? A The "Ab i l i ty to Maintain Classroom D isc ip l ine" , I would place i t under this whole area of "Teacher Competency". Q. what would you say about "Teacher-Teacher Relationship"? A I t ’ s very important matter. It also is related to the overall picture. Q. How would you break i t down? What would be some of the factors under that that you would break i t down into? Under "Teacher-Teacher Relationship", what would you break that down into? Participation in such things as Parent Teachers' Association, attending meetings of the faculty in that particular school, attending meetings of the Arkansas Education Association, relationships with other teachers on a professional-- Q. Share oL materials or something l ike this? A. Yes, on a local school oasis, yes. You te s t i . i ed ea r l ie r that you heard Mr. Bradshaw’ s testimony, in reference to the c r i t e r ia u t i l i z ed . Did you GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 HRs ter Kecross hear him t e s t i f y to the fact that he broke each of these ] down and under the term "Teacher Competency" he broke that down " (a ) A b i l i ty to Relate to the Student; (b) Preparati >n, which included the transcript, c e r t i f i c a t io n and training; (c ) F l e x ib i l i t y ; (d) In i t ia t iv e "? A Yes . Q- How would you say those f i t as far as breaking i t down is concerned? A. They are acceptable, I would say they are very good. MR. STARLING: Fine. Thank you. I REDIRECT EXAMINATION BY MR. KAPLAN: I Q- Mr. Hester, I w i l l hand you the Answer to Interrogatories propounded by p la in t i f f s to defendant which contain the teacher evaluation form that Mr. Bradshaw t e s t i f i e d that j he used and invite your attention to the evaluation of Mrs. Loi- Ann Thomas wherein she received a No. 2 in “Teacher Competency" and only one other "2", that in "Teacher-Pupil Relationship", and a l l others two "4 's " and a "5" , and ask you i f , in your opinion, the evaluator was at all internally consistent in giv ing her a " 2 " in “Teacher Competency", a f a i r ly high rating, and basically "4s" and a "5" in three of the other areas? A No, ! don't think this shows consistency. I think there GLENN H PERRIN O f f i c i a l C o u r t R C r o a t i a F c d c r a l B u i l d i n g EL D o r a d o A r k a n s a s 7t7*o 2. IX Hester - Red irec t 4 Q. 5 . 7 ; Q. 10 , 11 12 ' A. 13 14 15 16 17 18 j 19 BY 20 l i| 21 I 22 23 24 I 163 should be some other " 2 's " i f this f i r s t category "Teacher Competency" is ent it led to a "2", these other things are related to "Teacher Competency". And in accordance with your testimony before can rea l ly be sub-categorized underneath "Teacher Competency"? Yes, that is what I am saying. I invite your attention, for example, to Mrs. Lucreasia Evans, who received a "1" in "Teacher Competency", but one "3", a "2", a “ 3", and a "4" in regard to "Cooperative with the Total School Program". Is that in i t s e l f internally consistent? No, i t ' s not consistent. "Teacher Competency" we seem to be using as a covering term and a " 1 " under i t would j • j • lindicate some strengths in these other areas, too, that are not indicated by " 2 ' s " , " 3 ' s " , and " 4 ' s " . MR. KAPLAN: Thank you, s i r . RECROSS EXAMINATION -MR. STARLING: .Mr. Hester, the only thing that confuses me is the fact that you stated that these were the generally accepted c r i t e r ia that you had experienced nr had experience with in the T i t l e IV O f f ice . Now, i f these are the generally accepted c r i t e r ia which Mr. Bradshaw u t i l i z ed , then certa inly I can see where they overlap, but i t they are GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u il d in g EL Do r ad o A r k a n r a i 7 1 7 3 0 Hester K ec r o s s 1 64 8 ! 9 10 ii ! 12!! Q. 13 j A. 14 Q. || 15 || A. || 1 6 1! & jj 17 |j 19 A. 2 0 Ij 21 ji 22 24 the accepted c r i t e r ia , or generally accepted c r i t e r ia which you have experienced, then obviously they to some extent don't overlap ir that is the accepted c r i t e r ia which can he u t i l i zed tor the evaluation of teachers, isn 't that correct? No, i see no inconsistency here, they do overlap,. You can't talk about the a b i l i t y of a teacher to maintain d isc ip l ine unrelated to his relationship with pupils, for instance. They are at the same time d is t inct and separate hut they are d e f in i te ly a part of the same th ing ,-- Well, I - - --and you can't talk about a teacher 's-- No, 1 am not arguing that point, I am not— --att itude, they are related. Weil, 1 agree that certa inly they are re lated, but the point being they can also be separated and broken down into each, so they can he i i s t in c t , too. Within l im its , MR. STARLING: Fine. Thank you. MR. KAPLAN: (Shakes head negatively) THE COURT: You may stand aside. (Witness excused.) MR. KAPLAN : Mr. tdwards J GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 * o Edwards Direc t ■ IK. AN CUR TIE EDWARDS . called as a witness on behalf of the plaintiffs duly sworn, testified as follows; being f i r s t DIRECT EXAMINATION BY MR . KAPLAN : Q‘ r e i l us ror the record, please, your name and address. A My name is Jean Curtis Edwards, Route 1, Box 67, S h e r r i l l . Mr. Edwards, what is your present occupation? A I am Coordinator Director of the Neighborhood Services System which is a component of the O ff ice of Economic Opportunity here. Were you ever employed as a teacher, Mr. Edwards? Yes. Q. Q. Q. And in what school district and when? I w a s e m p l o y e d as a teacher of Mathematics and Physical E d u c a t i o n at S h e r r ill-Rosenwald School for two years, at Plum Bayou-Tucker School D is tr ic t for seven years. W e r e y o u employed in Plum Bayou School D is tr ic t immediately prior to your resumption of duties as coordinator Director of Neighborhood Services System? Yes, 1 w a s . F r o . : what year to what year did you serve, sir? 1 - e r v e ! : r o r J u l y , 1 9 6 2 , t o May 2 6 t h , 1 9 6 9 . A n u j l i u you n a v e m o r e than o n e capacity in which you GL E NN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g 0 - > / Edwards - D irec t 2 ii. 7 i ! Q . 10 li ; u. 32 ! 13 i4 15 served ia that D is t r ic t? Yes, I served as P r inc ipa l , a lso as parttime classroom teacher. Approximately what percentage of your duties were devoted to your function as Pr inc ipa l o f that school? I would say in the neighborhood of 30 percent. And wnat were your duties and r e s p o n s ib i l i t i e s as Head Teacher or Principal? My duties as Head Teacher were to supervise the teachers and f i l l out reports necessary for the D is t r i c t * Did you have occasion during those years as Pr inc ipa l to evaluate your teachers? Yea , i did. Did you rake wr it ten evaluation during that period o f time? 166 16 17 18 ! A- I i Q - ! A . 19 a. 20 21 ;i 2'J. 25 Yes . And did you keep those? Yes . Were those ever ca l led for by any administrator in the D is t r ic t? I speak oi "administratorM, I mean Superintend ent „ Q. Were they ava i iab ie had they been A. Yes . a Would you descr ibe for us the freq G L E N N H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g * 1 1 1C L ■A A Edwards - D irect 16 4 ' A. 5 7 n 10 Q. 1 1 | j 6 - 12 Q. 13 14 Q. 15 16 ll 17 I A 181 19 20 2! 22 23 24 25 Q. classroom vis i tat ions aid the method that you chose, that is, what you would do when you got there and how long your v i s i t s were, and so forth.'’ . ror, tine t > time, unannounced, I would natural ly have to v i s i t classrooms for some reason, hut for s t r i c t l y tht purpose oi observing c lasses, usually 1 would spend approximately one day per month in doing this and usually we would bring in a substitute teacher to work in my place while I was doing this* How long would you spend in each class? I would spend the entire class p e r io d , -- Did you ever have-- --normally was about 55 minutes* Di 1 you have conferences with your teachers e i ther before or a lter to discuss what was going to take place and then what did take place? I didn’t have a conference with the indiv idual teachers prior to observing the c lass, but usually I would announce it in a s t a f f meeting, and upon going into the classroom to observe the c lassroom I would always ask lor a copy ol the teacher's guidelines for that day or teaching plan. Then a l t e r the classroom v i s i t a t i o n , the., i would nave conference with the teacher and we would discuss the area of weaknesses and strengths. D iJ you ever discuss with the Superintendent of the GLENN H PERRIN O f f ic ia l C o u n t R epo rter F e d e r al B u il d in g ' J ? ' * rewards j 1 r e c c 1 (u 'i 1 2 3 A. 4 Q. 5 1 & 7 8 9 10 11 12 ! 14 i 0I «;• 15 16 17 II Q. 18 19 20 21 T i A 23 24 || 25 D is t r i c t any of vour opinions or f indings regarding teachers in the D is t r ic t? Yes . When ? During the year of '68 -69 . How frequently and when during that year? We discussed the p o s s ib i l i t y of teachers having to be terminated at the end or that school year, and I believe our f i r s t conversation would have been about October oi 68, and then we discussed a c r i t e r ia and the evaluation of teacher, la t e r , 1 don't know exactly what month i t was, but I would say about the month of March, '69. Were the teachers themselves present in this conver sation? N o . How often , to the best of your r e c o l l e c t io n , was the Superintendent present tor evaluation purposes or any oLher purposes, and then t e l l us which, during your last two or three years in the D is t r i c t at the Rosenwald Schoo1? Prior to '68- ' 69, a l imited nunber of times. During 68- *>), bas ica l ly as he indicated this morning in his testimony, which was about mce per month, 15 to 20 minutes per class period. GLENN H P E R R IN O f f i c i a l C o u r t R eporter F e d e r a l B u i l d i n g EL. Dorado A b k im b io n-r«n cdwards Direct. Q. Did he ever discuss with you the evaluations or his opinions j f what he had seen in any of the classes? A Yes. On$some occasions, yes. Did you ever have anything in writing regarding any of that or ever put anything in writ ing , or did he, to your know ledge? 1 think we both kept notes, and on one occasion I remember that we compared notes. A l l r ight. in regara to what teacher? A In regard to Mrs. Thomas once. Q- Mrs. Lois Ann Thomas? A. Yes. Q- Te l l us abaut that. A. On this particular occasion, we both had observed a classroom period, and he mentioned tha t- - I believe she was at the board writing and a child started a Jis eur.uncc of some kind, in other words, he moved about, and she glanced back at him, and when she glanced back at him indicating that he should cease to do whatever he was doing, then he mentioned this, he referred to i t as brow-beating the child. Q- What was your response? A. I wouldn't consider i t brow-beating, though I am gu ilty o! that, because this was one of the techniques that I ofinn u s e d to control children. In other words, an GI.ENN H PERRIN O rrio iAL C o u r t R k po rtkk towards - d i r e c t 3 a 7 .! 9 10 11 12 13 14 15 16 17 Q. 18 19 20 21 II 22 23 24 25 indication by the eye that 1 was not pleased with what he was doing would almost always bring him under control. H a d you e v e r noticed or had you ever had any cr it ique of Mrs. Thomas or any other teacher in your school that they were not using the materials that had been given them, particular ly the economy texts? No, 1 don't have--I didn’ t have such cr i t ique . In fact, we invited Mr. K i e f f e r , who was a representative of that company, down ior workshop, and afterward we called a l l o f the teachers together and complimented the teachers on their use of this material and f e l t that they had done a good job for the period of time that they had h a ! i t , b e c a u s e the teachers themselves f e l t that they were not doing an adequate job and this was our reason for invit ing him down there, and contrary to their b e l ie f he f e l t that they were doing a good job. While we are talking about Mrs. Thomas, would you t e l l us something about her experience in the D is tr ic t and your opinion and evaluation of her? Mrs. Thomas, in my opinion, was a good teacher, and i t is indicated by the tact that not only was Mrs. Thomas employed as a i lassroom teacher but we used her also in teaching the Basic AduLt Education Class and we also recommended her for the Head Start Program because of her a b i l i t y to establish rapport with young children. 1/0 GLENN H PERRIN O f f i c i a l . C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 Edwards J i r ec L 1 w* 2 3 4 A 5 i1 6 |l i! 7 '11 8 :j 9 1 10 ; Q- 11 | *■ 12 J 1 13 w. 14 15 ' A. 16 j 17 j j 18 t l 19 20 21 jj 22 23 : ij 24 A. i 25 Q. When you say “we", are you talking about the entire administration of the D is t r i c t , including the Superintendent? Yes, out 1 am not speaking in terms o f Mr, Bradshaw as such, now. At f i r s t , i t was Mr. Elkins, I be l ieve , the f i r s t Superintendent, that we recommended her for Head Star^ under Mr. Elkins; the second person was Mr. Anderson, and then the last time that she worked with the Head tart Program, i t was Mr. Bradshaw. Was she always a F irs t Grade teacher? No. When we hired her, we hired her as a Third Grade teacher. Why was she teaching F irs t Grade when she was f in a l ly released or not renewed? A fte r observing her, we f e l t that she was one of our stronger teachers, and she had the a b i l i t y to establish rapport with young children who had not had previous school experience, and a f t e r a conference with Mr. Anderson, between Mr. Anderson and myself, we suggested that we would move Mrs. Thomas to the F irst Grade and Mrs. Kidd, who had taught in that capacity some 20-odd years, to the Third Grade. Was this in recognit ion of Mrs. Thomas' special sk i l ls? Yes, i t was. Now, in regard to Mr. Asive Thomas, did G LE N N H P E R R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 1 a you have ! /t Edwards - D irec t 2 i 3 A . a 4 I; 5 A. i 6 7 !' 9 10 li 12 1 13 14 15 16 17 18 A . 19 20 24 25 A. discussion with Mr. Bradshaw regarding him? Yes. And would you t e l l us about those and when they took place? The discussion about Mr. Asive Thomas was possibly April of ’ 68, and the purpose of this discussion, Mr. Bradshaw had made Home Room v is i ta t ions and he suggested that Mr. Asive Thomas was weak in the area of Social Science and he also suggested that Mrs. Kidd was weak in methods of presentation, and he asked me to make recommendations on it, and I did make recommendations to Mr. Bradshaw in le t te r form and I recommended that Mrs. Kidd and Mr. Thomas return and get additional hours in that area and that if they would agree to do this, that they would be retained in the School D is t r ic t . Were you ever asked to ask e ither one of them whether they would be w i l l in g to do that? No, I d idn 't , but I went on the assumption that my recommendation would be accepted, and I asked them i f they would return, and they did. 21 j| Q. Did 22 ij j A. Yes. |j 23 ;j Q. Now , of the Rosenwald School and Mr. Bradshaw in 1969? Yes. GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u ild in g E L D n a i n n A b v a n r a b < r i t w 9 2 172 ' v> a l <\ s - i) Lr ■? v . 3 k 15 *. I: 16 I Q. : r l i Ub -appr Xi.-ately when that was anJ where it took -\ow, the particular tact or meeting that you arc na k i ng oention o t - - 5 1 Well i f there o k w e l l , wt were 7 ta lking ah <. i 8 that would he 9 oncoming year, 10 Stan lardized t< 11 other areas of 12 1 meeting. 13 Q. u 1' Is this the on' 14 ii consequences oi .. b e l i - v c w e - i i s c u c s e h i t at .aore than one time, .-vli right. At this neeting that you're ta lk i ig about, •whot was said hy Mr. bradshaw and what was said by the tea-mers, including yourself, to the best of your 17 wf a t was a i 18,! tea-; i c r ; , .n 19 rec-i - 1 ec t i on 20 1 O L ‘he bei t 21 it o the - 22 tha ; he pi a., 23 w Ol 1 1. i k ’ t: i e ■. 24 . c C to C O’Ot 25 i tPdd er s w >u oming year that i t up with a c r i t e r ia to determine wĥ t te.-jc. e rs woul 1 be d isn isse i. At this point, one of the GLENN H PERRIN O f f i c i a l C o u r t R i r o r t u F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s t it io i J .) Edwards b i r e c t I 174 5 I: 10 11 12 13 14 15 II 16 li 17 |j 16 j 19 20 'I 21 j| 22 23 24 25 teachers aske i i f it. - - MR. STARLING: Your Honor, I am going to object to what one of the teachers asked or what one o f the teachers said in the meeting as being hearsay. MR. KAFLAN : Your honor,-- THt COURT. I understood Mr. Bradshaw was there talking with them. ’IK. STARLING: e l l r ight. Continue, Mr. Edwards. And the question came out i f a l l of the teachers who would be. dismissed would be black teachers, and Mr. Bradshaw made the statement that i t wouldn't be fa ir to let out white teachers who had been serving in this School d is t r i c t and working at Plum Bayou and retain black teachers. Oil he say anything else in that regard that you can recall? This is basically i t . There were more conversation to it than this, yes. Now, at that point in time when that conversation took place, had i t already been announced that the Wright f a c i l i t y at Wright, Arkansas , the Plum Bayou School, woui.i he the school where the unification would take place and that Kosenwald would not be used any more? Yes, it was generally understood this would be the case. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 « 7 s o Edwards Dir ec 2 3 4 Q. Hi 6 7 8 ij A 9 i, Q. 10 11 12 13 14 | l 15 j j 16 j I A r>W* A. 19 • | i|20 21 jj Q. 22 A. j i 23 Q. 24 A. Had i t in deed been announced to the faculty and to those present. No. In making your evaluati.ns which have been introduced here as i l a i n t i f f s 1 Exhibit I - - I w i l l show you that to refresh your recollectton--were you fa i r and objective in those to the best :>i your a b i l i t y as the Principal? Yep , I was. Were you present at any other time from the time you just described to us that Mr. Bradshaw made these remarks when he said anything else about unif icat ion of the school system? Beg your pardon, w i l l you give me that again? Yep. Were you present at any other time when Mr. Bradshaw made remarks about the unification of the school system, particularly in regard to the retention of teachers? Not in a s ta f f meeting as such. I be l ieve a discussion between Mr. Bradshaw, parents, and teachers came out one night in a School Board meeting. Were you present at that meeting? Ye s . And lo yon reca l l when that was? No, I don't remember the exact date, but spring of '68. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a w » a » 7 i t « o i t was the 1 2 / Edwards Direc t 176 Q- T e l l us what happened then. A. I mean the spring of ’ 69. Q. All r ight. Before the school year '69-'70? A. That' s r i g h t . Q. Tell us what was said by the various participants at that time and where the meeting took place. A. The meeting took place at the Plum Bayou School in the Library, 1 be l ieve , and basically what was discussed at this meeting is the parent was concerned about what would happen to the teachers of the Rosenwald School, and during that meeting i t was quite a b it oi discussion that took place but basica l ly i t evolved around whether-- how many of the black teachers would be retained. Q- Did Mr. Bradshaw say anything in that regard or any of the members of the School Board, who are defendants here, say anything in that regard? A. Yes. In fact , many persons say something in this regard. I believe that basica l ly what was said is that i f - - Well, t e l l us-- identi fy foi us, please, because i t is necessary to do so, who said what, by name,as best as you can reca l l what they said. For example, do you reca l l Mr. Bradshaw saying anything or any other member of the School Board/ A 1 couldn’ t quote what was said by anyone at this meeting GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 » o Edwards - D irec t 1 7 7 1 2 3 4 19 I 20 0 jl ' j 21 i| h. Z2 Q. 23 I A. i| 24 25 other than one statement that was called into question hy Mr.--by Mr. Enid Tony at this meeting, and this statement was made by Mr. Clyde Archer. He referred to — ts Mr. Archer a member of the Board? Yes he is. Tell us about that conversation between Mr. Tony and Mr. Archer. In the heat of the discussion, Mr. Archer referred to the black teachers as “Niggers" and Mr. Tony called his hand on it. What else was said about black teachers, and how did the remark come up? Well, the onliest other time that--this is not the same meeting--the onliest other time that we had a discussion concerning black and white teachers was in April of '68, in April of '68--no, April of '67. In April of '67 we discussed the equalization of teachers' salary. Now, are you talking about vou and Mr. Archer? Tba t ' s r ight . All right. It was--! haa asked the School Board if I could come and talk with them, and during this meeting we discussed the equalization of teachers' salary, and Mr. Archer at G L E N N H PERR IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l b u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 3 0 Edwards D irec t 3 4 5 || !l !j o I i 7 10 i i i a 12 i 13 14 15 16 17 Q. 18 0. 19 A. ii ii20: Q. 21 22 ii A. 23 ! Q 11 24 11 25 I this meeting also referred to the teacher as "N iggers", and when I asked about bringing the teachers' salary up, he told me that he would hire--they would hire them for whatever they could get them for, and he used the agricultural situation to re fer to and say that i f 1-- because ne knew I had farm background and experience, he said i t I could go out and hire a person to drive a tractor for a certain amount, that I wouldn1t go over , and they had agreed to work for this amount, so that is what they would work f o r v Now, just so that the record is c lear, you are talking about a meeting in Apri l of '67 where you were talking about equalizing black salaries to the white salaries? That ' s r i g h t . And was it Mr. Archer's comment that he would hire blacks for whatever he could get them for? That ' s r i g n t . And is it then that he used the epithet "Nigger", also? That's r ight. And again in this meeting of Apr i l , '69, you are saying in conversation with Mr. Tony? That ' s r igh t . At that time, when he was talking with Mr. Tony, did he say anything about hiring or keeping black teachers as opposed to white teachers that you can reca l l? GLENN H PERRIN O f f i c i a l C o u r t R i p o r t i r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s r i 7 s o 2 3 V Edwards D irec t No, I don't remember exactly what was said in this other ! than this. Q Did you ever have any d isc ip l ine problems at Rosenwald? A. During the-- 0 During the time that you were there. During the seven years that I was there, I d idn't have what I would consider serious d isc ip l ine problems other than one, I had to expel one boy at one time. Q- What was the general physical condition of the Rosenwald School? The general physical condition was i t was run down and I inadequate teaching supplies and materials. Up unti l the T i t l e I I Program, some l ibrary materials was bought under this program, and we also had Hot Lunch Program ! during the last three years there, but prior to that tine we had not had a Hot Lunch Program, we had not had l ibrary t a c i l i t i e s . In fact , we had one set of encyclopedias and tew other volumes, single-volume books, that had been purchased by the Parent-Teachers' As s o c ia t i on. J-. Q. Did you have a to i le t? No, we had an outdoor t o i l e t unti l the last year. Indoor t o i l e t was constructed during the last year Did you ask f >r improvements during your tenure as Pr inc ipa 1. G L E N N H P E R R IN O f f i c i a l C o u r t R epo rter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s t i t u 2 Edwards - Direct A 2 Q. 3 Yob , I did. Jid you ever get them? ::o. MR. KAPLAN; That'S a l l . THl COURT; Just a minute. THE WITNESS; i am sorry. Just a minute, CRQS; EXAMINATION 9 BY MR. STARLING: 10 Q. Mr. Edwards, 11 I was going to 12 I believe you 1 together and 14 !i1 ! teachers woul 15 ||ji resolved? 16 j j Al. This is true. 1 7 1 , | V* Mr. Bradshaw s 18 il be made among 19 among both the 20 A. When we discus was just going to 21 Ra“s-> ari(̂ *n>sel->- 3no Mrs. Srair would make evaluations 22 oi our various compon-?nts and then that we would come 23 together -or a final ovaluation. 24 Q. evaluation o, all of che teachers? 25 ji fhat ‘ s right. GLENN H PERRIN O f f i c i a l C o u r t R c f o r t c r F i d i r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 17 10 7 7 / 180 ndwards - Cross Q. 2 !; A. 5 !! A. Ibcit is both black, an i white teachers? Right. And 1 believe you t e s t i f i e d that you had several meetings discussing how this evaluation of a l l of the teachers would take e f fe c t and the c r i t e r ia to be u t i l i z ed , is that correct? Yes. s ;l q. 9i;jj 10 !i /i- !j 11 jj & li 12 '! i: 13 14 i 15 !| 16 17 19 Q. M 20 22 23 li 24 You fee l that Mr. Bradshaw was concerned about this problem of evaluating the teachers? Yes, in a limited way. I ne was interested enough to hold meetings and come up with an evaluation of a l l of the teachers, which he in j.rated t > you both black and white were going to be evaluated, why do you reckon, as you a l lege , that he made a statement that--at a meeting that he was not going t 1 retain any of the black teachers and le t any of the white teachers out? I beg your pardon? A ter going to the trouble of explaining to you his purpose in evaluating a l l of the teachers, both black an: white, and the c r i t e r ia would have to be come up with, what do y iu feel in reference to the statement that you made that he stated, or that he stated at a School Board meeting or a meeting that he would not le t any i f the white teachers but was not going to retain GLENN H PERRIN O f f i c i a l C o u n t R b f o n t k m F e d e r a l B u i l d i n g EL D O N A D O . A r k a n s a s t i t s * 131 upwards Cross 182 2 h. 7 l! 8 9i| Q. 10 11 ! 12 13 14 is |; c 16 | 17 i Q. 00 19 A. 20 Q. 21 ! 22 23 24 25 any ot the black teachers? 1 had no way of drawing this conclusion. The onliest thing that I can say in regard to this is that we did not follow through on the evaluation. In other words, I did not take part or have input in the to ta l evaluation of the D is tr ic t nor did the other Principals in the D is t r ic t . In ather words, I simply ranked the teachers within my school system. Mr. Edwards, anytime during this evaluation, the coining up with the c r i t e r ia , the meetings with you, the meetings with the teachers, did Mr. Bradshaw ever indicate to you that his evaluation would be based upon race ? Oh, no. Di he ever state that to you? No. Did any member of the school Board ever state that this evaluation wiuld be based upon race? No. Then le t ne ask you this question, maybe we can clear some things up. The rea l ly only objection that you have to the evaluation was the fact that i t was your understanding that once you had evaluated your teachers and once Mrs. B la ir, the Head Teacher of the Elementary School at Plum Bayou, had evaluated her teachers, that GLENN H PERKIN O f f i c i a l C o u r t l U F O R r n F e d e r a l . B u i l d i n g E L Dorado A rk a n s a s T1 7 RO 2 . 2 0 A T Edwards - Cross 1 2 3 4 A. ! 5 i | 6 7 1 Q. 8 A. 9 ! Q. 10 A. 11 j Q. ij12 1 13 14 15 16 17 I a 18 i » a 20 21 22 il 23 |i A. 24 25 the two Head Teachers and Mr, Bradshaw would get together I and discuss and evaluate a l l 15 of the teachers and determine who would be retained? That's r igh t . In other words, my objection would be that a l l persons who nad knowledge, working knowledge, of these teachers were not conferred with. All r igh t . In other words You fee l that you-- --mv evaluation was not used at a l l . You feel that you knew the black teachers better than Mt. Bradshaw did in the every day performance? That's r igh t. i I I ' l l agree, 1 think you probably did, also. But you also t e s t i f i e d that Mr. Bradshaw never made any statement to you or made any indication to you that his evaluation would be based on race? No. Now, do you agree that the proper way to proceed with this evaluation was to come up with a c r i t e r ia and to evaluate a l l 15 teachers, both black and white, is that what you concede to be the proper way to do it? Since the School D is tr ic t was to be unified and we had teachers both c e r t i f i e d ir. elementary and secondary education and some of the teachers at the Rosenwald GLENN H PERRIN O f f ic ia l Co u rt R eport! * F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s t i t s a 183 184 Edwards - Cross 1 2 3 4 5 6 Q- 7 8 9 10 Al. 11 a 12 i A. 13 ; I1 Q. 1 14 ! 1 15 16 17 18 ft 19 20 21 22 -3 24 ;| Q. 25 School was holding secondary c e r t i f i c a t io n but had been ^orced t teach in elementary schools because of integration, 1 feel that the evaluation should have involved all teachers in the D is t r i c t , not just the elementary teachers even. Well, now, in reference to that particular statement, which I wasn't aware of, le t me ask you th is, how long had it been since the elementary teachers at the Tucker-Rosenwald School had taught high school? It nad been since the high school-- Four years, right? --movec to Plum Bayou. No, three years. Three years. So they really hadn't had any teaching experience in the high school level for a period of three years, is that correct? This is true, other than junior high. Now, going back to my or ig ina l question, i f Mr. Bradshaw was going to evaluate the elementary teachers, would you concede that i t ' s proper that he should have evaluated all 15 teachers, both black and white, rather than just evaluate the Negroes or just the whites or however it may be? Definitely .-,j. Let me ask vou, Mr. Edwards, i f 1 may, what were the names ol the Negro teachers at the Tucker-Rosenwald GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g CL D o r a d o A r k a n i a * t i t i o Edwards Cross l j School, the elenentary teachers, when you made your 2 evaluation? 3 a . Mrs. Clark, Mrs. Davis, Mrs. Evans, Mrs. Gordon, Mrs. 4 Kidd, Mrs. Dora Thomas, and Mrs. Lois Ann Thomas. 5jl k Lrhai was the names of the elementary teachers at the 8 Plum Bayou Elementary School? Ii Mrs. Keith, Mrs. B la ir , Mrs. Moore, Mrs. Ramsey--I 5 believe that 's a l l I can name right now. j *!j a Was a W i l l i s working there? Was she an elementary io ji teacher? n ij A. Yes. 12 I Q. And was-- i A.13 Now> that 's one name that I am familiar with, but I was 14 actually naming white teachers rather than the whole IS s t a f f . 16 Q. Well, let me ask you i f these were the names of the 17 teachers who were working at the Plum Bayou Elementary 18 1 School at the time of the evaluation. Mrs. Blair? 10 A. Yes. 20 Q. Mrs. Dye or Wall? 21 ! A. Jh-huh. 22 Q. Mrs. Ramsey? ! 23 A. Yes. 24 Q. Mrs. Rosen? i i i 39 A. Yes. 1 i ii GLENN H PERRIN O f f ic ia l Co u n t R cpontsn P kdknal Ruiloim o I L Dobapo_A i i h i i m h _______ *7 * J t Edwards - Cross 13 I Q- 14 I! 15 16 17 |l 0 18 19 20 21 I 22 24 25 1 ! Q. Mrs. W i l l i s 2 A . Yes. 3 Q. Mrs. Moore? 4 A. Yes. ii 5 j i c . And Mrs. Kei Ij 6 A. Right. 7 I Q. Now, at the 8 '! evaluation o 9 l i A. Uh -huh. 1 0 >j Q. And you made 1 11 •i that correct 12 l| A. This is true an Do you know whether Mr. Bradshaw asked Mis, Blair, the Head Teacher of the Pluni Bayou Elementary School, to make an evaluation of her teachers? No , I don 11 . A l l r ight. But it was your only objection to this whole thing which you have stated is the fact that after the evaluations were made by the individual Head Teachers that you then d i d n ‘ t get together, you, Mrs. Blair, and Mr. Bradshaw, and s i t down and determine who would be retained and who would not , is that not a correct s ta Lenient ? This is true, because this is what had been indicated would happen. GLENN H PERRIN O rr ic iA L C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 1 0 186 1 t l v - Edwards - Cros; M Q- 5 , Q. Q. 10 11 ! 12 :l 13 I 14 !i 15 I 16 17 18 10 20 21 !| 22 23 24 25 Let me just show you an enlargement of a chart, i t is homemade and not the best in the world, and ask you i f tnese were the elementary teachers at the Plum Bayou Elementary .school at the time you made your evaluation? That is true. And were these the elementary teachers at the Tucker- Rosenwal i School at the time you made your evaluation? That's r igh t . Now, assuming you made your evaluation, which you did, assuming sirs. B la ir made her evaluation of her teachers, and that you had gotten together with Mr. Bradshaw to determine which teachers would have stayed and which teachers would not have stayed a f t e r the evaluation, how would you have evaluated, l e t ' s say, Mrs. Gordon with Mrs. Moore? fne part : ere is that I would not have evaluated them a0ai. ist , you would have had the three persons making these evaluations. In other words, I could have ordered the strength and weaknesses of my teachers compared with Mrs. B la ir and M.. Ramsey ordering the strength and weaknesses of th* i r teachers and c o l l e c t i v e l y with the knowledge that fir. Bradshaw had and that the three of us . ad, we could have come up with a better evaluation than any oPe per:- in could have. vlka) . How ;-idny tr lpa have you made as Head Teacher of GLENN M PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A h v a m b a b t i t * / 187 Edwards - Cross 18a 2 3 || 4 I. 5 ii 19 20 ! ij 2 1 ; j 22 23 J 24 ■I the Tucker-PosenwaId School over to the Plum Bavou elementary behool ior the purpose of observing these teachers in the performance of the ir duties? 1 hadn't made any s p e c i f i c a l l y to observe them. Of course, I had made some tr ip s . ilow many times had Mrs. B la ir , who was the Head Teacher 01 f iun bayou elementary School, come to your school, to Tucker-KosenwalJ Elementary School, :or the purpose o. i , taking pors ma 1 observation ol teacher performances in that school? N on e . Let s say, i t we fo l low up ~*n your answer awhile ago, a f t e r you have evaluated your te a c h e r s - - f i r s t of a l l , - - s t r ik e t a t , please, f i r s t of a l l , could you have compared any of the teachers on this l i s t with any of the teachers in that l i s t ? Y<*s , 1 could nave. 1 could have compared them from the standpoint or number o: years experience, I could have compared then ron the standpoint of c e r t i f i c a t i o n and from the ir transcr ip ts . These are things that 1 would nave had an ipportunits t > see, and 1 could have given input based in th is , an i then, not only that, hut from the standpoint of d is c ip l in e , the amount of pull that was established, i t would have been a basis for discussion between Mrs. 3 ia i r , myself, and Mrs. Ramsey. GLENN H PERRIN O p i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n r a r t i t s o Q- in other w ■>; .s , are you saying then the only c r i t e r ia which would he u t i l i zed in evaluating teachers are paper criteria.-' A. No, I am not. 0- Are you saying-- A- ue f in i t e ly not. Q. Are you saying there are abstract qua lit ies which a teacher must have to be a good teacher? A. Oh, yes. Then in evaluating or comparing the abstract qua l it ies ol ary "*f the teachers at the Plum Bayou Elementary School with the teachers at the Tucker-Rosenwald Elementary School, could you have compared those abstract qualit ies? A. No, not without additional information. Q. Did you evaluat c your ownself in your evaluation? 1 it. No, A. • i. 1 A A 1 w j How t h e n , w e r e you going to include yourself in one o f the 15 teachers who were going to be retained or not reta ined? I had de l iberate ly l e f t myself out of the evaluation because Mr. Bradshaw and I had talked prior to that and he had offered me a position teaching middle-grade Mathematics. He had also decided at that time to hire a person who was not c e r t i f i e d in any area as Principal GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g * * * * * * / ^ EL D o r a d o A r k a n s a s 7 < 7 s o jT L i Edwards Cross 190 ii 2 j| 3 i 4 5 ij Q. i; 6 I1 ! 7 j! jii 8 ij ;| H. 9 i o- 10 11 j A. 12 i a ; 13 1 | 14 A. 15 i 16 Q. IT I 18 I 19 Pi. 20 Q. 21 ! 22 A 23 Q- 24 i 25 i A. li o*c L̂ ,e school, and I had already set out to seek additional enployment and wouldn't be in the D is t r ic t , so j. diin t tee l that it would even matter one way or the other, so 1 didn’ t include myself in the evaluation. Isn 't i t not true that Mr. Bradshaw made his evaluation of the teachers prior to your giving him your res ignat ion? DiJ Mr. Bradshaw make his evaluation-- Did you- - f i r s t of a l l , did you make your evaluation prior to your g iving your resignation to Mr. Bradshaw? Yes , I did. And didn't Mr. Bradshaw make his evaluation of a l l of the teachers prior to you g iving him your resignation? Possibly so. I believe I gave him my resignation in Apr i l . i t would have been about the same time. 1 see. Mr. Edwards, in other words, you did not evaluate! yourself in reference to the teachers at your school, right? No, because that would have been a se l f-evaluation. Then, in other words, you couldn't r ea l ly have evaluated yourself, couli you? No, I wouldn't have attempted to do that. But, on the other hand, a l l 15 teachers needed to be evaluated ? This is true. GLENN H PERRIN O f f i c i a l C o u r t R s p o r t k r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 S 0 Q. Who was the m ly person who could rea l ly look at a l l 1j teachers, Including Mrs. Bla ir , the Head Teacher, and you, and evaluate a l l of them? A Mr. Bradshaw would have been in the best position to evaluate me, but not necessarily in the best position to evaluate a l l teachers. Q. Well, again, I ask you, how can you compare the abstract qua lit ies of a teacher, of Mrs. Evans or Mrs. Clark, with any of the teachers over here who you have never observed in the performance of their classroom duties? MR. KAPLAN: Your Honor, 1 think we have gone over this several times already and getting a l i t t l e repet i t io u s . MR. STARLING: A l l r igh t , f ine. i Q. Let me ask you one f in a l question, i f you w i l l , concern ing th is , and that is , in the event that you and Mr. Bradshaw and Mrs. Blair had sat down and discussed these teachers together, which is the rea l ly only objection you have to what happened, is that correct? This is true. tdwards - Cross Q. What i f lrs. Blair had said Mrs. Moore is better than Mrs. Gordon, and you had said, "No, Mrs. Gordon is better than Mrs Moore", what would have been the f ina l auditor of that part icu lar s ituation? I think one of the things that 1 would use in comparison GLENN H PERRIN O f f ic ia l C o u n t R epo rter F e d e r al B u il d in g EL Do r a d o . a r k a n r a r t i 7 »o Edwards - C oss 5 |i 9 10 I, 0- II 11 l i » ■ A. 13 I c. 14 15 16 17 18 II r, |l is a fter l looked at Mrs. B la ir 's evaluation, I would have used my teachers along with Mrs. B la ir 's teacher and compare how she had compared the teachers that I did have s ome knowledge of and then 1 would compared my teacher. There is some teachers in this l i s t of Mrs. B la ir 's that I had experience with, and then based on my knowledge of those teachers and the teachers that I had evaluated and Mrs. B la ir 's evaluation, I could have reached some type of evaluation. But in the i in a l analysis, Mr, Bradshaw would have been the man who had to make the decision? Oh, yes, d e f in i te ly he had to make the decision. Alter the evaluation, Mr, Edwards, do you know the order in which these teachers, the result of the evaluation ranked the teachers? I couldn't remember just offhand, but I did get a chance to see i t . I have seen i t . Can £ give you or show you an enlargement of the ranking 19 of the t e a c h e r s , and i wi L1 read them o f f , and you t e l l 20 me i . this is correct to the best of your knowledge. 21 ,i No. 1 was Mrs. Mildred Blair. 22 A Uh-huh. 23 ' Q. No. 2 was Mrs. Janet Dye. No. 3 was Mrs. Robbie Keith. 24 No. 4 was Mr. Edwards. No. 3 was Mrs. Moore. No. 6 was 25 Mrs. W i l l is . No. 7, Mrs. Rosen. No. 8 was Mrs. Davis. GLENN H PERRIN O ff ic ia l C ount R eports* P bdkral B u ild ing EL Dorado A rk ansas t i t » o 192 * 5 Edvards Cross *N,:°- , Mrs. .-.vans. No. 10 was Mrs. Clark. Now, Chose were Che ten teachers who were retained and in Che order in which they were ranked a f te r the evaluation. Oh-huh. Is that true to the best of your knowledge? That's r igh t . And o; the l i v e teachers who were not retained and the order and rank in which they were evaluated; No. 11, Mrs. Ramsey. No. 12, Mrs. Gordon. No. 13, Mrs. Thomas, do. 14, Mrs. Dora Thomas. No. 15, Mrs. Armenia Kidd. Now, i t you had had the opportunity to evaluate these teachers as you suggested that you should have had, and being your only object ion in this particular matter, how would you have ranked those teachers d i f fe r en t ly than Mr. Bradshaw did? .H<. KAPLAN: Your honor, I am going to object. We have gone through that. He has already t e s t i f i ed to those addit ional .actors ne would have needed an! those conversations he would have had to engage m. He has already answered that question. THE COURT; No, I don't think he has answered the s p ec i f i c question. I t ’ s a proper question. I w i l l answer i t in this way; I f you note, Mrs. Althea GLENN H PERRIN O f f i c i a l . C o u r t R c r o r t k r P socral. Bu ild in g EL D o r a d o A r k a n g a * 7 1 7 s o 2 M & * Edwards - Cross 5 ii 7 i 23 24 25 Q. 194 Gorion, No. 12. Within my school I had ranked her No. 2, ! which means that she would have de f in i te ly not f i t t ed in that category ■- ith me having seven teachers in my school system. Let me point out Mrs. Lois Ann Thomas, who I ranked No. 4 } she would have not been in that lower f i v e . So as i t was pointed out this morning, I had ranked Mrs. Evans as a stronger teacher, Mrs. Gordon second strongest, Mrs. Lois Thomas third strongest, Mrs. Maxine Clark fourth, Irs. Davis f i v e , Mrs. Dora Thomas s ix , and Mrs. 10 Kiddi seve a . 11 j a Well, 1 now M -c, . i O 12 Mr s . A r t i e Dav 13 - This Is t rue. 14 L How would you 15 ! wou Id you have 16 peopl e? 17 | L wouid have r ]18 1 : Dav is h a r ed »n 18 class o o 0 , t h e 20 l! Q- How- would you II 21 i! r e fe r ence to y 22 : THE attempt to rank himself, Mr. Starl ing. •■IK. sTAPLINC: I w i l l withdraw the question. In reference to these bchool Board meetings, which you GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i m o < •> cC L H f t B A r t r t A » w a Cros tEdwards xi t e s t i f i ed that, I be l ieve , Mr. Archer on two occasions * use. tre -ptthet "N igger" , could he have used the term 3 "Nigri"? 4 No, he didn’ t . ME. STARLING: 1 believe th a t ’ s a l l , your Honor. i l 6 ilI 1 REDIRECT examination 8 ! BY MR. KAPLAN: 8 |j • tdwards, when did you find out about this non- certx iod individual that was going to be hired to be 11 ! the ’r inc lpa l o the consolidated, unified Plum Bayou 12 | ii School/ ; i 13 Actually, I hadn’ t had anything o f f i c i a l on i t , but, 14 we 11 1 ir every school d i s t r i c t , I guess, l ike everywhere j 15 else intentions and plans for the next year get 16 out , and i knew that Mr. Ramsey and Mrs. Ramsey had 1 17 a lrea dy previously stated that they would not be with 18 1 the ochool D is tr ic t another year early in the year, and-- 19 ! d- They had -aid that early in the year? 20 Yes , 1 they ha i . 21 ! Q. Pr i or to March? 22 i’1 A. That ’ s r ight. 11 23 ji Q. And prior t ) both of the evaluations discussed here? 24 j A i . That ’ s r igh t. 25 ME. STARLING: Your Honor, I object to that, 1 1 1 GLENN H PERRIN I O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g i E l n —- ■ — - - ....... ................... Edwards - Red irec t 196 5 li d a n t R e l i e v e that-- I be l ieve in one thing what :"Ir“ r' ansey and Hrs. Ransey said would be hearsay, ani t h e > t h e r thing I don't believe there has been any testimony at a l l concerning that fact. KAPLAn: Well, he just t e s t i f i ed to i t . I w i l l 0 ji as!; him how he knows i t . I don't think i t ' s 7 ji inadmissible. 8 THE COURT: W e l l ,— 9 i| Q- I How d id y iu find out-- i 10 THE COURT: Of course, he said i t was hearsay. 11 i 1 He said i t was hearsay, M r. Kaplan. He said 12 l| "That's whet Mr. Ransey said". i 13 HR. KAPLAN: A l l r ight. 1 14 Q. D id you have a conversation with either M r. Ramsey or j 15 Mr. Bradshaw in that regard? 16 A. With Mr. Ramsey and Mrs. Ramsey from time to time, 1 they 17 had discussed their plans for the coming year. 18! Q• A l l r ight. Now, in regard to the Head Teacher or 19 Principal at the Plun Bayou Bchool, I take i t that there | 20 1 is such an individual, is there not? 21 | c\. That's r i g h t . j 22 Q. H a l b een h is to r ica l ly in the D istr ic t? || 23 h. That ’ s r ight. i| 24 || Q. Were you ever told that you were being considered for 25 1 that position? i GLENN H PERRIN 1 Official Count Rbfontkn F c o k r a l B u i l d i n g E l— D o r a d o a n»# * No, like I mentioned, I had been told that-- THt COURT; Now, wait a minute, who told you? iHL 1TNESS : Mr. Bradshaw. THE COURT: A l l r igh t. What did he t e l l y 3u and \>;hen did he t e l l you? I t would have been about March of '69. And what did he t e l l you? He told ne that--he asked me would I consider taking the position to teach middle-grade Mathematics at Plum Bayou. Did he say anything at a l l about any kind of adminis tra t ive capacity that went with that? No. A l l r igh t . Now, in response to several of Mr. S tar l ing 's questions, you said that your basic objection to the evaluation method was that you did not partic ipate in i t , and oid you not also s ta te --o r , le t me str ike that, and le t me ask you, did Mr. Bradshaw say anything about not hiring blacks in preference to whites? Only in the s ta f f meeting that I had mentioned-- W e l l , — --where he stated to the faculty at this meeting that he ! idn ' t think i t would be fa i r to dismiss white teachers who had been working in the Plum Bayou School over a number of years to replace them with black GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g .1 i, iwn rd ■, - Red i r ec t 1 teachers iron Tosenwald School. 2 Q- is ow , in your evaluation o'" the unfairness of the 3 eva iuatl on method, or ijn your opinion of the un fa i rn ess , 4 d o e s thi s remark also play a part? 5ji J| A. Yes , it does. 6 lj 7 1 MR. KAPLAN: That':3 a l l . 8 RECROSS EXAMINATION BY MR. STARLING: 10 ( Q. li ; 12 1 13 14 15 10 17 i 18 19 20 2i : 22 23 24 25 M r . E d w a r d s , w h e n I a s k e d y o u e a r l i e r h a d M r . B r a d s h a w e v e r i n d i c a t e d t o y o u i n a n y w a y o r m a d e a n y s t a t e m e n t s t o y o u t h a t h i s e v a l u a t i o n w o u l d b e b a s e d u p o n r a c e , y o u s t a t e d ’‘ N o " . Mo-. B r a d s h a w d i d n o t t e l l me s p e c i f i c a l l y t h a t h i s e v a l u a t i o n w o u l d b e b a s e d u p o n r a c e . A t e a c h e r i n a n o p e n s t a f i m e e t i n g a s k e d M r . B r a d s h a w w h o w o u l d b e l e t o u t a n d i f i t w o u l d b e a l l b l a c k t e a c h e r s , a n d h e a n s w e r e d h e r b y s a y i n g t h a t h e d i d n ' t t h i n k t h a t i t w o u l d b e l a i r t o d i s m i s s t e a c h e r s w h o h a d b e e n a t t h e P l u m B a y o u S c h o o l a n d g i v e n t h e i r s e r v i c e t o h i r e b l a c k t e a c h e r s ■ r o m R o s e n w a l d . T h i s \was h i s r e p l y t o t h e m . W e l l . t h - T , , M r . E d v a r d s , w h y d i d M r . B r a d s h a w g o t o a l l o i t h e t r o u t l e t o c o r e u p w i t h a n e v a l u a t i o n t e s t a n d t e l l y o u t h a t h e w a s g o i n g t o e v a l u a t e a l l 1 5 o f t h e t e a c h e r s , b o t h b l a c k a n d w h i t e , i f h e a l r e a d y s a i d h e GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g 199Edwards - Recross I1 5 . 10 11 12 13 14 ! 15 i 16 II 17 18 19 20 21 22 23 24 25 w a s n ' t g o i n g t o h i r e o r r e t a i n t h e Negro teachers;’ Hr h a d a l s o s t a t e d t h a t a l l teachers would be involved i n t h e e v a l u a t i o n , but that was not carried out, e ither. W e l l , the reason, I t h i n k , we have tr ied to demonstrate w h y t h a t w a s n ' t c a r r i e d out is because you were not k n o w l e d g e a b l e i n t h e a r e a o f the white teachers, there is n o w a y y o u c o u l d h a v e e v a l u a t e d them, the only person w h o c o u l i h a v e e v a l u a t e d the teachers as f a i r ly as p o s s i b l e w o u l d h a v e b e e n M r . Bradshaw, he is the only o n e w h o had, k n o w l e d g e o i both sets of teachers, but the q u e s t i o n I a r asking y o u i s , why did Mr. Bradshaw go to t h e t r o u b l e t o c o m e up w i t h an evaluation test and e x p l a i n t o vou t h a t h e was going to evaluate a l l 15 t e a c h e r s , b l a c k an! white, i f in fact he had made the s t a t e m e n t t h a t h e was not going to retain any black t e a c h e r s ? Y o u a s k i n g . o r a n a n s w e r o r a n o p i n i o n ? I am a s k i n g f o r a n a n s w e r . I w o u l d h a v e t o g i v e y o u a n o p i n i o n . I f you want me t o g i v e y o u a n o p i n i o n , I c a n g i v e t h a t . Wa- this a s t a f f m e e t i n g w h i c h w a s s t a f f meeting o f the P l a n B a y o u E l e m e n t a r y s c h o o l plus the Tucker-Rosenwald E l e m e n t a r y S c h o o l ? N o , o n c e monthly we w o u l d have a workshop where teachers w o u l d d e m o n s t r a t e new methods or techniques to the s ta f f GLENN H PERRIN O ff ic ia l Cou nt Rbpontkn Fkdcnal Bu ild in g EL D o r a d o A i h i m i a i t i v i a Recross 200 Edvards - Q. Q. 10 11 12 '! 131' 14 Ij 15 ia l | I1 17 ji 18 ij II 19 I 20 21 ji 22 23 24 25 i A . as a n m s er v i c e type of training program, and we would a l w a y s invite Mr. Bradshaw in to these workshops, and t h i s w a s at the end of one of said workshops. At t h e Tucker-Rosenwald School? At t h e Tucker-Rosenwald School. And you lean to say that Mr. Bradshaw stood before a l l nine >egro teachers and told them, when they asked him what was gJing to happen to the faculty when there was a reduction in force took place due to unif icat ion, that none of the Negro teachers were going to be retained? No, 1 did not say that Mr. Bradshaw said that. I say that Mr. Bradshaw say that i t would not he fa i r to d i s m i s s w h i t e teachers from Plum Bayou School to r e p l a c e t h e m with black teachers from Rosenwald. L e t m e a c k y o u t h i s , d i d l i e i n t a c t replace any white t e a c h e r s w i t h a a l a c k t e a c h e r rrotn Tucker-Rosenwald School? No. I showed you the evaluation form that Mr. Bradshaw m a d e m t a t the end o f that evaluation, how he ranked those teachers , - - LTh-huh . - - a n ; I -how you on that in a 1 evaluation ranking, Mrs. i - i t z a n e t h Ramsey, who was ranked No. 11. OUENN H PERRIN O w e i a l c o u r t R eporter PCOERAL •UILDINA L ' Ivans Rtcross M l A U h - b u h . 2 : j Q. I s s h e w h i t e o r 3 A. S h e ’ s w h i t e , b u t 4 l e a v i n g t h e D i < t 5 : 0. H ow ' o y o u K .n .o wr « a. 7 1 8 9 17 i 18 10 20 2! 22 23 24 25 Mr. Bradshaw a wl Mr. kai. sey and I was at State Teachers’ College at Conway tan log administrative course, and Mr-. Ramsey a s early as that knew that he would not b e ,— a. ! that was Ln 16 7 — that he would not be in the D is t r ic t , 10 He w a s b u i l d i n g a home up at Beebe, and he had planned li :| t o l e a v e p r i o r t o t h a t t i n e . 12 j. D i d Mr. ka.nsey i e l i Mr Bradshaw that Mi: s . Elizabeth 13 tj R a m s e y wa> g o i n g t o he r e s i g n i n g ? 14; k - I c o u l d n ' t say. 15 i! Q l W e l l , t h e i , l o o k i n g a t t h i s evaluation, then, is i t not 16 J true t h a t M r s . Ramsey was evaluated No. 11; thereiore, she was i o t o n e o f the teachers retained? S h e i s e v a l u a t e d N o . 1 1 . h;. isi, t i t true that Mrs, Clark, Mrs. Evans, Mrs. D a v i s , Mr s . w i l l i s , M r . r. car is are N e g r o teachers w h o c o u l u c a v e i n .‘-act replace ' her on the evaluation? we o ’.ii-i ot r e p l a c e s o m e t h i n g that was leavLog anyway. Hov Jo y o u k n o w s h e w v s l e a v i n g , d i d she t e l l you she was r e. s i g n i n g • Y e h , s h e i d . GLENN H PERKIN Of f ic ia l Co u nt R o e a r n PCOKNAL BUILOIMO CL Dorado A beaurar I C f J & towards - Recross Wh e n ? Mi s . k ums e v - dine L 3 p i to l i c e a n d ;dr s . r.v ans O c t . O e r o f t that s h Distr ic t the next year SX̂ LING* i believe t h a f s a i l . Thank you. 9 i n' 10 11 12 13 14 15 .REDIRECT EXAMINATION MR. K A P L A N ; Mr. Edvards, whaL is your response to Hr. Starling* question. Which one. A. ii tht *- eat,o wny Hi . Bradshaw engaged in the evaluation anyway. I f I was*- 16 17 i 18 19 20 21 I! 22 23 24 25 | MR, 2; TAR LING: I object, Your Honor, i f i t ' s going t o a >p i .o i o n . H> i s n o t one qua l i f ied to g i v e an o p i n i o . . VIK. KAf LAN: Your Honor, he asked the question. He was ent it led to answer i t >IR“ 5^ L IN G : I withdrew the question, too. 1R. *0AtEAN: Not that i heard, Your Honor. a Hi uOilRl; W e i ; , what question is this? • fuU ^ - “ hy >ir. Bradshaw went through the evaluation even though he said that teachers would OUENN H PCIVIVIN Of f ic ia l Co u nt F io c n a l S uiloim o 20, towards ti rec l J03 22 23 24 25 n o t - - l a c k t e a c h e r * w o u l d a o t h e - - i . ! ± C O U R T : W e l l , we h a v e b e e n g o i n g t h r o u g h thi . - , e v a l u a t i o n a n d t h e r e a s o n f o r i t a l l d a y . x - 3 ' 1 1 s e e t h a t t h i s w i t n e s s n o w c a n g i v e a n y >p i n i n n s a s t o w h y M r . B r a d s h a w d i d s o m e t h i n g a n y m o r e t h a n M r . B r a d s h a w c a n g i v e o p i n i o n s 7 1 a s w h y h e d i d s o m e t h i n g o n h i s o w n . 8 lj w' hat 1 w o o l : l i k e t o k n o w , w a s 1 9 6 8 a n d ' 6 9 9 1 y o • :r l a s L y e a r - 10 ;j THL i a IT N L S S : T h a t ' s r i g h t , s i r . 11 ; J | IHr. C O U R T : A n d t h e y e a r f o l l o w i n g t h a t w a s 1 12 | w h e n t h e y h a d t h i s t e a c h e r r e d u c t i o n ? 13 j THE i I T N L S S : T h i s i b t r u e . 14 i T HL COURT: T h e r e w e r e n o - - w e r e t h e r e a n y 15 1 r e d u c t i o n s , s o f a r a s y o u k n o w , i n h i g h s c h o o l i 16 t e a c h e r s , N i n e t h r o u g h T w e l v e ? | 17 THL I T N u o S . N o t t h a t I k n o w o f , s i r , o t h e r t h a n 18 1 •' ir . a m s e y . 19 THL ■COURT: d i d t h e y r e p l a c e M r . R a m s e y w i t h 1 20 s ome b od y e l s e ? 21 | THL W I T N E S S : Y e s , t h e y d i d . THL COURT. who? ?Hh w1TNEHS : Mr. K1utts . THL 10URT : 1 he/ "Hi iviTNLSS: Mr. Klutts , I believe, G L E N N H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n gPI firm A nr, A ■. . ... . i 2 5 9 n ndwards Re ! i r e c t 1 TllE C O U R T : K l u t t s ? 2 : THE W I T N E S S : U h - h u h . 3 THu C O U R T . I s h e i n t h e h i g h s c h o o l ? 4 THE W I T N E S S . T l a t s r i g h t , s i r . 5|j l! T}iE C O U R T : A n d h e w a s t h e o n l y .one t h a t w a s 0 j!l a H e l t o t h e h i g h s c h o o l t e a c h e r s ? 7 It THE W I T N E S S : He w a s a l r e a d y i n t h e h i g h s c h o o l , Y o u r H o n o r , THt. C O U R T : w e l l , I n o t i c e d t h a t h e w a s t h e r e s o I d i d n ' t k n o w h o w h e c o u l d h a v e t a k e n M r . R a m s e y ' s p l a c e . THL . I T N R S b . i d r . R a m s e y w a s H e a d T e a c h e r THc. C O U R T . rie w a s w h a t ? THi-- W I T N E S S : He w a s P r i n c i p a l o f t h e P l u m B a y o u S c h o o l , a n d M r . K l u t t s w a s m o v e d u p t o t a k e h i s p o s i t i o n . THt. C O U R T : O h , y o u h a d a P r i n c i p a l o f t h e 18 II s c h o o l . - 19 THE W I T N E S S : T h a t ' s r i g h t , o r H e a d T e a c h e r . 20 iHr. I 0 U R T : H e a d T e a c h e r ? 21 !| THE W I T N E S S : U h - h u h . P r i n c i p a l w o u l d b e a p e r s o n , 22 :| Y o u r H o n o r , w h o d e v o t e s m o r e t h a n oQ p e r c e n t o f h i s 23 t i n e t>> s u p e r v i s o r y w o r k . 24 ,i THE C O U R T : U h - h u h . 25 ji l THE W I T N E S S : H e a d T e a c h e r i s a p e r s o n w h o h a s t h e ! ii _ GLENN H PERRIN O f f i c i a l C o u r t Reporter F e d e r a l B u i l d i n g * > L r 205i Edwards — i - - ------------------ |1 ; 2 3 4 5 6 7 8 10 12 ! 13 i| | 14 16 17 l i is ; il 19 i 20 23 ;j •J2 23 24 25 Redirect responsib i l i ty of a i’r inc ipa l but more than 50 percent n his time is spent teaching classroom., THE COURT. Oh, 1 see. Now, you resigned? THE WITNESS: That's r igh t , s ir . 1HE COURT: Was that because you had a better job to go to? THE WITNESS: That was because that I f e l t that I was not being considered fa i r ly tor the position that was becoming open in the other school. THfc. COURT: Did you make that view known to Mr. Bradshaw? THE WITNESS: No, I d idn 't . THE COURT; But you did write a le t te r and tender your resignation? THE WITNESS: That's r igh t, s ir . THE COURT: On the basis that you were going to do whatc THE WITNESS: That I was taking a job with the Office o: Economic Opportunity. THE COURT: Economically speaking, was that a better job than the one you had? THE WITNESS: Yes, i t was. THE COURT: You had some incentive to go to that, then;' Yes iLi THE WITNESS: GLENN H PERRIN O f f i c i a l C o u r t R e p o r t s * F e d e r a l B u i l d i n g I'Ht COURT: Who e ls e was i t res igned besides THE WITNESS: I i o n t b e l i e v e a n y o t h e r p e r s o n o t h e r than--that i s , i rorr t h e s c h o o l t h a t 1 w a s w o r k i n g i n , r e s i g n e d . A 1 m e n t i o n e d b e f o r e , M r . a n d M r s . R a m s e y r e s i g n e d i r o m t h e P l u m B a y o u . T HL C O U R T : 1 u n d e r s t o o d t h e r e w a s a n o t h e r o n e - - f r o m e a r l i e r t e s t i m o n y I u n d e r s t o o d t h e r e w a s a n o t h e r m e i r o m t h e E l e m e n t a r y S c h o o l a t R o s e n w a l d t h a t r e s i g n e d b e s i d e s y o u r s e l f . THE I T N E S S : N o t f r o m my k n o w l e d g e . M r s . D o r a T h o m a s n a y h a v e r e s i g n e d , b u t s h e d i d n o t m a k e - - THL C O I T i T : 1 u n d e r s t o o d s h e w a s n o t o n e o f them. T h e r e w e r e l e f t t h r e e t h a t h a d t o b e a d v i s e d t h a t t h e y w o u l d n o t b e r e e m p l o y e d . I n v / i ew o f t h e i a c t t h a t y o u a n d o n e o t h e r f r o m K o s e n w a l d r e s i g n e d . Y o u d o n ' t r e m e m b e r w h o the o t h e r o n e w a s ; THE W I T N E S S : N o , I d o n ' t , s i r . T HE C O U R T . Y o u n a y s t a n d a s i d e . MR. K A P L A N : Y o u r H o n o r , I h a v e o n e b r i e f a r e a o f i n q u i r y b a s e d in y o u r q u e s t i o n s . W e r e y o u i n t h e s c h o o l s y s t e m w h e n t h e h i g h s c h o o l s w e r e a n i f i e d Y e s , [ w a s t GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u il d in g EL Dor ado A r k a n s a s 7 1 7 S 0 Edwards - Redirect. i Q. 3 A . 5 10 o n !j |j 12 1 13 14 15 16 17 I U. 25 What happened to the black high school teachers at Rosenwald ? The black high school teachers at RosenwaId--this is what 1 brought out earl ier--due to the reduction of the lowering of the grades, the number of grades in the school, the high school teachers within the Rosenwald system, those who d i d not resign that year, taught junior high school, and, well , I would say middle grades, l i v e through eighth Grades. Who w e r e they? Yourself? My s e l l , Mrs. Davis, and Mr. Robert Hall. THE COURT: .Mr. who? THE WITNESS: Robert Hall. How about Mrs. Gordon? M r s . Gordon was teaching the Second Grade, she was t e a c h i n g i n the elementary le v e l . I s e e . A n d i i i a n y r e s i g n ? That taK.es care of three 18 ! teachers, y iu, Davis, and Hall. 1 9 A . |! N o , Mr s . W i l l is was teaching English and the Librarian 20 there and she was moved to Plum Bayou. 21 ii Q. Anyone else cither resign or move to Plum Bayou? 2 2 ! A . That’ s a l l , there was only four teachers in the high 23 s c hoo1. 24 MR . KAPLAN: Okay. THE COURT: Is that Althea W il l is? G L E N N H PERRIN O f f ic ia l C o u r t R e p o r t e r F ederal B u il d in g EL Do r a d o A r k a n s a s 7 i7so 1 L X jo/ Edwards Reeross THE WITNESS: That's r igh t . THE. COURT; is she white or black? THE WITNESS; S h e i s black. RECRObS EXAMINATION RY MR . STARLING: Q. Mr. Edwards, in 1966-'67, when the Plum Bayou High School was unitized, how many of the teachers at Tucker- Rosenwald were teaching high school at Tucker-Rosenwald prior to the unitization of the high school, '66-'67? A. Four . Q. And what happened to those four teachers upon un it iza t ion in 1966-'67? A. One resigned, a Mr. Charles Bell resigned, Mrs. Althea W i l l i s was transferred to the Plum Bayou school, I remained there as Principal of the school, the same capacity that I had, the only thing I started to teaching .Mathematics from Five through Eighth Grade rather tnan high school Mathematics, and Mr. Robert Hall remained there as SociaL science teacher and he just taught on lower le ve l where he had been teaching Seventh through Twelfth Grade Socia l Studies, he started teaching FI. tbrougi Eighth Socia l studies, and Mrs. Art ie Davis remained there teaching English. A l l r igh t . Then, in other words, when the Plum Bayou GLENN H P E R R IN O f f i c i a l Court R eporter F e d e r a l B u i l d i n g EL D o r a d o A rk ansas 7i7so at toe T u c k e r -KosenwaId School who were teaching high s c h o o l s u b j e c t s , c o r r e c t ' T h i s i s t r u e . Of those lour teacher?, one resigned,-- That's rights - - t h a t w a s a M r , B e l l . ' T h a t ' s r i g h t . That l e f t three. A Mrs. W il l is was transferred from the T u c k e r - K o s e n w a I d H i g h S c h o o l over to the Plum Bayou H i g h S c h o o l w h i c h w a s unitized, right? T h i s i s t r u e . Then that l e t t you and Mrs. Davis as high school teachers who remained at the Iueker-Rosenwald School which was then c o n v e r t e d into the Llementary school? T h a t ' s r i g h t , s i r . J i ; y o u e v e r t e l l Mr. Bra )shaw w h e n the Plum Bayou High S c c o o l w a s u n i t i z e d t h a t y o u wanted a position over at t h e h i g h s c h o o l ? . 4 r . B r a d s h a w w a 0 n o t Superintendent at that time. I s e e . ) o you Ceel that you should have been offered a p o s i t i o n o v e r t h e r e , t h e n ? No, n o t necessari ly . Lr. oti e r w o r d s , y o u r e a l l y h a v e n o complaint about not h'‘ L'g p u t > v e r at t h e i ' l u n B a v o u H i g h school a t that GLENN H PERRIN O f f i c i a l C o u r t R i p o r t i * F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 3 0 E' !w a r d s Kecross 210 2 I« ; 7 :! 8 10 11 12 13 14 15 16 17 18 19 20 21 I 0. 22 t i n e i I am n o t O’op f a c t o f - - I 1o t e s t i f y i n g tii. d e c i s i o n , a n d k n o w l e d g e i n : p e r s o n s w h o w e r e qual i f i ed i n such areas to teach in high school and that these key persons should have been considered when positions became available in the high school.. A l l r i ght , tnen, let me get this straight for mysel f , and t hope tor the Court. then, in other words, when the Plun Bayou High School was unitized, two teachers--or one teacher was taken over there, one teacher resigned, an. Leit two teachers at the Elementary School at KcsenwaId-Tucker, r ight" h i t . T h e n s o m e t h r e e years l a t e r i t was determined that the e l e m e n t a r y s c h o o l s w o o l ] h e unitized? T h i s i s t r u e . A n d w h a t d i r . Bradshaw did in order to try to come up w i t h t h e n u m b e r or w h i c h teachers he would have or 23 vjb.a t. l ea< her j he would retain, which teachers he would 24 n o t , tie took a l l o. the Rosenwald-Tucker teachers, which 1 # . ! I 1 J £ ‘ 'S i? ̂- •* • ’ 1 i t_ tent ar y ,-.ub j ec ts , |lII GLENN H PERRIN ji Official Court Rifoktu ll Federal Building a >ri n n a .n n -------- ---- ---------------------**E / / 2 1 1 1 , A. Uh-huh. 2 a — and a l l of the Plum Bayou Elementary teachers and put 3 them in a group to evaluate them? 'j 4 A. This is true. 5jj a Now, do you have any objections against that? 6 A- Yes. Edwards - Recross THE COURT: W ell, he has gone over that, Mr. S ta rlin g , I don’ t know why, unless you have something you want to bring out that hasn 't been. MR. STARLING: W ell, Your H onor,-- THE COURT: You have been over i t yo u rse lf, th is is twice, now; Mr. Kaplan has been over MR. STARLING: Your Honor, I guess the only thing I am trying to bring out—we w i l l certa in ly stipu late that In the evaluation Mr. Bradshaw did not evaluate the high school teachers, he simply evaluated the Plum Bayou Elementary teachers and the Tucleer-RosenwaId Elementary teachers. We did not even consider evaluating any of the teachers, both white or black, with the high school teachers. THE COURT: There is no issue here about i t . 24 MR. STARLING: Then I am sorry I have taken the 25 Court's time, I thought there was an issue in that. GLENN H PERRIN ■__i O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g 7Ll Edwards - Redirect i— i That's a l l , then, Your Honor, THE COURT: Stand asIda. MR. KAFLAN: Just one quick question, Your Honor, REDIRECT EXAMIMATIflM 6 BY MR. KAPLAN: 7 a Mrs. W il l is did not go over to the high school, she went over to Plum Bayou— le f t her high school position to go to an elementary position , i s n 't that correct? This is true. THE COURT: You nay stand aside . (Witness excused.) 8 ! 9 10 A. 13 14 15 16 17 18 19 20 21 j| 72 '! 23 24 25 THE COURT: We w i l l have a recess at this tine fo r a few minutes. (Whereupon, at 4:01 p.n., a short recess is taken; thereupon, at 4:22 p .m ., the parties present as heretofore, the fo llow ing further proceedings are had, to -w lt : ) THE COURT: C a ll your next w itness. MR. KAPLAN: Mr. Asive Th< GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g r i HADirv/N 2 1 2 A. Thomas - D iract ASIYE THOMAS ca lled as a witness on behalf o f the p la in t i f f s , being f i r s t duly sworn, t e s t i f ie d as fo llow s: BY MR, KAPLAN: ft T e ll us your name, p lease, and your address, A Aslve Thomas, 616 North Magnolia, Pine B lu f f , ft Mr. Thomas, what la your present occupation? A Teacher-Coach in the Wabbeseka School D is t r ic t , Wabbeseka Arkansas. ft Mr. Thomas, t e l l us something about whore you received your education and your I n i t i a l teaching experience. A Arkansas AM6H C ollege, Pino B lu f f , I received a B.S. My f i r s t teaching experience was in the Tucker-ftoaenwald School at Tucker, Arkansas, as a substitute teacher fo r the semester o f— fo r the la s t semester o f 1967 on a blanket contract I t was. ft Now, that was fo r the la s t semester o f school year ’66-*67, is that correct? A True. R ight. ft And that ended in June o f *67? A That's r ig h t . ft And when did you receive your c e rt if ic a t io n from the State of Arkansas Department o f Education? A i t was sometime during the la t te r part o f August of DIRECT EXAMDUTIOM GLENN H PERRIN O f f i c i a l Court Reporter F e d e r a l B u i l d i n g EL Dorado . A r k an sa s y n a a A. Thomas - D irect 214 2 Q, 3 A 1 ;l 5 P 8 il 7 8 a 9 10 11 !j A 12 0 13 I 14 * 15 a 16 A 17 1 ft 18 1 A 19 20 <X 2i ; 22 A 23 24 25 1967 I received ay c e r t if ic a t io n in Physical Education. And what did that allow yea to teach under ce rt ifica tio n ? I was allowed to teach la the area o f Physical Education, with my minor being In General Science mid Socia l Studies, I was ab le to teach a t lea st two c lasses of each without any hearing from the State Depertmmt In Socia l Studies and General Science. Now, where did you teach a fte r your in i t i a l teaching experience? I take I t that Is while you were s t i l l In school, Is that correct? True. Your f i r s t f u l l year In education as a teacher, where were you employed? At the Tucker-Roseoweld School in Tucker, Arkansas. And that was fo r *67-*68 school year? True. What did you teach at that time? I was teaching Health, Science, Socia l Studies, P.E. I think that was a l l . Do you r e c a l l how many c lasses of each you were teach ing? V e i l , at f i r s t I was teaching— 1 think— we had a seven- day period, i was teaching a l l day fo r seven hours u n t il they got a teacher aide In there before long and she l i f t e d me of one c la s s , one Socia l Studies c la ss , _i— GLENN H PERRIN O f f i c i a l C o u r t r b »ortcr F k d c r a l B u i l d i n g EL Don a no aoeam eae 7 7 a II 215 end I had s ix , so I was o f f fo r one period that year a fte r th is aide came an, but I was teaching seven periods. A. Thomas - D irect 4 a Do y**1 what subjects you were teaching in those 11 5 j! seven periods? 6: *■ Yes, i t was Socia l Studias along with General Science and Health and Physical Education, which was a 8 combination o f the two. 9 1 a 10 11 I A j 13 jj A 14 a|| 15 A | 10 17 1 18 10 20 a 21 A 22 a I 23 24 A “ i i a ii W ell, were you teaching more than one hour o f Socia l Science? Yes. How many? Oh, I think i t was about— I be lieve two. And bow many Science courses were you teaching? Oh, about two. what was happening, I think, two hours F ifth -S ix th Grade, I b e lieve , 1 am not fo r su re, but i t was two o f Socia l Studies, two Science, I think, and Health would cone in , I think, on the o f f days with Science, I think, something lik e that. A l l r ig h t . Did you teach that entire year, Mr. Thearns? Yes, I d id . During the course o f that year, did Mr. Sradshew an appearance in your classroom? Yes, he did . How many times? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g Cl * ____________ i jT 2 1 6 i A. A 2 3 a 6 jj 7 li 8 9 I 10 || 11 !I 1 12 !l 13 14 15 16 jj 17 |! a A. 18 :|| a 19 20 A. 21 I !i Oh, I would say— I can re c a l l r igh t now maybe two or three, but I can re c a ll two. Approximately what duration, how long were these sessions when he came into your class? W ell, I remember the f i r s t time i t was not too long. Then he came in again when I was fin ish ing up a Health c la s s , he came in an the fin ish in g up of a Health c la ss , and he ashed me— he brought the Geography book and asked me "When do you teach th is? " I said the next period. He said "Okay". So the next period he came back in and got in the beck of the room, I think, end he s i t for awhile and le f t out. And th a t 's a l l 1 can r e c a l l , the la s t time I can r e c a l l him coming in my c la s s . I When you say "a good w hile" that he sat there, are you talk ing about 20 minutes, 30 minutes? Yes, he s i t about that long, I think. And when you said he ju st sat there a short time the f i r s t time— W ell, what happened the f i r s t time he came in , actually he came through and d idn 't stay anytime hardly, ju st a l i t t l e w h ile, then moved on out. A l l r igh t . Did you ever discuss any evaluations with Mr. Bradshaw of your teaching cap ab ilit ie s? I No, not r igh t then, but at the end of the school year, GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g ^ I PI Hno i nn A pi/ * _________________________# ■ ..a Thomas - D irect 217 now, he came in end told ate that since I wee not certifie<i in Socle l Studies that ay contract would not be renewed, and I asked a question “What about Physical Education?* since I was c e r t if ie d there. He sa id , w e ll, they was going to discontinue lik e they had done, I A. Thomas - D irect think, in the past and they would not have i t in the curriculum the coming year, so a fte r he sa id that I went along with i t because i f he d id n 't have i t , I could not teach i t i f I was not accepted on the Socia l Science contract, so I went along with i t for awhile u n til the u 12 13 14 15 16 17 18 19 20 21 22 A. 23 Q 24 A community somewhat wanted Physical Education, so this is when I applied fo r some help, wanted someone to help me as fa r as getting a position i f i t was p oss ib le . Who did you go to fo r help? The A .T .A . I wrote Mr. Patterson o f the A .T .A . at that time and asked him for any aid he could give me in coming back there or even find ing a job anyplace because I needed employment, I had a fam ily, and he came down. A ll r igh t. Now, at the time that Mr. Bradshaw spoke to you about being weak in Social Studies, had you already spoken to, or did you subsequent to that** Now, be never- - I am norry, go Ahead. He never did t e l l me I was weak in that. * a What did he say? GLENN H PERRIN !1 O f f i c i a l C o u r t R e p o r t e r O't2 Lj F e d e r a l B u i l d i n g Th - D iract Nothing. Ha d id n 't » * I can 't reaaaber h ia saying any* thing about ha would not— sinca I was not c a r t if ia d in that, I think, that ha would not ranow ay contract. This is what ha to ld na. I see. Did you aver have a convaraatian with Nr. Edwards— Yes. — about Socia l Studies — Yes. - -o r more hours? Yes. And when did that taka place? W ell, ac tu a lly , Mr. Edwards s i t la ay c lass severa l times, I think. In fa c t , eur doors ware adjacent, neighboring doors there, he s i t in ay c la ss severa l times, and ha mentioned--we11, the way i t happened, I asked Mr. Edwards whan was we going to receive our new contracts, th is is the way I asked h ia , I w i l l mover forget i t . He sa id , "W ell, I don 't knew fa r sure i f a l l o f the teachers w i l l receive one", lik e that. 1 sa id , "W e ll, who is going to t e l l as 1 am fire d ? ", lik e that, somewhat jok ing . W e ll, he d i f e ’ t come out stra igh t and t e l l ae, a^d I sa id , "Mr. Edwards, I want to know", and th a t 's when he to ld ae Mr. Bradshaw sa id I was weak, incompetent, or semething in that nature, o f GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s t i t . ii ii !| i A. Thomas - D iract 219 Socia l Studlas, so I would not fears a camtract, aad ha to ld a s , 1 think, to construct a la t t s r asking tha Board i f I was w il l in g to go to school ta upgrsds th is waak- noss, so they say, th is incompetence, to ra in sta ts na for another yaar. 1 don 't know what happened, a Did you w rits a la ttsr? A Well, Mr. Edwards did th is , I think, ha typod i t and sent i t to tha Board, bacausa th is is h is raesnnandatisn that i f I would do th is , and X was w il l in g to da i t i f thay would g lva na sons type— a Did you actu a lly e n ro ll in any in stitu tion? A Oh, yas, I want—what was happening, I was needing soon hours in education to be completely c e r t i f ie d as fa r as deficiency on education, and I picked up a l l my education being ab le to teach two c lasses o f Socia l Studias and two o f General Science. This g iro ms a double minor with a c e r t if ic a t io n in Physical Education that I was q u a lif ie d to teach anywhere and teach two subjects in any graded school, i t doesn 't matter, w ith out a hearing from tha State Department, a And when did you do that? Was i t a fte r the school year? A Mo, sir—w a ll , yes, a fte r tha school year of *67-'6B, yes, sir. & And at what in stitu tion did you do this? A Arkansas AMSD, Pine B lu f f . GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n r a r t i t i o A - D irect 2 JL 3 a 4 A 5i: a * A 7:' a 8 9 A 10 !l 11 13 I 14 ![i I 16 j j|: 19 a 20 A 21 ; 22 Q, 23 ' 24 a A And did you accomplish that taak r ig h t that next a Y « « , a i r , I d id . And you conpleted your dutiea , than? Yea, a i r , I d id . Or your requ lranents, then? Yea, a i r . A l l r ig h t . A fter you were not reh ired , were you ab le to get another poaition? W ell, Mr. Kaplan, I went everywhere, I cheeked the neighboring d la t r le ta and everywhere, but before that I aaked fo r a le t te r o f recaanaadatlan thinking that would be aona help. Mr. Edwarda gave ne one, I c a lled out to Mr. Bradshaw to get one, and he to ld ne he would tine out o f hia d a lly occupation and gat ne one, but 1 never d id , try ing to seek help that way to find enploynent, but I never did receive anything fran b in . So f in a l ly I got a job in Brinkley •Marianna High School in Brinkley, Arkansas. Did that requ ire coanutlng fo r you? Yea, i t d id . I went through a tough taak, because at that tine sty kid was very s ick , ay w ife was— How far was i t fro a your hone, air? 83 miles one way, 166 a lia s round t r ip . Did you have to drive that? 2 2 0 Yea, a i r , and what was tough, I was coaching a basketba ll GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 i n n t I 2 2 1 2 3 4 a 5 1 8 9 10 12 13 , 15 ! I |i 18 || Q, 19 A. j| 20 i Q , 21 j| A. ‘12 Q. 23 A. 24 (X “ I A. team up there, and a fte r the gaae I would have to drive hone, before I get hone i t was sunrise, time to go back again , because the kid was s ick . How much had you made in sa lary your la s t year la the Plum Bayou D istr ic t? Actually , I made, I think i t was $4,300.00, but the way that came about, they d id n 't pay me a l l o f ay money during the f i r s t semester I worked there, because 1 was working on a day-by-day base, and at the end o f the school year they d id n 't pay me a l l o f my money. Then 1 counted up with Nr. H a ll, who was Acting P rin c ip a l, and 1 found out they was s t i l l owing ms about $75.00, and they d id n 't want to pay me, but in ta lk ing and communicating with the County Supervisor, I was ab le to get this added on the $4,300.00 contract the next year. I see. Now, how much did you make at Brinkley? Now, l e t 's not consider what other expenses you may have had Incident to your employment. Basic contract, i t was $5,650.00. A l l r ig h t . And how long did you teach in Brinkley? One year. What did you teach there, what subjects? General Science and Physical Education. Did you a lso coach there? Yes, s i r , I was coaching. Head Basketball, Assistant Thomas - D irect GLENN H PERRIN O f f i c i a l C o u r t R i p o r t i r F e d e r a l . B u i l d i n g EL D o r a d o A r k a w r a r t i t r b 2 2 2 A. Thomas - D irect 1 !| Football Coach, junior high court:*, and Haad Baskatball, 2 senior high courts. 3 a 4 A. 5 j! a o A. 7ii a 8 JL 9 ii a 10 KJ 11 1 jj a 12 13 1 I A 14 ft 15 A 16 17 18 ! 1 19 20 0 . 21 ; A 22 a 23 A 24 a 25 Now, that took cara of school y e a r -- •68~'69. — '68-'69? Yas, s i r . Now, where wore you in '69-'70? Wabbeseka. A l l r ig h t . And are you a lso there this year? Yes, I aut beck now. A l l r ig h t . Your base sa la ry , including coach ing duties, in 1968— 1 am so rry— '69-• 70 at Wabbeseka was how much? Coach and pay? Coach and pay. Coach and pay in the Wabbeseka School D is t r ic t that year the black coach did not receive any pay for coaching, that year was hired in there fo r classroom teacher, and you coached on your own time and work i t out the way you see f i t . Well, what did you make that year? Oh, $5,000.00* $5,000.00? Yes, air. A ll r ig h t . Now, at any time since the school year 1967-'68. has any o f f i c i a l of the Plum Bayou-Tucker Gl ENN H PERRIN O f f i c i a l C o u r t R c f o r t c r Fe o t R A L B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 m 5 7 O'A. oneSchool D is t r ic t , that i s , e ither Superintendent members of Board of D irectors, asked you et e l l about your requ irin g--you r acquiring any add itional hours to be able to teach a l l of the subjects necessary in their A. Thorn** - D irect A. a curriculum? Since the dism issal? Yes. A a a a A Ho, sir. Or p rio r to the dism issal? Wo on* remark* that came up when severa l o f the parents end the concerned people eround the community was very upset when they heard that I had been terminated. Several representatives went out and talked to ifr. Bradshaw and I th in k --d ire c t , I got th is one from tbe— d irect from one of the representative# that he aay a fte r I asked fo r th is help end Mr. Pattersen came in end talked, he would not have me hack under no circumstances then. Mr. Thomas, in your capacity as tha coech in another d is t r ic t the next school year, ,6 8 -,69, did you angage in competitive sports with Plum Bayou? No, d id n 't , i t was a long ways o f f and most superintendencs would not le t a bus go as much as 80 a lia s for baskatba ll because most schools has e basketba ll in the neighboring area, but in fo o tb a ll they GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o , A r k a n s a s 7 1 7 3 0 I ' i o A. Thomas - Direct 1 ! i 224 2 ! 4 ; Q. » ' A. would le t us go as much as 50 a l io s , so wo was 83 a lio s away, some 90 a lio s , I guess, from Plua Bayou, so we could not— ccd I did not try to play then. Did you knew whether or not the next year they did engage— Oh, yes, 1 ca lled several of the basketba ll gnaws, I think about two o f the basketba ll games in Kagland. 8 ! 0 1 And who was the Coach? 9 i A. Mr. McConnell. 10 a A r e you q u a lif ie d to b e a basketba ll coach? 11 J L F u lly . 12 a Have you, indeed, coached basketba ll fo r any 13 J L Yes, I was lucky enough or bleaaed enough to 14 State Championship la Junior Beys la s t year 15 Vabbeseka. 16 m . KAFLAM: That's a l l . 17 18 19 BY m . STARLIHG: 20 i a Mr. Thoaas, 1 shew you a mm m 21 i A Sir? 2 2 a 1 as going to show you a traaac rlp t h e re ,— 1 AO A A ll r ig h t . 24 ji a — and ask you i f you can id en tify that? j 25 i J L Yes, th a t 's u lna. GLENN H PERRIN O m c u L C o u r t r e t o u t i k F u d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 1 7 3 0 225A. ThoMs - Cross i j Q. That your transcript? 2 1! A Yes. 3 4 5 !i 6 7 i| 8 9 I 10 11 12 i 13 14 15 ij jj 18 Jj Q, i 17 ! 19 i| ii 20 i| jl 21 !| & 'I24 a MR, STARLING: I w i l l ask Mr, Kaplan I f ha has any ohjaction, MR, KAPLAN: Arc you introducing it? MR. STARLING: Uh-huh. M l. KAPLAN: Hub-uh. >•., STARLING: Mark th is for id en t ific a t io n , p lease, ma'am. I mould lik e to introduce i t in evidence, Your Honor. THE COURT: Without objection i t w i l l bo received. MR, KAPLAN: What is the number? MR. STARLING: No. 3. Mr. Thomas, on your tran scrip t, which is Introduced as Defendants' Exhibit No. 3, i t states that your major is Community Recreation and underneath that i t has "Nan- Teaching". Uh-huh. What does that Man? W ell, that should Man ju st what i t says u n t il you have actu a lly been c e r t if ie d by the State Department, you cannot teach i t u n t il you got your c e r t if ic a t io n . And i t says your minor is "Coaching"? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n b a , t i t . 2m ^ 2 2 6 A. Thomas - Cross j L - ------------------------------- ------------------------ H *. J 3 8 9 10 a 14 15 ! 16 i| 19 2! J 24 25 Actually , tha minor wiild ha, If count tha hours, I hava about 16— 18 in General Sclanca, about 18 in Socia l Studies, not a c e r t if ic a t io n but a minor in those f ie ld s . Why does your transcript only say a minor in "Coaching"? I f you check tha records of tha o f f ic e , they put i t on there, that is a l l i t i s , a matter of not on there, but i t ' s on there as far as the requirements i f you want to count the hours. What does— perhaps maybe you bettor explain to me, 1 an confused, what is major in "Community Recreation, Non-Teaching" mean? Actually Just what i t say. See, th is is the way i t goes, in any f ie ld you have "Teaching" and "Mon-Teaching". According to coaching, d irect coaching, educational hours are lim ited , meaning maybe my hours wore somewhat short and I had enough q u a lif ic a t io n to fin ish and get a B.S. Degree and I could s ta rt teaching, so th is is one reason my education hours was very lim ited , but I could coach and teach P.E. and work on my defic iency , which was education. A l l r ig h t . Now, when you say work on your defic iency , what you are actu a lly ta lk ing about working on is coming up with a degree? No, I have a B.S. Degree. :i GLENN H PERRIN O f f i c i a l C o u r t R i p o r t u F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 3 0 227A. 1 ’ ' ! ^ 2 3 4 A 5 6 7 8 1 1 9 , a 10 11 1 A 12 13 a 14 15! 16 17 A 18 | 19 a 20 A 2! 22 23 24 25 ii a 'I A ll r ig h t . Then, what you « r a ta lk ing about is coming up with c e rt if ic a t io n in education which allows you to teach PeE» and coaching? No, 1 can teach two of Socia l Studies without s hearing back on any school d is t r ic t , two of General Science without any hearing, and a l l o f the P.E. courses that the curriculum in the State w i l l a llow any person to teach. How long can you teach th is two hours of Socia l Studies without a ce rtifica tio n ? According to Mrs. Case. I got th is c le a r , she says as long as 1 want to as long as I am not teaching over two. When you were hired at Tuckar-Rosenvald by the Pirns Bayou School D is tr ic t to teach at Tucker-EossowsId School, you were hired as a Socia l Studies teacher, correct? Thomas - Cross W ell, I was teaching— what year you mean, when I f i r s t came on, what contract? When you were h ired , in 1966-'67. Oh, actua lly I was teaching everything, Math, English, you ju st name i t , everything am the blanket c e r t i f ic a te , everything. I had Math, English , Seventh and Eighth Grade English , Seventh and Eighth Grade Math. I don 't know where that came from. Were you a lso hired to teach Socia l Studies? GLENN H PERRIN O e ; * * c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 t 7 * o A. Thomas - Cross 2 2 8 2 1; a 3 A. 4 |i 5 li b 7 j Q, 8 A. 9 10 11 i! 12 'I 13 II ft | A. ' ft 14 15 10 17 |j i! 18 X. I! 19 20 21 || 22 ft 2S A- 24 25 I don 't know that was In that p articu lar position . Did you teach Socia l Studies? Let me see, * « * Social Studies in that? I t could have been, but I can remember my English course so often , and my Math courses, I was teaching a f u l l load o f a seven-day period, could have been a Socia l Studies. You don 't know whether you taught Social Studies? Let me see, 1 can 't remember whether i t was Social Studies that year or not, but I know one th ing, I was teaching two English , Eighth and Seventh Orade Math, cou ldn 't have been over one or two Socia l Studies, i f any. Do you remember haw many hours of Socia l Studies you taught the year o f - - No, I don 't. A l l r ig h t . Thank you. Were you hired as a P0E. instructor at the Tucker-Rosenwald School? W ell, I cam through Mr. Anderson, at that tine he was l iv in g , I was r e a l ly rep lacing Mr. Keith, I be lieve was his name, or Heath, or something, and I took his position , so I don 't know what was an h i s - - Did they hav« an organised P.E.? W ell, 1 worked hard to get organised P.E. program out there. Did they have one when you were hired? GLENN H PERRIN O f f i c i a l C o u k t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7t7»o I 'h n m a* N o . I h o y h o d h t i t f t . H I I ( N o t * . I d « * « ’ ( k t i M M w h a t 1 1 ot£***i*<*d t , t , \jx juot at tttcttstt txoMfk did you allow then gaaMs, et cetera? W all, a c tu a lly , at P.E. tine we had an hour, I think, out together, so I worked hard showing thaw gases, yes. Were you hired as a coach at the Tucker-Rosenwald School? W ell, a c tu a lly ,— no, I don’ t know, I can 't even r e c a l l the blanket c e r t i f ic a te , I t d id n 't have such things as that on I t , because I was not c e r t i f ie d , i t d id n 't hove "coach" on there, and 1 r e a l ly replaced th is nan, I can 't resenber a l l o f the courses he was teaching, but P.E. was Involved. Organised P.E.? W ell, i t should have been, but i t was not. In other words, was there a period set a s id e -* Yes, i t was. - -c a lle d Physical Education? Yes, i t was. Are you sure of that? Yes, s i r . Under oath, are you sure of that? i i i where a l l c lasses fron Five through Eight I think was GLENN H PERRIN O f f i c i a l C o u r t R t p o m i i B u i l d i n g EL D o r a d o A r k a n s a i 7 i 7 s o A. ThoMs - Cross 230 i A 2 4 a 6 ' A. 7'! a s-; a 9i| a 10 A 11 j * 12 i! A 13 14 15 16 17 18 1 9 ;j 20 1 21 !| A 2 5 ? ! ' Q, i j ±3 A 24 Q, . Let me see. I t 's beer s long t l s s e tw*t I mm not positive on i t now a l l the way, bat I did work an that la s t period. I was oat there with then. What organised a th le tic a c t iv it ie s did they have at the Tucker-koscmwald School? When I f i r s t got there? Uh-huh. Organised? (Hods heed a ffirm ativ e ly ) Nothing, r e a l ly . So you r e a l ly wasn 't a coach, were you? W ell, that is what they was h irin g fo r . they needed a coach, and the m , as I sa id , that was working was not c e r t i f i e d , did not have the q u a lif ic a t io n , I w i l l pat i t th is way, neyhe he was c e r t i f ie d , did net have the q u a lif ic a t io n to construct a com petitive, a r e e l Physical Education program. Mr. Thomas, in the year 196b-'67, when you were hired by the School D is t r ic t , did the Tucker-EoeemwaId School have organized competitive a th letics? Organised, no. Then there was no need fo r a coach, la that correct? V e il , i t should have been. V e i l , I am not asking you whet i t should have been, I an asking you was there a need fo r it? GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 I7 SO A. A 2 !! 0. Th - Cross 3 5 j| A II 7 si a 9 li A 10 ii II 12 !! 13 14 15 IS 17 18 W ell, the need fo r It, according to— In other words, did they have organised competitive sp o rts , ®id If they did not, them they don 't need e coach, is that correct? I w i l l say th is , in going there, I played games. It was not actu a lly play games, I got teams, I hooked schools, I tra v e lle d , and played competitive sports. Did you do th is on your own? W ell, ac tu a lly , through the a id of the P rin c ipa l there we did th is and we worked hard. I asked him ahewt this and he was very concerned about i t . In other words, these were not competitive games put up by the D is t r ic t or anything, ju s t something that yen wanted to do? W ell, a c tu a lly , I d id n 't have any po licy book an the D is t r ic t , a l l I had was a blanket contract, and r e a lly I d idn 't get that, because I don 't know what happened to that a fte r going back try ing to look i t up. The 231 19 Princ ipa l at that time, I think, was 1 * . H a ll, and he 20 worked hard, he wanted the program, but lik e I sa id , the | 2! I man did net construct one. i 72 ! a Okay, ro we had no competitive a th le tic s a t that time? — *> i JL Teat, we played teams, we played schools. 1 24 1 a Were you paid as a coach? 25 A No, a c tu a lly ,— long story behind i t , whom I was f i r s t GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 1 7 1 0 hired out there the P rinc ipa l to ld ssj ha was going to pay me one thing and the Superintendent came down and said he was going to pay me $10.00 a day. I say, -No, a i r , - I say, “with my education", I say, " I would go somewhere e lse and get a much better jo b " . So Mr* Anderson say, "W ell, I am not supposed to do th is , but what I do with most o f my blanket teachers get $10.00 a day, I w i l l pay you $15.00 ju s t to stay here to work-, so 1 d id . 10 ji Q. Were you paid as coaching and fo r coaching at the 11 Tucker-RosenwaId School? 12ji *• W ell, ac tu a lly , I d id n 't have a contract proving what I A. Thomas - Cross 13 14 15 16 17 18 a A. 19 a | 20 j 21 A. ' Q, jl l| 24 25 A. was doing, being paid for* What team did you coach? What team did I coach? I coached the jun ior high team at Tucker-Rosanwald. We played s o ft b a l l , which i t was a spring sport, we had a track setup, we run track, so I coached the jun ior high school* Were these teams set up by the School D is t r ic t , was th is part of their program? W ell, I did not see any po licy book, I don’ t know what they had in their po licy book* Oka*. At the rime you taught Socia l Studies 1966-1967, were you c e r t if ie d in the area o f Socia l Studies? Now, you say *66-'67, now, I may have been teaching as GLENN H PERRIN O f f ic ia l C o u r t R ep o r t er F e d e r a l B u il d in g EL Do rado . A rkansas tissj !| 4 , a ii 51! K ii c j i Q 7 l| A. •I o 10 11 12 13 14 15 16 17 18 19 20 21 r? JL a K a 24 25 . Thomas - Cross ona class ta ' M “ '67, 11 have bean such ®ore* I w a * not because I had not received ay degree until that voeear. So the amswar is , you were not cartifiad? Eight. Than you ware rehired tha yaar 1967-‘68? W all, i t was a hard matter tha way I was reh lred . W ell, le t ne ask you th is , wara yaw c a r t if ia d in Socia l Studies whan you ware hired in tha school yaar 1967-'68? S i r , 1 said I was not c e r t if ie d but I haws a ainor there meaning I can teach two courses. As long as you have a minor in various f ie ld s you can teach two courses in that f ie ld without a hearing from tha State Department back to the D is t r ic t . This is free the C ertifica tio n O ffic e , Mrs. Casa. Let no ju s t get you to answer ny question. Were you c e r t if ie d in the f ie ld o f Socia l S tu d ies ,— I say no. -1967- *68? No, s i r . Are you c e r t if ie d in the f ie ld o f Socia l Studies now? I Could X*»no, I an not. Fin*; that s a l l I wanted. Who was your counterpart as a Socia l Studies teacher and a P.E. teacher in the Plum Bayou High School in tha yaar 1967-'68? GLENN H PERRIN Of f i c i a l C o u r t R e p o r t * * F e d e r a l B u ild in g EL Do rad o A r k a n i a i 7 i7 >o I a . i n s - cross 234 41| a 5 j A. 6 7 ;i 8! a ii 12 Q, 13 14 17 18 19 20 21 a 22 i A. 23 ;l a 24 25 Truth fu lly speaking, that is something— that is something I don 't know. I was not fam ilia r with the s t a f f out there, but — I don 't know. Do you r e c a l l whether his n w i was Nr. Hunter Douglas? Like I say, I don 't knew. 1 never did knew those people out there. Conmuaicatian was not tee g reat, so I d id n 't know. Do you knew whether or net a Nr. Hunter Douglas was released at the saws tine you were? No, 1 d id n 't , a l l I knew is that 1 was re leased . That's a l l 1 know, that I was re leaaed , I never did knew. Do they have--d o you know whether or not they have a P .E . , Just a P.E. course, and they h ire a teacher to instruct that course at the P lus Bayou High School in the year 1967-'68? 1967-'68? A ctua lly , 1 have— I don 't knew about P .E ., but they have a person who was teaching P.K. and Socia l Studies, we cosnMnlcate good together, Mr. McConnell and me were working in the system together, yes, he taught various P.E . courses and Socia l Studies. He taught Socia l Studies and P.E.? Right. ! Then, in other words, you are saying that they dsn 't Just have a P .E . course that a teacher can teach and that is a l l at the Plum Bayou High School? GLENN H. PERRIN Of f i c i a l C o u n t R epo r t er F e d e r a l B u il d in g e l Do r a d o . A r k a n sa s 7i7so I 235A. Thoau - Cross ij A True. 2 ft A l l r ig h t . 3 A But this is the exception here-* 4 ft No. that is e l l I wonted. 5lj a A l l r ig h t . I! 6 ft Do you know whether Mr. McConnell, who was hired in the year ’68 -'69 , to teach Socia l Studies and P . I , , at the 8 Plus Bayou High School, was c e r t if ie d in the area of 9 i Socia l Studies? 10 A. 11 ft 12 A 13 ft 14 | A 15 ft Do I knar it? Yes. Yes. He was c e rt ified ? Uh-huh. Do you know whether he was c e r t if ie d to teach P.E.? 16 17 A ft A ft 20 A 18 19 21 22 Q 23 A. 24 25 I Uh-huh. He was? Yes. Do you know what happened to Mr. McConnell? Yes, s i r , ho cane down to Wabbeseka and I was temporarily terminated down there. Why were you terminated down there? W e ll> they said T it le 1 money had played out, or something, I don 't know. Did you bring a su it fo r that, tee? GLENN H PERRIN O f f ic ia l C o u r t R epo r ter F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 t7 »o — 1 2 i X 4 i 5 | 6 7 8 9 10 11 12 13 14 13 ie 17 Cress 236 JL A* a J L Yes, m are c think that prebleo is « m with* I short w h ile , 2 « M re instated as tho 6th o f through tho consideration o f tho Beard who Is r o s l good togothor i s VSbbeeeha moo. Do you know, o f to r Hr. McConnell lo f t , McConnell's p lace os tho Soc ia l Studies cod P . I a t tho Pina Bayoo High School? Yes, I know, because l to ld tho yoong one to go ho had a pooslb la chameo to got that Job, r a c ia l b lack down there I know ha should hove chance to got that jo b , i s — Was ha a black non? Yeah, ho was a b lack ana, 1 know him, 1 to ld him i t . • l fo r a o f the a good a 1 take i t that the Plan Bayou Blgh School d id n 't h ire him, did they? A. W e ll, they wouldn 't have h ired b in because they d id n 't know anything about him i f I hadn 't to ld b ln . a Did they h ire hin? jl Oh, yeah, they h ired b in , without any c e r t if ic a t io n , a Lot no ask you sonathlng a ls o . You stated in your testi****/ that In 1967-'6S while you wore working at Plun Bayou— X noon— excuse no— a t Tucker-*■ a sane Id School, your base sa la ry was $6,300.00, right?__________ G LENN H. PE K ftlN Of f ic ia l Co u nt m o r a f ib k n a l S u il m n s EL Do kado . A r k an sa s t it s o m 11 2; 3 4 i 5 S 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 A. Thauss - Cross A Right. a Moo, you varo 1st go , sc your contrast wos oot rsnswod s t tho and o f tho *47-*A4 yasr, i s thst tw o? A Trus. a Than you to s t lf lo 4 thst in 1 H I sod 1949 school yssr you oant to k&nkloy? A R ight. a And thst your s s ls ry thors oos $5,454.00? A Trus. a Why did you lssoa Rrlnkloy? A V o l l , I t o l l you, uhsn you hs*s o t e l l y , oaucsrasd shout your fo u lly , sny parson w i l l sssspt slooo to hsns I f tho position boss— s v s l ls b ls , so ths position 4 U St Wshhossks sad X dooido X would Oooopt s out in psy to eous clooo to ny fo u lly , so uhlsh o sp ls las i t o o l f . a F ins. Hsu, you a ls o to s t if io d thst in tho school yosc 1949*1970 you uses saployod s t hsh h issh i, is thst eorrset? A *69-*70, r ig h t . a And what uss youat s s ls ry thsro , $5,400.00? A Right. a Are you saployod s t WShhosohs s t th is tins? A TOO , 1 OA'ri* a And sro you p lussing an hoing saployod thsro A Oh, yos, «o sro war king good. SLBNN H. PBM tlN O m ciAL Count u n unti F n n M . I u iu m n . EL Do n a do . A nkannan t itn o i 234; & S o , in o th e r w o rd s , s in c e ye a vest** t e r m n a t e d i n 1967-*68, At the and o f that school year, what you have dene the oast two school yoaro is have your pay increased some— f i r s t t ic s , $1,600.00— w e ll, excuse aa— about $1,300.00, and the second tiaae, you s t i l l had a pay i increase o f $700.00, right? A E ight. Q. Kay I ask you whet your damages are? a M r . S ta rlin g , I have su ffered hum iliation and various | things 1 have gone through these years, the pay would I I not— the money did not value ao much as I have goao ! through, i t ' s the only place 1 could find a Job. See, I tr ied everywhere, app lications everywhere, hut I was unable to find employment, and every men baa got to find a job . O Do you want your Job back at Plum Bayou Sigh School? A No, s i r , I d on 't . No, a i r , not under the circumstances now. a Teaching at Habbeseka, are you touching Socia l Studies? k. A ctua lly , I was booked to teach two Socia l Studies courses, but since Mrs. Sanders, the— she was terminated also, she has a major in Socia l Studies, I think they worked her in thoee c lasses and 1 work in tha Science and Physical Education and Coach, a Are you teaching Socia l Studiaa thoro now? GLENN H PERRIN O f f ic ia l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r a d o . A r k a n g a e 7 1 7 * 0 A. Thauas - Cross 236A« Thcmm - Cross A No, nut now. ft Were you at the start in g of th is school year? A Lot ne sea, s ta rt o f the school y e a r ,— ft That is in September. A No, I vas teaching Science, ft Were you teaching Socia l Studies in the school year '69-'70? A '69**70? No, Science. We had plenty o f zsejors there, I was q u a lif ie d to . ft Since 1966*'67 and 1967-*66 whan you were re leased fre a the P lus Bayou School D is t r ic t , have you received any** have you worked on your c e r t if ic a t io n fear Socia l Studias or Ganoral Science? a No, because I have an aaount I can teach two subjects and that is a plenty in that miner f ie ld , ft In other words, you are Just going to continue— A W ell, that depend®, th is p ro fessional teaching is so , I don 't knew, I don 't knew, s i r , ft Have you gone to school in the senator tine? A Oh, yes, Tes, 1 lik e education and socio logy, I havo taken socio logy, yes, 1 havo. ft In reference to Genoral Science and Socia l Studias end c e rt if ic a t io n fo r those two sub jects, where did you go to school in the suneertine end whet courses have you taken in reference to your c e r t if ic a t io n fo r thoee two GLENN H PERRIN O f f ic ia l . C o u r t R epo rter F e d e r a l Bu il d in g EL Do r a d o . A r k a n s a s 7 i 7 »o A. Thosiag - Cross subjects'/ 2*0 2 A 3 10 Well, the courses I needed to certify, according to Mre. Case, was European History, and the last two >u w s r » it was not offered in a nina«woek course so 1 could not take It unless I stop working and go during the first seaester or second semester, so 1 was not able— unfortunately I an not able to do that, not at the present tine. STARLIKG: That's all, Your Honor* R S P m C T BXASQnATIQM 12 13 14 l| 16 17 i! 19 20 22 BY K£. KAPLAN: a There has boon considerable discussion , Jfir. Thowas, about what subjects you can and cannot Coach. Mew, a fte r your tenure with the P lus Bayou School D is t r ic t , you te s t i f ie d that in that aw a re o f 1963 you went to Arkansas AM6M and took some add itional courses, is that correct? A Yes, s i r . & Hew, those courses, what did they enable you to teach with f u l l c e r t if ic a t io n so that the D is t r ic t would not be penalised in any way for your touching those subjects? A That omanor would enable ns to got tay defic iency in education to teach any Physical Education, north Central *A" rated , or what have you, along with two courses in GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d eral B u il d in g EL Do r a d o . A r k a n s a s r t 7*o 241 A. 1 2 ij a 3 A 4 Q. 5 |[ 6 i! ;l II 7 | A 8 0 9 A 10 I a 11 A 12 a 13 14 A 15 16 a 17 I A 18 1 'J 19 & 20 A 21 O 22 28 'I A j! 24 O 25 I S o c i a l S c ie n c e i ttd ox Q m ttS c < L «s iic < t# So that I f you wore to teach la eay d is t r ic t — True. •irtso iM r it *a your d is t r ic t aos oc whether It wo® PXaa Bayou, that very east ter® you could have taught toe Science courses, — True, — tv® Socia l Studios courses,— True. — and ss meay ?.s. courses as yew needed? Right. r ®S*fd te the §5,600.00 you aeda a t Brink ley, Did i t cost you any nancy te trave l there? W ell, l drove fo r 16 weeks, 83 ©11©© ora© way, 166 a lio s , I thlalt, fro® oy hose, 166 a lio s a day. Mo® fa r was I t fro a your hesso to the P lus Bsyou D istr ic t? W ell, I haven 't exactly chocked I t , X haven’t gone Chet way too aaich, I would say 20 to 25 a l i a s , aayke. Between 20 and 25? One w«y, I b e lie v e , yes. A H r ig h t . How fa r is I t fro© your hcesc to the Wabbeseka School D istrict? (Hi, 1 be lieve i t ' s about 13 or 19 a l le s . And would the distance between Plan Bayou your house bo ©ppreaclaately the sans, aaybo ju s t & l i t t l e b it G LENN H PERRIN O f f i c i a l C o u r t R ep o r t er F ed er al. B u il d in g EL Do r a d o . A r k a n s a s 7 17 3 0 Tfccs&A® - Redirect A. || 2 ! A. a a 5 j j A . «!! ft 7 i 81! A. 10 111 12 13 j| ft 14 | 15 T s k o s i & & - Redirect laager? Wabbeceke end Plum Bayou? TIm distance between year hence and Plwn Bayou and yots houo® Webbeseka. I be lieve Habbesoka is a l i t t l e c lo se r , l b e lie v e , nee. A l l s igh t* Did you hove any other ospoosos In ccnneetlsn with your teaching la Brinkley? Oh, gee, I t o l l you what happened, I was wanting to atay up there, but, lik e I aay, the rent waa so high, the place I rented waa about $95*00 a aanth, and, lik e X say, 7 was l iv in g there and ay fam ily down here, oo r e a l ly I cou ldn 't nako I t that way* A l l r igh t* Did you liv e there fo r awhile? Tea, X tr ied liv in g there fo r about— X think I t was about two or three weeks. 242 16 ft Okay. 17 II A. 19 20 ft 22 23 || A. 24 > ft But the main Issue was when the baby had taken sick , and, Ilk a I say, the w ife bed to work a ls o , and X had to coae back and try to give her cone a id , toe. Are the courses that you took in the summer oo t-M f Defendants' Exhibit Mo. 3, that la , tha summer of 196S? Do they appear on there? | Oh, no, th is la the year that I received th is when I got ay B .S. A l l r ig h t . The date of tren acrlp t, September 22, 1967. GLENN H. PERRIN O f f ic ia l C o u n t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 717*0 A* Thomas - Redirect 243 2 i A 3 4 5 ! 6 1 A. !i 7 j 8 9 A 10 0 11 A 12 ' 13 | 14 BY 15 O 16 A 17 O 18 A 19 1 j 20 i 1 21 22 a ! 23 | A 24, a 25 A 1 When w a s that? W sll, th is u u 6 have boon vbost) X g u sn ( X btou^ic i t out to the P rin c ip a l, X guess, and guess th is is the date Ue had to have th is . You had ju st received your— W ell, I received «y c e rt if ic a t io n before tbea, because I was c e r t i f ie d in August. A l l r ig h t . But the extra courses that you took ,— They are not there. — they do not eppecr here? No, s i r , they ere not there. Ml. KAPLAN: F ine. That's a l l . Your sa lary a t Vabheseka s t i l l the seas? No, s i r , i t has gone up. What is it? X think he gave as the Coach's r a is e , X think he was making $570.00, $77.00 more, so they made the adjus on that as the 4th of January, i t baa gone up, s i x t y three, X b e lie v e . $6,300.00? Yes, a i r , $6,300.00, I think i t i s , new. That’ s only since the 4th o f January o f th is year? Yes, that i s when I was re instated to go back, se they GLENN H PERRIN O f f ic ia l C o u n t R epo rter F e d eral B u il d in g EL Do r a d o . A r k a n s a s 717*0 2.99 A. Tfaoaas - Court l' did, yes, sir. 2 Q, Were you teaching at 3 1970-•/!? A Yes, sir. 3 ji aJj I n was it then? 6 Aif It was $5,800.00. 7 l| THE COURT: 8i have seam i 9 ! MR, KAPLAN: (Si 10 jlll 11 , 112 ! THE COURT: 13 14 15 16 17 18 Id 20 21 22 2„ 24 25 o questions? (VltaMi excused,) or would you p re fer to w ait u n t il tomorrow? i® . KAPIAH: At tho Court's p leasure, but 1 would prefer to wait u n t il to— row i f a t a l l p oss ib le . Your Honor, THE COURT: Very w e ll , then* Hew many sacs witnesses do you have? MR. KAPLAN: Your Honor, I feev© three more w itnesses, one fa i r ly b r ie f and two approximately the same time as Mr. Thomas, about 30 or 40 minutes long. THE COURT: Do you knew how stay witnesses you are going to hove, Mr. Sterling? STARLING: Your Honor, 1 em going to hove about GLENN H PERRIN O f f i c i a l C o u r t Rapoftmt F e d e r a l B u il d in g E L Do r ad o A r k a n s a s 7 i t »o $ t o 4 245 thrae or four. i*ire Bradsnew, of course, wxii be She lengthiest, which will coke appr exists tely an hour end a half, the rest of thesa will be about 20 minutes apiece« THE OOORT: We w i l l be in recess u n til tomorrow morning at 9:30. (Whereupon, at 5:00 p.m ., February 8, 1971, a recess is taken u n til 9:30 a .m ., February 9, 1971.) GLENN H PERRIN O f f ic ia l C o u r t R e p o r t s* F e d e r a l B u ild in g E L Do r a d o , a r k a n s a * 7 17 3 0 Evans - Direct 2^« Now, at 9:26 a.rn*, on chit 9th day of February, 1971, the parties present as heretofore, the following proceedings are had, to-wit: THE COURT: You nay proceed, gentlemen. MR. KAPLAN: Mrs. Evans: 9 I LUCREAS1A EVANS. 10l called as a witness on behalf of the plaintiffs, being first 11 duly sworn, testified as follows: 121 DIRECT EXAMINATION 13 1 4 ji 15 i| 16 BY MR. KAPLAN: O Tell us your full name and address, please. A I an Lucroasia Alexander Evans of Tucker, Arkansas. Q> Mrs. Evans, what is your present occupation? 17 | 18 A a 19 20 A 21 a 22 A 23 a 24 25 A Remedial teacher in the Plum Bayou-Tucker District. How long have you been employed by that District, Mrs. Evans? , IITwenty-eight years. Save you been a classroom teacher all during that time? Yes, I have. And hoe Aong have you had certification as a claseroea teacher? 1 have had certification as a classroom teacher the time __________________________________ _ I GLENN H PERRIN O f f ic ia l C o u r t R epo r ter F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 1 7 3 0 Evans - D i r e c t i|| of my teacher log— teaching. 21 0. For all 28 years? 3 A. Yes. i j 4 & What grades have you taught during that period of cists? 51 A Fourth through the Sixth Grades. 6 1! a 7 ij 8 j A. 9 a 10 ] A. 111 a 12 13 A. 14 a 15i A 16 1 a 17 : A 18 19 20 21 And as a Remedial Reading instructor, what grades are i you responsible for? Reading only. In what grades? Well, Fourth through the Sixth Grades. When you were a claserooa teacher, did you also teach in those grades? Yes, I did. When were you nedo a Roaedial Reading Instructor? The tarn of 1966 end '67a I!How did that coaa about? II I was asked by the Superintendont, Mr. Anderson, and the Principal, Jean C. Edwards, at that tisas to work in this capacity, because at that time we did not have cnyeoe that would— that they thought or felt like would ba able to handle the job, because it wea quite a bit of ♦ paperwork to be done with it and orientation for the job. 24 j i ai j 25 ij Did you ever receive eny spec ia l tra in ing fo r that position? GLENN H PERRIN O f f i c i a l C o u r t Reroute* F e d e r a l B u ild in g EL Do r ad o A r k a n s a s 7 17 * 0 243 i . Evans - Direct A 2 3 Q, A. a Nothing but the required subjects chat were leading up to my degree in elementary education. Where did you receive your degree? I think I overlooked that. Arkansas AMfiti C o llege , Pine B lu f f , Arkansas. Since the time that you have assumed your duties as a Remedial Reading in stru c tress , have you asked fo r any spec ia l training? 9 A Yes, I have. 10 l! a And whom did you consult with or ask? 11 ! A I asked the Superintendent, Mr. James K. Bradshaw. 12 a 1 On more than one occasion or ju s t one occasion? 13 *• Yes, I d id . 14 i ft How many times? 15 A Oh, I asked him about three times. 1 16 a When was the la s t such time? 17 j A I asked him the year that we u n ified , the la s t time was 18 when we went in to u n ifica tion of the schools • 19 a A l l r ig h t . Have you had the— a l l of the supplies that 1 20 you were supposed to have during your course at the 2 ! Tucke\- School before you mowed over? I 22 A No, I d id n 't . ' 23 a What were you lacking? 1 24 |j A I lacked qu ite a few machines, lik e aud io -v isua l 25 j machines, and some books fo r Reading, the workbooks. ! OLENN H PERRIN Of f i c i a l C o u r t R v o m m F e d e r a l B u il d in g EL Do r a d o . A r k a w a i 7 17 * 0 & Evans - D irect 249 (2 Are you familiar with the Economy cext? A Yes, I am, a Did you always have enough o f thoee? A Ho, at the time when we startod In the prograa, 1 d id n 't . Q Were a l l of the teachors equipped with Economy textbooks? A 1 understand that they were. a But you don 't have any personal knowledge of that? A Ho, 1 don 't. a 1 see. Mrs. Evans, did you ever serve as Health Coordinator at the Tucker-Roeeawald School? A Yea, I d id . a Hew long? A The whole time 1 was at Tucker School, a What vere your duties and re sp o n s ib ilit ie s as Health Coordinator? A Testing fo r eyos and fo r hearing and carrying the children to the hoalth c lin ic s which was located in Pine B lu f f , Arkansas, for shots and heaping the f i le s on their health records. a Did you do that a l l during the course e f your tenure at the Roseuwald School? A Yes, I d id . G Right up to the very le e t year? A Yes. a Did you ever receive any payment at a l l fo r that? GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n r a e 7 179 0 Evans - D irect Ml■| A. 2 a 3 4 A li 5 j| a 6 7 8 ! A. 9 a 10 A. 11 a 12 13 A. 14 ! 15 a 16 A. 17 a 18 A 19 a 20 & 21 ! a 22 A. 23 a 24 25 j 1 2i>0 No, I didn’t. Did you ever--were you ever consulted or asked to be the HeeLth Coordinator once un ification took place? No, I was not coked. A l l r ig h t . Were you aware o f anyone e lse while you were s t i l l at the Tucker School, were you aware o f anyone e lse who served in the capacity of Health Coordinator? Yes. Who was that individual? Mrs. Robbie Keith. How were you oede aware of her capacity as Health Coordinator? Through contacts with the nurse f ro * the Pine Q lu ff c l in ic s - - A l l r ig h t . I — and P rin c ip a l— 1 am sorry . — and the P rin c ipa l of our school. And who was Mr. Edwards? Jean C. Edwards. Did Mrs. Keith ever c o m over to the Roseawald School? I never did see her there. i During tne cine that you served as Health Coordinator at the Rosonwald School, did you take car© o f a l l ot the health a c t iv it ie s et that school? GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 i 7 *o Evans - Direct: 251 i|1 i1l 2 3 4 5 6 7 8 9 10 13 14 !5i:I 16 |i 17 || 19 20 21 22 23 24 25 A Yes, I d id . Q. Did that Include anything having to do with T it le I? A. W ell, yes, i t d id . & And what aspects o f T it le I did i t deal with or whet way? & I was told by the Superintendent that g lasses could be secured a fte r so long and maybe dental work, and, of course, I went to work to have them tested fo r that. 1 ran tne machines and tasted the ch ildren , but there was no fo llow -up as fa r as I knew. ft W e ll ,— iI A- Several received g lasses but not a l l that needed them. ft Now, did you carry children to doctors, to d en tists , and to eye doctors? I A. 1 carried them to the Health C lin ic over here, but 1 never carried one to a den tist. ft I see . But that Health C lin ic is in Pine S lu ff? A- Yes , i t is . ft I see. And did you ever receive any compensation at a l l fo r that? A No, I d id n 't . ft Were you ever to ld in any way that you were under consideration or that there was a Health Coordinator paid job availab le? A No, I wasn't to ld that one was being paid for but there GLENN H PERRIN O f f ic ia l C o u r t R epo rter F ederal. B u ild in g EL Do r a d o . A r k a n s a s 7 17 3 0 252Evans - D irect | 1 2 a 3 A. 4 a 5 6 A. 7 8 ft 9 10 11 1 A. 12 ' ft 13 A. 14 IS ft 16 A. l17 i18 a 19 20 A 21 22 23 ft 24 25 !__ A. was one serving in the capacity— A l l r igh t . --b y the school. In your capacity as Health Coordinator, did you maintain a l l of the records for a l l o f the ch ildren , also? Yes, I d id . They were kept in the f i l e a t the Tucker- Rosenwald School. In the course o f keeping those records, wee i t over necessary for you to consult with anyone in the adm inistration of the Plum Bayou-Tucker School D istrict? Yes, i t was. With whom? W ell, i t was necessary— should have been necessary, I would nave consulted with the Superintendent. W ell, did you? No, I d id n 't have any conversation with hits about i t at a l l . Did you keep those records—were they ava ila b le to anyone who wanted to inspect them? They were av a ila b le to anyone that might want to see them. They were kept in the f i l e cabinet in the P r in c ip a l 's O ffic e . Was th is a program that you institu ted on your am or was i t actu a lly part of the echoel program? It was a part of the school program. GLENN H PERRIN O f f ic ia l C o u r t R epo r t er F e d e r al B u il d in g EL Do r a d o A r k a n s a s 7 t7so Evans - D irect i a 2 jl 3 4 A 5 Ii j i f t 6 |j A 7 8 ft 9 1 A 10 ft 11 A 12 ft 13 14 A 15 a 10 A 17 1 I a 18 A 19 20 1 21 j a ! 22 A ii 23 ft 24 25- — - A A ll r ig h t . Mr*. Evans, were you present during any neeting* or workshops at which un ification was discussed with the Rooonwald teachers by the Superintendent? Ye*, I was. Tell u* when that we*. It was March, the year before we un ified with Plus* Bayou School. So that would have been March, 1969? March, *68-*69 tern, yea. A l l r ig h t . So i t wa* March o f the *68-'69— Ye*. --sch oo l tern , that would have node i t March o f 1969, is that correct? Right. A l l r ig h t . Where did the meeting take place? It tcok place in the Reading Roon, ny roon, classroom. Who wss there? A l l of the facu lty . In fa c t , i t had been a workshop conducted by Mr*. Armenia Kidd, and a fte r the workshop was ove r-- Did the workshop have anything to do with un ification? No, i t d id n 't . A l l r ig h t . T e ll us what happened a fte r the workshop, then. A fter the workshop, Mr. Edwerds asked fo r comments from GLENN H PERRIN Of f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n g a e 7 17 * 0 254 1 the Superintendent, and th at 's when we were to ld that 2 the school would be noved to P lus Bayou end that a l l 3 "N igger" teachers would not be used car carried over 4 !i there. 5 ii & Was that the word that was used? li j 6 A. Yes, i t was. 7 | MR. STARLING: Your Honor,— & | a Who used it? 9 A. Superintendent, Mr. Bradshaw. I 10 MR. STARLING: — the witness said "we were to ld " . 11 Did Mr. Bradshaw t e l l her or sons of the teachers 12 ̂ c o ll her? I f 1 nay, I would lik e to have i t 13 | c la r i f ie d as to who to ld or who said that. 14 j THE COURT: She said Superintendent— 15 THE WITNESS: Yes. 16 THE COURT: --and the Superintendent is Mr. 17 li Bradshaw. j 18 ;| MR. STARLING: A l l r ig h t , I an so rry , I d idn 't hear Evans - D irect 19 20 j 2! jj 22 24 25 her say "Superintendent". Q> Anything e lse said during the course o f that aaeting by Mr. Bradshaw about un ification? A. At that nesting, no, because when that statesMnt was nade a l l teachers becaan very upset with bin c a llin g j then "Nigger teachers* and the nesting ju s t broke up, and the teachers refused to go back to work. They would GLENN H PERRIN O f f ic ia l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 i 7 so 5 10 11 12 I 13 14 | 15 | 18 I 1 7 1: 18 l| 19 20 I I t 21 |j 22 1 i t 23 24 25 coae to work but they ware not coaching the ch ildren . So I t was ca lled to tty attention— a Who ca lled i t to your attention? a. The facu lty , a l l o f the teachers except the P rinc ipa l was not aware, he knew nothing was happening, because every nam ing each teacher would cone to ay claesreen and the discussion would s t a r t . So I sa id , "We a ren 't doing anything but hurting our students not teaching". They sa id , "W e ll, we w i l l not go back to work because we are not s a t is f ie d with h la c a llin g us ' l i g g e r s '" , and at that tin s I consulted the P rinc ipa l fo r a conference with Mr. Bradshaw because he hadn't been back in about two weeks, and he agreed fo r one, and f in a lly he cane over, and I went into the o f f ic e and we talked fo r about an hour and a h a l f , I guess. a What was said at that tine? A. And I asked h la then*-1 to ld h la the grievances that the teachers had. He wanted to know why, and 1 to ld h la i t was on teachers ' grievances, and 1 to ld h la why, because of the word that he used was "H iggor*. Q. Uh-huh. A. So i t went on as fa r as th is point, I asked h la oven about the c r it e r ia would he have in se lection o f h is teachers. I a lso asked h la at that tine would sen io rity have anything to do with teachers being retained , and GLENN H PERRIN Of f ic ia l Co u rt R p o r m F sdkral Bu ild in g EL Do rad o . A rk an sa s 7*7*0 Evan* - Dir e c t 256Evans - D irect 6 I) 7 I 8 10 11 12 13 14 15 16 17 18 19 20 21 ii JL 2 2 il a 22 !| A. 24 |j 25 he sa id , "No“ . I sa id , "W eil, what acout T it la I money, I am on T it la !?• And ha sa id , "W all, i f T it le I oeacy goes o f f , you might jv e t not have a Job". So natu ra lly I wee concerned, I noadad a Job, And I sa id th is , "W all, I would lik e to know why, i f my work hasn 't boon dona w a ll enough to be retained , what could I do?" And I * * ld » "Nr, Anderson made th is promise to me, that I could go back to the classroom ", which was the Sixth Grade, and I gave my Sixth Grade work up fo r Mrs, A rtie Davis. With my supervision , ha agreed to h ire her on a substitute basis the f i r s t year she was there because she was not c e r t i f ie d , and, o f course, 1 did go in and supervise her roam and carry on the work o f testing the whole school the re s t o f the year. Now, getting back to your conversation with Mr, Bradshaw— So, back to Mr, Bradshaw, he says i f N r. Anderson did not put i t in paper, i t was not any good. Did you ta lk about the re s t o f the teachers with him and what would happen to the root of the black teachers? Yes, 1 d id . ( And what was sa id by you and what was sa id by him? He said that he would not nood a l l of the black teachers— a l l of the "Nigger teachers". Did he say i t again? GLENN H PERRIN O f f ic ia l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 it s o Evan# - D irect A. 8 10 11 1 A. a A. 12 13 14 a A. 15 16 17 l| llI 18 19 A. a 20 21 | 22 23 24 25 a A. Yes, repeated, and h#*Muyd4 iu*i d id n 't caste wxuh the r o i l , but he did say "S igner• aa p la in as 1 could say i t . But he said naybe ho did a a is tsk s whoir we had the conference and ho said the word "n igge r", but he d id n 't say r o l l , he wasn 't used to saying that, he cou ldn 't say I t , what did wo wish to bo c a lle d . Did you have any other nestings with h ia a fte r the meeting in Mr. Jean C. Edwards' o ffice? Yes, on one occasion. Where was that? In Mr. Edwards' o f f ic e when he was about to say what teachers would be retained and what would not be. How did that nesting cone about? Haw were you present? He ca lled us in one by one. He would c a l l one in and then t e l l that one to t e l l the next one to cone In . And at that tine were you to ld that you would be retained? Yes , I was • A l l r ig h t . How, were you present at another meeting that was a public nesting where Mr. Bradshaw and perhaps some of the School Board members were present? I was present at the very f i r s t nesting that the parents asked to cone over. Where did that nesting take place? At the Plum Bayou School In the L ib rary . GLENN H PERRIN O f f ic ia l . C o u n t R epo r t er F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 17 3 0 3 ^ 3 t 25 1 & Was that in the Wrigat comunj.iy? 2 A. Yes, in the Wright coaeamity. 3 C. All right. And who was present? 4 A It was around 50 parents there end all teachers fre© 51! Tucker School. e 0 How about officials of the School District? 7 A They were present. 8 i 0 All members of the School Board? 91| A Yes. 0 Was Mr, Bradshaw present? A Yes, he was. O Was there any conversation at that ties about— specific* ally about retention of black teachers once unification was achieved? A Yes, It was. Q> Tell u« what was said then. A One of the patrons, Enoch Tony, Enoch Tony, asked the question what would become of cur students— of our teachers, and he said, *1 will not fixe a white teacher for a 'Nigger' teacher & Was that Kru Bradshaw again? A Yea. 0- All r igh t. A And it was about to get into a— I naan the meeting woo getting in a high pitch seeaingly, there were 50 people GLENN H PERRIN O f f ic ia l C o u r t R epo rter F ed e r al B u il d in g E l Do rad o A r k a n s a s 7 1 7 3 0 Evans - Diracc Evans - D irect 259 or more present in the Negro race , an*, o f course, Sir. Tony gestured, he got up, he stood up on his fe e t , and he said, "Hold it. Did you say ’Nigger’?* And, of course, tha neeting was quickly brought to a close. I did not attend the last nesting that the parents west over. a I see, A. No teachers, as far as I know, attended. a mvo you ever bean told by— since Mr. Bradshaw took over as Superintendent, that if Title I funds were unavailab le , that you would be replaced ea the Minimus Foundation salary schedule? A. No, I haven't. ! £> Was the first you heard of it yesterday? A. Yes, that was ay first tine of hearing it. ft Since unification, have you ever been consulted or asked about the Health Coordinator position? A. No, I haven't. Q. Have you served as the Health Coordinator cr any way j performed any of those duties since unification? A. No, 1 haven ■t >&. KAPLAN: That's s l l GLENN H PERRIN Of f i c i a l C o u r t R epo rter F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 17 * 0 Evans - Cross 260 CROSS SXAMljfcUTIOfr BY MR. STARLING: a M rs. Evans, while you w ere at the Tucker-Rooeos&ld School and say you were acting as Health Coordinator, who assigned you to that job? 6 A. The P rinc ipa l and the Super in tendent <> 7 a Who was the P rinc ipa l and Superintendent? 8 A. Mr. Jean C. Edwards was there, I served under him, I 9 served under four P rin c ipa ls , namely, Mr. C. 1Si. G arrett, 10 deceased ,-- 11 a i Let me ask you th is , I can save--what Superintendent 12 assigned you to the job of Health Coordinator at the 13 Tucker-Rosenwald School? 14 i A. Mr. Charles E lk ins. j 15 a And when was that? 1 16 A. Oh, I don 't remember the year he was there, I can 't 17 remember that righ t now, I don 't r e c a l l . 18 a How many years was it before Mr. Bradshaw can»? 19 A. Hew many years before? ■ 20 a Uh-huh. 21 A. Then Mr. E lk in s ' tenure, which was before Mr. Bradshaw 22 and Mr. Anderson. 23 a How many years would you say before Mr. Bradshaw? 24 A. O h, l guasa 15 or 20 years. | 25 a That you w ere-- GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 i7 »o 2b; Evans - Cross 2 j a 3 A. 4 a 5 |j A . 6 7 || ft| 8 | A.| 9 ft 10 A. n j 12 'I 13 f t 17 I ft ujj A. 1 9 ' I 20 ! f t j 21 j| I 22 A. j 23 | ft 24 A. I served la thac capacity. But you ware not paid fo r i t , right? I have never received one peony fo r i t . Did yea ever ask Nr, Elkins o r— Yes, I have. I t was In the po licy that any extra duty that a teacher performed, they would be paid fo r . Did you ever ask Mr. Bradshaw? For money fo r— Yes. --H ealth Coordinator? I had no need to ask bin whoa I w asn 't— I w asn 't assigned i t by Mr. Bradshaw, He knew that I was doing i t . Hew do you know that he knew? He knew because he would cane over cad t e l l ae to rxa the te s ts . The machine was brought over by the nurse fron the Health Department, Mow, you t e l l as that you maintained— And the nan fron the State Department, I don 't reom bar his name now, cane down to help. While Mr. Bradshaw was Superintendent, you never asked him for money fo r being Health Coordinator, correct? I never asked Mr. Bradshaw? Right. No, but the po licy book says th is , that any extra duties that the teachers perform, they w i l l be paid fo r GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 i7 s o 1 2 6 2Evans - Cross I — - 1 it. Was chat extra duty? 2 a W ell, what I am asking you, how did Mr, Bradshaw know 3 that you ware Health Coordinator i f ha d idn ’ t assign you 4 that job and you never asked bin to pay fo r it? 5 |j a. Because I had the f i le s to keep, I signed the records 6 that was sent over. 7 1 a I be lieve you te s t i f ie d that you m inteined records, is 8 that not correct? ,| 9 | A. l beg your pardon? ! 10 d 1 be lieve you te s t i f ie d that you maintained records? 11 j A. I d id . 12 a 13 14 IS A. i f l j 17 a 19 20 !| 22 I A. 11 2 3 1 a 24 25 A. But 1 a lso be lieve you te o t lf le d that you never did consult with Mr, Bradshaw shout these records, is that correct? They were there in the f i l e in the P r in c ip a l 's O ffic e . Did you ever consult with Vs. Bradshaw about the records? In what way? I W ell, you indicated that i t was your--that the records were there end you should consult with the Superintend- ! ent but you never did consult with Mr, Bredahaw. I didn’ t have any chsncs to do i t . What no you mean? I d idn ’t havs the opportunity to ask bin to look at the f i l e s because he knew what was lacking over et GLENN H PERRIN O f f ic ia l C o u r t R sro rtkr F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 i7S o 26: Evans - Croat 2 3 4 ij a 19 : j I 20 .| £ 21 ij JL 22 I Q, |i23 A. 24 Q 25 Tuckar-Rotenwala School. I felt like he had che knowledge to know, because he said g lasses could be bought through T it le I . W ell, Mrs. Evans, the only thing I on concerned about, is i f Mr. Bradshaw had no way o f knowing, since you did net consult hin about the records, you newer asked h ie that you be paid, and he did not assign you t*v* job of Health Coordinator, the only thing that is concerning ae , how did he know that you were Health Coordinator? Is there a w ritten po licy in the D is t r ic t or was there sons piece of paper that you signed waking you Health Coordinator? I signed the f i l e s of a l l records of the health c e rt if ic a te s or whatever you eight c a l l thaw— Did you ever show— — for the children at Tucker-Rosanwald School. Whoever a report had to go into the State Departaunt or T it le I , I fixed i t and signed i t and gave i t to the Superintend ent with ay nawe signed an i t . What did you sign your nawe as? Lucreasla A. Evans. Health Coordinator? Yes, I d id . Have you got any o f those records with your snd Health Coordinator on then? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 Evans - Cross 1 ; A. They are in the file cabinet. I didn't keep any of the 2 f i l e s that was brought over frost Tucker School. They 3 are in h is o f f ic e , I suppose. They were in the 4 P r in c ip a l 's O ffic e at the time, and I d id n 't keep them 5 I in my room. II <V d But you never consulted with Mr. Bradshaw— 7i| A. Ho. 1, I d id n 't have a f i l in g cabinet in my room at that 8 |j time. ■Iii 8 a But you never consulted with Mr. Bradshaw about the 0 l i records o r— did you ever show him any o f the records 11 12 ! 13 !| 14 !i a 19 Ii 20 \ 2i 11 a 22 |i23 24 | A. 25 JL that you sent to the State Health Department with your name on it? No, I d id n 't . Mrs. Svans, when the schools ware u n lt lsed , did you ask Mr. Bradshaw could you be compared with Mrs. Robbie Keith fo r the job as Health Coordinator? No, I d id n 't ask him that. The o ffe r was not M de. No Negro teacher holds any adadn lstratlve o ff ic e over at Plum Bayou. I wasn 't asked, but he knew that I was serving, and I f e l t l ik e — How did he know that you were serving in the o f f i c i a l capacity of Health Coordinator? Is i t not— is i t a T it le I job? I to ld you he knew it because the records that I kept and because o f the papers that had to be sent in to GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o L65 1!| 2 a Evans - Cross 3 A. 4 5i ft jl 6 7 i A. 8 ; a 10 n : A. | 121 Q. 13 14 15 A.16 1 7 ! i » j 19 ! i i 20! 21 i] & 22 ji A. 23 |l i i 24 T it le I . Is i t a T it le I job? I don 't know that i t 's a T it le I jo b . I would lik e to know. Do you know whether Mrs. Robbie Keith, who is the Health Coordinator, worked under T it le I funds? She's paid out of T it le I funds, I understand. Then why d id n 't you ever go to Mr. Bradshaw and say, "Mr. Bradshaw, Mrs. Keith is being paid out o f T it le I funds"? I was a fra id to ask him. Oh, I see. And when you--whcn the schools were un itized , you never asked Mr. Bradshaw could you be compared with Mrs. Keith fo r the job o f Health Coordinator? No, I d id n 't , because, as I sa id , I was a fra id to ask Mr. Bradshaw, because the statement was made in the f i r s t meeting we had in the workshop that h is o f f ic e would not be used to run in and out, s p e c if ic a lly fo r business only. W ell, do you consider that business? Yes, I would consider i t business, but i f you are not going to get the proper answer, you wouldn't want to be embarrassed. 25 a W ell, bow do you know you wouldn't have got the proper GLENN H PERRIN O f f i c i a l C o u r t Reporter A i F e d e r a l B u i l d i n g jL J r EL D o r a d o . A r k a n r a * 7i7*o Ji L^, | jj i 26< Evans - Cross Xij answer? 2 A W ell, beforehand, I hadn't* 3 a i When had ycuorer been in there beforehand? 4 A I have been in his o f f ic e once since the school was over 5 l there. 6 ! a 1 And at that one tine you d id n 't get the proper answer? 7 A I wasn 't talk ing concerning Health Coordinator. I wasn 't 8 talk ing as the Haalth Coordinator. 9 0i Lot dwj ask you th is , is there--you don 't hove a contract XO or anything that says--when you o r ig in a lly signed up IX with Mr. Elkins sene 20 years ago, did you sign a 1 12 | contract that said you were the T it le I Health 1 13 | Coordinator? 1i 14 A We d idn ’ t have T it le 1 in that school at that t in s . 15 a A l l r ig h t , le t ne aak you, did you— 16 A T it le I cone in tho D is tr ic t in '66 and '67. ! 17 a A l l r ig h t , when i t cams in the D is t r ic t in '66 end *67, 18 did you t e l l Mr, Breda hew, car Mr. Anderson et that tine 19 that you were Health Coordinator at Tucker-Eeaenwald, 20 and, therefore , oince T it le I was in and there was a 21 job fo r T it le I Health Coordinator, that you wanted that 22 job? 23 A. x have never been to ld — I have never seen any figu re s , 24 I have never bean on a committee, which I waa advised 25 , that I should have been on since I was working under G L E N N H P E R R I N O f f i c i a l C o u r t R e p o r t * * m F e d e r a l B u i l d i n g J E L D o r a d o . A r k a n s a s 7 i 7 s o Evan* - Cross 1 ;l a A. 5 . a A. a 10 11 12 13 14 15 i! 16 1 7 l i 18 19 20 A. a A. 21 22 24 25 chat title, from the State Department, that 1 should have bean considered** W ell, now,** — as one o f the people that would have coca thing to say about how the money would be spent,** W e ll ,— --bu t I was never— Just answer ay question, Mrs. Evens. Did you ever t o l l Mr. Anderson when T it le I cane into e ffe c t and Robbto Keith was the T it le I Health Coordinator, that you wanted a lso to com under T it le I? At that tine I did not know that Mrs. Keith was the Health Coordinator fo r P lus Bayou. Did Hr. Edwards— you t a l l cas that Mr. Edwards was one of tha ones that appointed you Health Coordinator at Tucker-ftosanwaId School. D idn 't he knew that T it le I funds ware av a ila b le fo r Health Coordinator? I f he knew i t , I d id n 't know i t , he d id n 't t a l l sas. Okay. And— He might have had the knowledge o f goat o f these that I d id n 't have, being tha P rin c ip a l. Since u n it la stio n , have you ever asked Mr. Bradshew could you be the Health Coordinator or coopered with Mrs. Keith? Jt^had in mind to ask him at one time, but I waa a fra id . GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n r a e 7 1 7 3 0 2 6 & Were you afraid he was going to h it you? A No, I wasn 't a fra id of a blow, no, a physical bios*, no, a Mrs. Evans, you were put on the T it le I p ay ro ll as a Remedial Reading teacher p rio r to Mr, Bradshaw coming, is that correct? A. Under Mr, Anderson, *66 and '67, January, a Whan he asked you— I be lieve you stated that Mr, Edwards and Mr. Anderson asked you to take that job? A. Yes. a Did you object a t that time? A W ell, yes, I d id . & What did Mr. Edwards say? A I sa id , "1 am not prepared, spec ia l s k i l l , fo r this program, why?" And we went along with the conversation in th is way, I asked Mr. Anderson in the presence of Mr, Edwards, " I f I am placed in th is position and you see that I cannot do the work, I cannot perform, w i l l you please le t me go back to the classroom?" And he sa id , "Yes", The answer was "Yes", d What did Mr. Edwards say at th is time? A What did Mr. Edwards say? d Uh-huh. A He was the one who was s it t in g in et the desk the morning that I arrived back from St. Louis, M issouri, and be sa id , " I was about to forge your nase", and £ G L E N N H P ER R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 * 7 3 0 Evans - Cross Evans - Cross 1 l l| 2 i| 3 0 i1 A e>: a « A 1 ! 7 ii 8 a i 9 ji‘j 10 A 11 a 12 i| !|!i1i 1 13 * “ j 15 1 Ii 16 17 I a " 1 A 19 20 i! j 21 a 22 ji Ii 23 A ii 24 a 25 A M td - U And n . . . i d h . . . . .bout to g .c these papers ready fo r T it le I money. Did Mr. Edwards — I was brought into the D is t r ic t ,— Did Mr. Edwards — -a n d at that time, I .a id , -W e ll, I haven't app lied , I did not sign the s l ip that you sent around". Then Mr. Edwards was the one that b a s ic a lly reconended you for the T it le I Job? Yes. Are you .ey ing that Mr. E d w rJ . d t .c r l . in a t .d « Se ln ,t you fo r doing that? No, I am not saying that he discrim inated against me for doing that, but at that t in s he wanted soaeone that could do the paperwork and do the te stin g , which I had a l i t t l e knowledge of doing. So you accepted the job? i Yes, I accepted i t , with th is understanding, that I would go back to tha classroom i f I d id n 't perform lik e a Remedial teacher should do. Were you s t i l l the T it le I teacher-now , what year was j this? ’66-'57 , January. Are you s t i l l the T it le I teacher? Yes, I am. GLENN H P E R R IN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o A r k a n s a s 717,0 a How much money do you make a* T id e I teacher chi* year? A. I got a ra is e o f $200.00. That was a blanket ra ise that the whole school got. Q How ouch is your salary? A. $6,200.00. O Is n ’t i t true that over the period o f tine that you have been the T it le I teacher that you have received a ra ise in excess in your basic sa lary frees the regu lar pay ro ll o f over $2,000.00? A. Yes, it is true, but I don’ t receive a stipend— I don’t receive a bonus as other teachers under the Minimal Foundation. 0 While you have been there, Mrs. Edwards— Mrs. Evans, excuse me,— A. Yes. tt --under the T it le I program, have you ever te ld Mr. Bradshaw that you wanted to get out from under the T it le I program? A. W ell, I to ld him I wanted to be— I wanted to go to school, get some more s k i l l s , which I thought I needed. O Wait a minute, now, I am going to get to that in ju s t e second. Have you ever to ld Mr. Bradshaw that you did not want to stay under the T it le I? A. No, I haven’t to ld him that I d idn ’t want to stay under GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 Evans - Cross 271 I t , no, I haven 't, a How does he know, then, that anything la wrong with you being under the T it le I program? | A. Because of conversation we have had. Ml. KAPLAN: Object, Tour Honor. MR.. STARLING: I w i l l withdraw the question, tt Do you know whether or not there are any white teachers under the T it le I program? . ; a Not as I know o f . I haven 't ever seen anything from I T it le I except ny check every month, a I f I asked you, between the years 1965 and 1970, whether you knew that there were fiv e white teachers under the T it le I program and three Negro teachers under the T it le I program, would you say that th a t 's a true fact? A w i l l you state that again , please? O Between the years 1965 and 1970, i f 1 gave you the figu res that there were fiv e white teachers under the i T it le I program, as you a re , with a contract having the same language, " i f funds are a v a ila b le " , and three Negro teachers, would you say that th a t 's a true fact? Ml. KAPLAN: Tour Honor, I am going to ob ject. The witness is not competent to answer the question. The Superintendent has already t e s t i f ie d to these fa c ts . THE COURT: W ell, i f she knows, she can OLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 1 7 3 0 Evans - Cross te s t i fy whether that is true os* not. I see nothing wrong about that. The Superintendent did te s t i fy that, but I think i t ' s appropriate Evans - Cross 4 5 !l 7 8 A. ®] a 10 11 ll AII 12 !l || 13 14 15 16 I | 17 j| 1*) 19 i a » | j A. 21 || 22 |j a jj 23 1 24 question. I f you know whether or not there have been these indiv iduals since 1965 on the prograa under T it le I . I f she don 't know, she can say so. Yes, I do know that they have been. How do you fe e l that their position is any d iffe ren t from your position? In what way, did you say? In the respect that you are a lle g in g that the D is tr ic t has discrim inated against you fo r placing you on the T it le I prograa and asking your tenure as a teacher subject to " i f funds are a v a ila b le * . As i t was stated yesterday, some of these programs were put into T it le I had to be pulled out. I uaders tend they were not to be under T it le I in the f i r s t p lace. W e ll,— I understand that T it le I money was supposed to be used for deprived children . i How was your position under the T it le I prograa any d iffe ren t frou the fiv e white teachers who are under the T it le I prograa? Pardon toe, say that again, p lease. — _ —— ——— ——— — —————— ———j- GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i t s o 273 Evans - Cross i, a 4 A. 7 l| Q, 8 A. 81 a 10 ii I A. 12 I Q, 13 14 15 16 17 18 19 20 21 !| 22 23 A. a A. a A. 24 & A.25 Why is your position under the T it le 2 program say more detrimental to you than the white teachers under the T it le I program? Because of the teaching load— the teaching that I have to do, and I wasn 't prepared, I wasn 't given any particu la r s k i l l s . Are any o f the— I Just had to taka the book that was given to me— Mrs. Evans, sra any spec ia l s k i l ls required to be a teacher under the T it le I program? I should think i t should be. No, not what you th ink ,— Yes, there e re . — is there? Have you been--has the government required you to take any sp sc ia l courses or sk ills? The government? Yes. No, they haven't required me to take any, but I went to the State Department of Education under Mrs. Case, 1 had an interview with Mrs. Case, and she said aa o f— and Mrs. Hubbard, which is over the Reading program, the State of Arkansas, that In due time teachers would have to be c e r t if ie d in Remedial Reading. "In due time”. When was "due time"? When is "due time"? Oh, less than two years. About two years. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 t 7 » o Evans - Cross i ! & 2 3 4 JL 5I| g 19 20 |j & 21 |j 22 :j 23 i 24 a W ell, in other words, r igh t now there are no spec ia l s k i l ls required under the T it le I program to he a teacher— W e ll ,— — other than an elementary or secondary ce rt ifica tio n ? W ell, I have that, I have my c e rt if ic a t io n fo r elementary education. Now, you say that— you stated that you asked Mr. Bradshaw, I take i t , to le t you go to school to get sons spec ia l tra in ing in th is area at the expense of tho D is t r ic t , is that correct? I asked fo r workshop or anything that I night get through a stipend even, not from the D is t r ic t 's neney altogether but ju s t stipend. Stipend from where? From anyplace. You understand what a stipend is? Yes, I do. Send peoples to school on a p articu lar s k i l l , and I understand they are a v a ila b le . Mr. Bradshaw to ld you that the D is tr ic t did not have a policy of defraying expenses fe r teachers to acquire extra s k i l ls , right? Yes. Mrs. Evans, do you know any teacher, white or black, who has ever been allowed to get add itional s k i l ls at GLENN H PERRIN F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 i 7 s o O f f i c i a l C o u r t R k f o r t k r Evans - Cross i|j the expense of the District by District runes? 2!l a. No, I d o n 't . 3 a 4 5 | A- I6 ij 7 i | Q . 8 A. 9,i a )i 10 jl A. 11 IIII j 12 i| 1 3 i i a 14II 15 16 17 18 10 20 A. a 21 i, A. 22 23 || Q. 24 25 W ell, then, why is i t that you are being d iacriainated against? I wanted a stipend, I ju s t asked fo r a stipend or attend a workshop that other teachers had attended— At the expense o f the D istrict? --and I was denied. At the expense of the D istrict? W ell, I am hoping that I wouldn't have been discrim inated aga in st, but I asked the question, a l l I could do was receive the answer, which was •No". Hr. Bradshaw answered you that the D is t r ic t had a policy that they would not defray expenses fo r teachers to get add itional s k i l l s , is that correct? Pardon me, say that once more. Is i t not true that Mr. Bradshaw told you when you him for expense money that in fact the D is tr ic t had a policy that they would not defray the expenses of a teacher to acquire add itional sk ills? He d id n 't quote that they d id n 't have a p o licy , he ju s t said they d id n 't have any money. Then, I ask you again, do you know of any teacher, white or b lack , that has ever had her expenses defrayed by the D istrict? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 Evans - Cross 276 1 A. No, I don’ t . My answer was “No*, 2 a A l l r ig h t . Now, at the meeting with the Tucker-Koeenwald 3 teachers where you a lle ge that Mr. Erodehow made the 4 statement before these teachers "No 'N igge rs ' w i l l be 5 i used when the schools are u n ified " — 6 A. He said not a l l o f the "N igger" teachers would be 7| needed, that is what 1 sa id . 8 i a A l l "N igger" teachers would not be needed, is that what 9 he said? 10 ■ I *• Yes. 11 MR, KAPLAN: No, Your Honor, that is not what the 12 witness sa id . The witness said "not a l l " . | 13 THE WITNESS: Not a l l . 1 14 a Not a l l o f the "N igger" teachers — 1 15 A. Right. 16 a —w i l l be used? 17 A. I said "not". 18 a And he said th is before a facu lty meeting? 19 K Faculty only, facu lty of Negro teachers. ■ 20 a Was Mr. Edwards in the room? 21 * : A. Yes, the P rinc ipa l was there, a l l teachers. l 22 a Mrs. Evans, Mr. Edwards, I b e lieve , t e s t i f ie d — le t me |i 23 ask you th is , are you sure th a t 's what he sa id , he 24 Ij used the word "Niggers"? 25 - A. I understood him to say "N igger", and one teacher, Dora | il Ij GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s t * 7 s o Thomas, called his nand co that, *£id you say 'Nigger'?" And th at 's why we stopped working. Evans - Cross 27/ 3 a 10 11 12 13 14 15 16 I A a 17 18 19 20 21 22 || X 23 a li 24 ij A. 25 Let me ask you th is , why do you reckon Mr. Edwards te s t if ie d that he said he would not le t out any of the white teachers to reta in any o f the black teachers? KAPLAN: Objection, Your Honor, he is asking this witness fo r a conclusion o f what another witness said and fo r an opinion. THE COURT: I think th a t 's r ig h t , Mr. S ta r lin g , j i t i s n 't her to speculate on why he said sonething. You can ask what was sa id and done. Let we ask i t th is way, Mro. Evans. Mr. Edwards— you i were present when Mr. Edwards t e s t i f ie d , is that correct? A ll facu lty neabars were present. Yesterday you were present when Mr. Edwards te stified? I thought you said the workshop. Yes, I was present yesterday. Mr. Edwards te s t i f ie d that Mr. Bradshaw stated that he was not going to le t out white teachers to re ta in black teachers. Now, did you hear Mr. Bradshaw cay that, too? At th is p articu lar neeting? Uh-huh. No, I d id n 't . Then, in other words, Mr. Bradshaw sa id , or at least you GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 276 allege chat he said either "hoc all 'Niggers* will be 2 used" — Evans - Cross 3 A. 4 a 5 6 ij 7 i j 8 I 10 11 12 13 14 15 16 17 18 19 A. a A. 20 ij a 21 jj 22 i| 23 24 25 Yes* That’ s what he sa id . Okay. Why do you rectum, Mrs. Evans, that Mr. Bradshaw— o r , io i t not true that Mr. Bradshaw, when the evaluation period f i r s t started or when th is natter o f un ification f i r s t cane up, Mr. Bradshaw recomnended that a l l teachers, black and white, be given an objective test which would be administered j by the National Testing Service and graded by the National Testing Service, is that not true? I State that once more, p lease. Is n 't i t true that when the problem of un ifica tion f i r s t arose, Mr. Bradshaw recommended that a l l teachers, both black and white, in the elementary schools would be i given an objective test which would be graded by National Testing Service and administered by National Testing Service? Yes, i t was stated. i And is n 't i t true that Mr. Bradshaw said that the ten highest grades would be retained and the fiv e lowest grades or f iv e lowest graded teachers would not be retained/ I did not hear the figu res ca lled as such, no. I did not hear any figu res . He said a l l teachers would take GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n e a e 717so Evans - Cross 2 7 9 2 I 0 3 4 A. 5 I| 6 7 ii 8 a 10 11 ij 12 1 13 14 15 16 17 18 A. 19 20 22 I 23 24 25 th is te st . Mr. Bradshaw had e a r l i e r co ld you that th e re were 15 teach ers and on ly 10 would be r e ta in e d , i s th a t co rrec t? He d id not quote any f ig u r e s o f how many teach ers would be r e ta in e d , he sa id he would not need " a l l 'N i g g e r ' te a c h e rs " , and I was in c luded in th at group because I worked a t the Rosenwald Sch oo l. My q u estio n i s , i f Mr. Bradohaw had g iven an o b je c t iv e w r it te n t e s t which had been ad sd n ia te red by a N a t io n a l T estin g S e rv ic e and graded by the same, then the h igh est number o f teach ers graded on th a t t e s t would have stayed and the low est number, w hatever th at number nay have been , would not have been r e t a in e d , then he r e a l l y c o u ld n 't have s a id th at "not a l l 'N ig g e r ' teach ers would have been u se d "; in o ther w ords, i t would have been p re t ty nuch determ ined by who scored what g ra d e , i s th at not co rrec t? I am not understand ing your q u e s t io n , now, I am s o r ry . MX0 KAPLAN: Your Honor, I th ink th at the qu estion poses an argum ent- - THE WITNESS: Uh-huh. MR. KAPLAN: - - t o the w itn ess and asks fo r a conclusion to an argum entative q u e s t io n , and I th ink i t ' s in p e rm ls s ib le . THE COURT: W e l l , I th ink both p a r t ie s GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 i 7 > o ______________________________________________________________________1_ understand wnat is intended. 0- Why was - - THE COURT: Mr. S t a r l in g , as the Court under- stands i t , is trying to ask her to explain i f determination is going to be aside froa th is tM t re fe rred to , why would such a statement have been made, and I think that would be a proper in terrogation . ft In other words,— I w i l l try to phrase i t as properly as the Court d id— in other words, i f th is ob jective test was going to be u t i liz e d and simply the highest grades would be retained and the lowest grades would not, what was the reason for th is type o f statement or what would be the need fo r th is type o f ntareswmt to be made? A- To the best o f ay knowledge, th is statement was oade a fte r the conference at Tucker-Rosenwald School. To the best of ay knowledge, i t was. We were informed afterwards. I don’ t r e c a l l . ft Now, you spoke about the Board meeting which was held sometime in March in which I be lieve Mr. Tony— A. Enoch Tony. ft — asked what would become o f our teachers when the schools were u n it iz e d ,- - A. Y es. ft --and you stated that Mr. Bradshaw said that he was not OLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n e a e 7 i7»o Evans - Cross il 1 ij going to f i r e any white teacher* for any “Nrgger 2 1 teachers"? 3 A Yes. 4 ft And was th is Board M atin g attended by the pub lic , both Evan* - Cro&s 5 l! A ft A 6 A I 7 8 N ft 10 11 I11 12 i| 13 14 15 16 17 II 18! a 19 20 jj A 21 j| Q . 22 i! A 23 Q, 241! A 25 ! white and black alike? There were no whites except the Board stMfcers, a l l Negroes, and the teachers frosi Tucker School, but no patrons from over at Wright coanunity. I f you think about that p articu lar Board neeting, Mrs. Evans, i s n 't i t true that the question Mr. Tony asked was would Mr. Bradshaw h ire any blacks to take the job of cooks or bus drivers? Beg your pardon? Is n 't that what Mr. Tony asked at that Board M ating? Not to my knowledge. He asked what would happen to the teachers at Tucker School i f they take the school. I f they took the school, what would happen to the teachers. And Mr. Bradshaw stated that he was not going to f i r e any white teacher fo r a "N igger" teacher? Yes. Was Mr. Edwards present at that— Yes, he was present. -•a t that M eting? Yes, he was. A l l o f the teachers at Tucker School were present. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a w a * 7 1 7 s o ij| a But Mr. Edwards didn’t testify to that statoia&at 2 yes torday, did he? a A. I am not try ing to prove his point. 4 ft Were you here in the courtroom yesterday? 5 A. Yes, I was here. i ® • KAPLAN: Your Honor, I am going to object to th is lin e of questioning as to what another witness 8 may have said or may not hove sa id . This witness 9 i j is not bound by what any witness other thanI 0 i h erse lf sa id . Evans - Cross 1 n 'ii| 12 13 14 a 15 19 11 20 22 23 1 24 A. 25 THE COURT: The Court heard what the other witnesses sa id . THE WITNESS: That's r ig h t . Mrs. Evans, when Mr. Bradshaw node the evaluation of the 15 elementary teachers, you were one o f the teachers retained , were you not? Yes, I was. And Mr. Bradshaw a lso stated that when he made the evaluation that he was not going to evaluate the teachers in reference to their grades or subjects that they taught but in reference to their o ve ra ll a b i l i t y , is that not true, that he would evaluate in reference to their o ve ra ll teaching a b ility ? W ell, yes, I an sure— I hope he d id . And i f you were retained In the evaluation , how la i t GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r al B u il d in g EL D o r a d o A r k a n s a s 7 i 7 » o H i I Evan* * Cross 283 1 r|| 2 3 4 A. s!! a 9 i| A. 10 Q. 11 12 13 14 15 16 17 18 18 20 21 22 A. a A. a 23 24 25 that you could o« damaged by being on the T it le I pay ro ll for i f in face funds were not av a ila b le you were s t i l l evaluated as one o f the top ten teachers? In the evaluation that was done at Tucker School, 1 was rated No. 1. I f e l l to No. 9. One teacher with less teaching experience than I had, a n o n -c e rt if ie d , was rated over me. W ell, le t sae ju s t ask you, though,— Rating doesn 't mean anything, I guess. — regard less of where Mr. Edwards ranked you in his evaluation, you were retained by Mr. Bradshaw on his evaluation? Yes, I was retained . And Mr. Bradshaw made his evaluation on the basis o f your o v e ra ll a b i l i t y , not the fac t that you wore a Remedial Reading teacher, and since you were retained in the evaluation , how are you damaged? How am I damaged? By the fact that you are under the T it le I payroll? Ml. KAPLAN: Your Honor, I think th is is a conclusion fo r the Court and not th is w itness. THE COURT: The Court has been Crying to find that out, too, Mr. Kaplan, and would hope that sooner or la te r something w i l l come out. NR. KAPLAN: Your Honor, th is witness has already GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i t » o Evans - Cross te s t i f ie d that yesterday was the f i r s t time she was ever to ld that i f T it le 1 finds were not a v a ila b le , then she would be placed on Minimum Foundation, and she lias already te s t i f ie d here this morning that she was told by Mr. Bradshaw that i f T it le I funds were unavailab le , then she would not be placed on Minimum Foundation, and that yesterday was the f i r s t tine she was ever to ld anything to the contrary. THE COURT: W ell, the Court hasn 't hoard her te s t i fy to that, Mr, Kaplan, Ml. KAPLAN: W ell, begging the Court's pardon, I be lieve that is what she did te s t i fy . THE COURT: W ell, the Court d id n 't hear i t that way, and i f you want to in terrogate her about i t , you may do so. The Court hasn 't heard any such rsauries made by Mr. Bradshaw coming from th is w itness. Do you have any further questions, Mr, Starling? Ml. STARLING: 1 be lieve th a t 's a l l r igh t now, Your Honor. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 265 / ... ■ j E v a n s - R e d i r e c t REDIRECT EXAMTMA^Yfttl 2 BY Ml. KAPLAN: 3 Q. Mrs. Evans, did you have a conversation with Mr. Bradshaw 4 about what would happen as an Instructress i f T it le I 5 funds were not available? 6 A Yes, I d id .;l 7 !| Q. When was that? 8i A That was conference that I had with him in the o ff ic e 9 ij at Tucker-RosenwaId School. 10 i| a 11 A. 12 \ 0. 13 14 15 16 17 || 18 19 A a A 20 21 || 22 24 Was Mr. Edwards present? No, Mr. Edwards was not present at that weeting. A l l r ig h t . What did he t e l l you,— He was in the bu ild ing but not in the o f f ic e . What did you say and what did he say? F ir s t , I talked with him about teachers' grievances a fte r he was over to the workshop and a l l teachers had refused to work for two weeks or aare? no one was working, ju s t coning to work, and I to ld h ia— THE COURT: What year was th is , Mrs. Evans? THE WITNESS: '6 * - '6 9 . THE COURT: Pardon? THE WITNESS: *68-'69. THE COURT: In March, *69? THE WITNESS: Yes, March, *68-'69. March o f '69. Il 25 Yes. GLENN H PERRIN Of f i c i a l C o u r t Rp o r u h F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 , 0 ' ____________ I " tvans - R ed irect" 26b 1 ! a 4 A. 6 i ajj 7 A. 8 ! a 9 i K 10 a l 11 1 A.1 1 12 13 14 i 15 a 16 17 18 | 19 20 A. 21 . a 22 A. 23 24 25 a A l l r ig h t . Now, what was said about your p^ i c < m t oa T it le I and the u n av a ila b ility — the p o s s ib il it y o f the u n av a ila b ility o f funds? W ell, i f i t was cut o f f , I cou ldn 't return to my c la s s room as a regu lar classroom teacher. Who said that? The Superintendent, Hr. Bradshaw. Did he t e l l you that d irectly? Yes. I And what did you say to that? W ell, I thought i t was a l i t t l e u n ju st, and I begged | for him to consider me as such because of my teaching experience and the work that I had done at Tucker- Rosenwald School. Now, in your job as Health Coordinator, I would lik e to place that a l i t t l e b it more c le a r ly in perspective to the to ta l school program. Were you requ ired , in your capacity as Health Coordinator, to sign various items :I for the school system? Yes. What kinds of things? I signed forma to be sent in to T it le I fo r services j that they had received from med ic a l and fo r g lasses and what have you lik e that. I. Would these forms have to go to the Superintendent's GLENN H PERRIN O f f i c i a l . Count R eporter F e d e r a l B u i l d i n g EL Dorado . A rk ansas 7t7so £.v j u i s - aeaurect ' zo/ ! 1 O ffic e ? 2 A. Y es . 3 a Nov, m s th ere e te s t in g program th at the sch oo l system 4 had? ! 5 ; A. W e l l , they brough t in the C a l i fo r n ia Achievement Test 6 and i t was adm in istered by am to the whole sch oo l a t 7 Tucker. 8 a As H ealth C oord inator? 9 A. No, that was f o r Residing. 10 a No, I am ta lk in g about h e a lth t e s t in g . 11 A. Oh, y e s , we had to t e s t them every yea r fo r eyes and 12 h e a r in g , v i s io n . 13 a Nov, would you re c e iv e n o t ic e o f th is from the 14 a d m in is tra t io n as to when th is had to be dame? 15 A. They would send a machine over and s a id who sen t i t and IS th at was i t . 17 a A l l r i g h t . And i t would be sen t to you? 18 A. Y es . 19 a A l l r i g h t . And was that d u rin g Mr. Bradshaw ’ s tenure 20 as w e l l - - 21 A. Yes. 22 a - - a s Superintendent? 23 A. Y es . I d id i t the l a s t year I was th e re . 24 a Did the b la c k teach ers a t Tucker-Rosenwald ever have any 25 caum m lcatian w ith the w h ite teach ers a t the F lu e Bayou GLENN H PERRIN O f f i c i a l C o u r t R k p o r t k r F k d e r a l B u i l d i n g EL D o r a d o . A r k a n r a * 7 i 7 s e £.v«mt> - Keaxrect --- -- _ 11---------------------------------------- -------------- ij School before the unification? 2 a . We had one workshop 3 | ft When was that? 23b 4 A. 9 jlI 7! 8 |j A. 9 a 10 II 11 12 jl 13 I A. 1 14 15 16 17 18 a A. 19 Q, 20 21 22 23 II A. 24 !| ft 25 — ** far as I know. That was the suaner, August, I believe I t was, Dr. Weatherford from Arkadelphie cams up from Atex. And was that the summer r igh t before un ification? Yes. Now, before that one meeting at which black and white teachers were present, In your 28 years o f tenure with this D is t r ic t , was there ever any smthod or way o f communicating with the white teachers? Mr. Anderson started to having meetings with a l l of the facu lty from Tucker and from Wright, or from Plum Bayou, meeting, but i t d id n 't work out, i t was ju s t thrown out of the window. How many meetings did you have? I remember attending two. A ll r ig h t . Did you ever have occasion or the opportunity then to find out what programs were a v a ila b le at the Wright School or what teachers, rather, were being paid for what function? State that again , p lease. Did you ever have an opportunity to find out i f Mrs. Keith was being paid for Health Coordinator? GLENN H PERRIN O f f i c i a l C o u r t R o o m a n F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 fclvans - R e d i r e c t 289 X | A. 2 a 6 A 4 i 5 i i K 6 a j 7 A ) 8 a 9 A. 1 10 a 11 ! 12 I i 13 14 A 15 16 17 a 18 A. > ” 20 !| Q, j| 21 A 22 |23 a 24 ! 25 A. vv\ Yes, I d id. When? The le s t year Chet I wee e t Tucker-koscnw eld S ch oo l. Did you ever have an oppo rtu n ity to b e fo re then? No, I d id n 't . How d id you f in d out? Through the C oord in ato r fo r T i t l e I . From the State? S ta te D epartaen t. A l l r i g h t . You spoke not too long ago about your s a la r y as the T i t l e I teach er cad mentioned th a t you d id not r e c e iv e a bonus. Would you t e l l us wha£ th at means? The bon us, as I un derstand , i s f e r teach ers th a t e re on Minimum Foundation . I f th e re i s any money l e f t in th a t p a r t i c u la r - - i n t h a t - - Fund? •• fu n d , i t w i l l have to be d is t r ib u t e d e q u a lly among the teach ers th a t a re on Minimum Foundation . A l l r i g h t . So th a t—• I t cannot be re tu rn ed to the S ta te Departm ent, I under- s tand . No budgeted Minimum Foundation money i s l e f t , i s th at r i g h t , i t e l l i s expended? That i s what I understand , to my know ledge. GLENN H. PERRIN Of f ic ia l Co u r t R p o k t r Federal Bu ild in o EL Do rad o . A r k an sa s t it s o _______________________________________________________________l fcvans - Keairect 2 ;| 3 A 4 a 5 II A. 6 a 7 ij 8 A 9 !| 10 !i !j a 11 A. I 12 i 13 ° 14 ! A 15 1 i a 16 A 17 ji a » j ji 19 | A 20 a 21 j 22 123 24 25 J L And i f there is moaey l e f t , teacneru get a bonus at the end of the year, is that correct? The ones that are not on T it le I . A l l r igh t* Yes* Have you ever received any kind of a bonus at the end of the year? I received one when I was on Minimum Foundation and $62.67 fo r September to January o f *6 6 -'6 7 ,— A l l r ig h t . and Mrs. A rtie Davis took over the Sixth Grade as a substitute teacher. A l l r ig h t . So you received your h a lf year** Yes. — as a Minimum Foundation teacher fo r that h a lf year? Right. Since that time, January of 1967t have you ever received any bonus at a ll? No, I haven 't. Now, in response to one o f Mr. S ta r lin g 's questions, you said that--and he was ta lk ing about the teacher examination proposed by Mr. Bradshaw and asking you about — an opinion about something— you said that a statement was made a ft e r . Would you t e l l us which statement was made a fte r what? OLCNN H PERRIN Official. Co u r t E p o w F id c r a l Bu ild in g Do rad o . A rk an sa s t i t m I £.v«ui» - n e a i r e c c M j * ■ 2 I Q, 3 A. 6 ft 8 ft 9 || A. 10 n 11 il A 12 l| ft 13 j A- 14 ! 15 j 16 i| | 17 18 BY 19 i 20 21 i 22 I A. 23 ft 24, A 25 ft After we were called “Nigger* teacherfi fth -huh. — and that a l l “N igger" teachers would not be hired over there, he decided he would give a test to see who I would not be. i So i t was a f t e r — That was my understanding. It was a fte r those remarks— Yes. --th a t the teachers then remarks were made? Yes. I see. That would be one o f h is c r it e r ia or one o f his ways of elim ination o f teachers. ® • KAPLAN; Thank you, Mrs. Evans • MR. STARLING: Mrs. Evans, in your conference with Mr. Bradshaw, what did Mr. Bradshaw say in reference to i f funds become unavailable? What did he say? T it le I funds, yes. I Whether or not I would be reta ined— Yes. GLENN H. PERRIN O f f ic ia l Cou nt R eporter Federal Bu ild in g EL Do rad o . A rkansas 717*0 I 1 ii A. t vans - xecross 292 7 ! a A. a A U --as a classroom teacher? He said, "No". He just seta— Wouldn’t have to be, because I asked would seniority i Kean anything, I had bean there 28 years,— Did he say— — he said, "No". Did he say that there is a possibility that if Title I funds became unavailable, that you night not be retained i as a classroom teacher? 10 j: *• Yes. 11 i Q-1 He said there ia a possibility of it? 12 1 i jl He said 1 would not be, could not be retained, no. 13 a He said you could not? 14 A.| 1 might not go back to the classroom* 15 a You might not? 16 Ii k.i 1 asked the question if I could go back to the classroom j 17 i if Title I money was cut off,— 18 a Did he say-- | 19 IL — if it was not available. : 1 1 20 a Did he say "you cannot" or did he say -you might not*? 21 A. He said, "No, it doesn't mean that you wsuld go back to 22 the classroom bacause of seniority, it muims nothing** 23 1 ft Well, what I am— I guess I am trying to gat at, did fee 24 say, in essence, that if Title I funds w ere unavailable, 556 that you would not be allowed to be a classroom toookor GLENN H PERRIN * A A O f f ic ia l C o u r t R t 'o ir r E i F e d e r al B u il d in g E L Do r a d o . A r k a n s a s 71730 293Evans - Recross “ I... 1 j any more? 2 A Yes, I wouldn't nave any jo b , 3 Q. Okay. I s n 't I t a true fact that in his evaluation he 4 ranked you No. 9 and you were in fact retained? Ii 3|j A. A fter th is meeting, yes. i| 6 a And i t *8 a lso true that he ranked you or evaluated you 7 on the basis of your o ve ra ll a b i l i t y and not the fact that you were a Remedial Reading teacher, correct? 9 a. W ell, I don 't understand your question. 10 a W ell, you answered awhile ago when I cross-examined n y O U - - 12 !l A 13 14 a 1 5 ! : io : 17 18 I A a 19 20 11 21 22 23 : 24 ,| 25 I don't understand what you--what you are try ing t o - - I - « state your question again , p lease . W ell, I asked you the question awhile ago, when Mr. Bradshaw evaluated you, he evaluated you in reference to a l l the teachers in reference to their o ve ra ll a b i l i t y . I was in hopes that he would. Then I f he retained you in h is evaluation , then obviously your o v e ra ll a b i l i t y aa a teacher is better than a l l o f the ones that he did not re ta in , and, therefore , you would be ab le to teach in the classroom in the event T it le I funds became unavailable? MR. KAPLAN: Your Honor, again , counsel is arguing with th is witness end asking for conclusions of this witness bsssd on what somebody e lse may think. GLENN H. PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 i &v«ns - Kecross 294 1 1 2 3 4 6 7 8 | 9 ii a 10 11 12 M 13 14 15 10 17 18 19 20 A. a 21 l! 22 THE COURT: Well, X don't aaaw why you wjLii to keep going over it, Mr. Sterling. MR. STARLING: A l l r ig h t , s i r . THE COURT: She hes to ld about i t , end so have you, and on end on. It seems lik e to me the question on the pert o f both of you is moot so fa r because two years have passed. MR. STARLING: A l l r ig h t , s i r . Two other th ings, Mrs. Evens. You say that you loomed that Mrs. Keith was a Health Coordinator in March of 1969? Pardon? D idn 't you say that you learned that Mrs. Keith was the Health Coordinator under the T it le I funds? Yes, through the State Department, from the T it le 1 Coordinator. A fter you learned that, did you ask Mr. Bradshaw to let you be compared with Mrs. Keith? No, 1 d id n 't ask Mr. Bradshaw. Do you know whether or not any o f the white teachers under the T it le I fund received a bonus that the teachers on the regu lar p ay ro ll received? Do I know what? State that again . Do you know whether or not any o f the white teachers under the T it le I p ay ro ll received the benus which yea GLENN H PERRIN O f f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in g E L Do r a d o . A r k a n g a r t «7 so 1 tv «o « - necrose 2 9 5 3 A. 4 !5ji a 6 l i| 7 j | A. s'i a i 10 11 !i A. 12 ! 13 14 15 16 17 18 19 20 21 |i 22 23 24 testified about that the teachers oe the regu la r pay ro ll received? I f you understood me, I d id n 't say that T it le I people received a bonus. W ell, I know that. The regu lar pay ro ll people received the bonus. Yes, they d id , under M inim a Foundation, they d id . Do you know whether or not any o f the white teachers who were under the T it le I program received that bonus, also? I don 't have any knowledge of that. I have never seen any records or f i l e s or anything. THE COURT: Stand aside . (Witness excused.) MR. KAPLAN: Mrs. Tta 10IS THOMAS. ca lled as a witness on behalf o f the p la in t i f f s , being f i r s t duly sworn, t e s t i f ie d as fo llow s: DIRECT EXAMINATION BY MR. KAPLAN: O Mrs. Thomas, t e l l us your f u l l name and address, p lease. A My name is Lois Thomas and I l iv e at 616 North Magnolia, 2% 1\ Q. Mrs. Thomas, are you che w ife of the gentleman who 2 te s t i f ie d here yesterday, Mr. Asive Thomas? 3 A. Yes, I am. )| 4 I a Hrs« Thomas, have you ever held a position in the Tucker- ji Rosenwald School D is t r ic t— I am so rry— in the Plum Bayou- i l 6|j Tucker School D istr ic t? 7 a . Yes, I have, I taught there fa r f iv e years. 8 a A l l r ig h t . Where did you receive your education, Mrs. X. Thomas - D irect 10 n 12 13 14 15 |i 16 St 17 18 19 20 l! A.II 2 1 j| Q , 2 2 !; a . 23 11 Q 24 | A. a A a 25 Thomas? W ell, I fin ished my elementary and high school at Rosenwald School at Tucker. 1 have a 3 .S . Degree in elementary education from AMttl C ollege, Pine B lu f f . Are you a lso c e r t if ie d to teach in public schools in the i State of Arkansas? | Yes, I am. And what kind of c e r t if ic a t io n do you hold? i I have elementary c e r t i f ic a te . When did you f i r s t begin teaching at the Tucker-Bosenwald School? j I began teaching there the year 1964. I For school year '64-*65? Yes, I d id . I And was that r igh t a fte r your graduation? Yes, i t was. And did you teach— that was the f i r s t position you Q L IN N H P E R R IN Of f ic ia l Co u rt Reporter Federal Bu ild ino EL Do rad o . A rkamear 7 «7 »o 297LiT 2 ji A. 3 a 41 A. 5 j 7 !' 8 ! 9 a A. a 16 17 a 18 A. 21 22 1 23 ■ 24 TOO®** D irect held Yes. — as a graduate teacher? Yes, i t was. And did you continue to teach in the ThckarHRosenweld School D is t r ic t for soma period o f time a fte r that? Yes, I d id . Was i t always at the Tucker-ftosanwaId School that you taught? W ell, yes, other than teaching Head S ta rt , i t was. I see. What grade did you f i r s t begin teaching? I f i r s t begin teaching Third Grade, I taught there for i two years. And then what grade did you teach? i W ell, I was moved to the F ir s t Grade to , I was to ld , to strengthen the elementary department. Who to ld you that? My P rin c ip a l, Mr. Edwards. | And what year was that in? Oh, that was the year 1966-'67, I b e lieve . I A l l r ig h t . That f i r s t year, 196b-'67, i t ' s been te s t i f ie d was a lso fo r some short period o f time Mr. Bradshaws f i r s t year as Superintendent. Did he ever come into your classroom during that year? No, he d id n 't . GLENN H PERRIN Of f i c i a l C o u r t R rportkr F k d c ra l B u il d in g EL Do r a d o . A r k a n s a s t i 7 so ijl q. The next year, 1967-'68, did he ever coaie into your || 2 |i classroom?|| . j 3 a No, he d id n 't . i j 4i a During the en tire yeer? 5j| A. No, he d id n 't . 6 Q. Are you sure of that? 7 |j A. Yes , I am. - l . ' xnomas -~Dixw?t— ~ ~ ~ | 29H s j a A l l r ig h t . Did Mr. Edwards evar come into your c la s s - 9 J room? A Yes, he did . n a And did he ever engage in any kind of evaluation with 12 13 14 15 16 17 18 19 A a A a A 20 : Q, 21 22 23 24 25 A a you during that year? Yes, he d id . Did he discuss i t with you? Yes, he d id . j And did he give you anything in writing? W ell, no, not in w rit in g . He had notes that he, you I know, when he c a lled me into the o f f ic e , that he discussed with me. Did he, in any adverse way, was ha c r i t ic a l o f your I performance as a classroom teacher in the F ir s t Grade at that school? W ell, not r e a l ly . He gave me som e--well, he had a few c rit ic ism s, but net very many, no. I see. What kind of things did he say to you, do you GLENN H. PERRIN Of f ic ia l Co u rt R efowtrR P kdkral Bu ild in g EL Do rad o . A r k an sa s t it s o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 u . x .» - u iree r 299 remember? A. W e l l , I can remember one, chat was discussing my b u l le t in b o a rd , I b e l ie v e , and he to ld me th a t 1 shou ld p ro bab ly be a l i t t l e mere o o n c re te , you know, on u s in g m a te r ia ls fo r my b u l l e t in bo a rd . Q. And d id you accept h is suggestions — A. Yes, I d id . Q. --and a lte r the method that you had bean using? A. Y es , I d id . Q. A l l r ig h t . During the year 1968-*69, was that your la s t year in the D is t r ic t , Mrs. Thomas? A. Y es , i t w as. a A l l r i g h t . How many tim es or d id Mr. Bradshaw ever c o m in to your c lassroom th a t year? A. W e l l , I can remember on ly tw ice th at he came in to o b se rv e , but he came through once, I th in k , d u rin g the Christm as Season to d e l iv e r a bonus th at the teach ers had g o tten . Q. How much was th a t bonus? A. W e l l , I c a n 't remember now, bu t i t was between seven ty - f iv e and a hundred d o l l a r s , I g u e s s , I c a n 't remember the exact amount. i Q. A l l r i g h t . Now, th a t would be one tim e, and you say th at there a re a t le a s t two o ther tim es th a t he casw in? GLENN H PERRIN Of f ic ia l Co u rt R eporter Federal Bu ild in g EL Do rad o . A rk an sa s 717*0 L. Tnooas - Direct 300 1 A. Yes, that he did come in . 2 a A l l r ig h t . How long did he stay then? 3 a. W e ll, the f i r s t tine he cane in , I guess he stayed fo r 4 about 15 n inutes. 5 i a Did you give hin a lesson plan? j 6 A No, I d idn ’ t g ive hin one, he d id n 't ask. 7 ! a Did he ever ta lk to you e ith er before or a fte r the c lass 8 about h is v is it? 9 i * 10 Q, 11 ill ll 121 A 13 14 15 16 17 18 o A a ' A 18 a No, he d id n 't . The second tine that he cane, can you renenber approxi mately when i t was? Yes, i t was during the spring o f '69, I guess around March or A p r i l . How long did ha stay at that tine? W ell, between 15 and 20 minutes. Did he ever ta lk to you a t a l l about anything that he had observed in the classroom? No, he d id n 't . Did he ever ask you fo r any lesson plan or tests or 20 ii 2i!! a 22 i Q, ii 2 3 [ ' A 24 25 a anything lik e that? No—w e ll , he asked fo r a book that I was using. What book was that? He wanted to see the Reading Economy book that we were using, and he wanted to see i t . Were you, in your c la s s , using the Economy Series? OUENN H. PKRRIN Of f ic ia l Co u rt R v o r m P cdkral Bu ild in g XL Do rad o . A rk ansas t i 7*o 301u. ------- ill A. 2 C. 3 A. *!i o. 6 A.II H a 8 !'I I ® ij a. j 10!] a a iii 12 ! 13 14 15 16 17 18 19 A. a A. a A. a A. 22 Q, 23 JL mamas - uXXSCC Yes, I was. Were you using any other supplementary awaterial? Not on—no, I w asn 't. Did e ither Mr, Bradshaw or Mr, Edwards ever discuss with you any d isc ip lin a ry problem in your classroom? No, they haven 't. In your evaluation , Mrs. Thomas, as a classroom teacher, did you have a d isc ip lin e problem in your classroom? No, I d id n 't . i Did you attend a workshop at the Pitas Bayou-Tucker School D is t r ic t at the Tucker-Roseawald School concerning un ification? Yes, I d id . Now, was the workshop i t s e l f about un ification? No, i t w asn 't. Was Mr. Bradshaw present? Yes, he was. Approximately when, to the best o f your re co lle c t io n , did th is take place? W ell, i t was in the spring o f *69, I can 't remember the j month r igh t now, but i t was— Who was present? A l l of the teachers at the Tucker-RoeearnsId School and Mr. Bradshaw. Can you t e l l us what was sa id by the var io u s— to the_______ GLENN H PERRIN Of f ic ia l Co u nt R votrm i Federal Bu ild in o EL Do rad o . A rkansan 7i7*o u. inomas - D irect 302 best of your recollection, by the various participles in those two--in that meeting? A. W ell, a fte r Mrs* Kidd had fin ished her workshop, w e ll, we discussed—w e ll, th is is when he to ld us that we would be un ified end that a l l o f the teachers would not be needed. He did say—w e ll , someone did ask him, you know, i f a l l o f tha black teachers at Rosenwald would be used, and he said that he would not get r id of one of his white teachers to h ire a "N igger" teacher. jj <1 N - i -g -g -e - r? 11 j| A. That's r ig h t , yes. i| ;j a Did you hear him say that? A. Yes, I d id . & What e lse was said by tha various partic ipants in that meeting? A. W ell, one o f the teachers asked him i f he said "Iligger". W ell, he denied i t that he did say i t . a Who was that teachar who asked him? A. Mrs. Thomas, Dora Thomas. Q. la she re la ted to you? A No, she 's not. a A l l r ig h t . What a lse was said? A W ell, we went on and we wanted to know seme of the c r it e r ia and he asked us to make a l i s t o f some of the c r it e r ia that we thought that ha should use GLENN H PERRIN O f f ic ia l Co u rt R eporter F ederal Bu ild ing EL Do rad o . A rkaneae tite o L* xnomas - D irect 303 1 aII 2 1 A. 3 4 a 5 1 6 A | 7 ! a 8 A 9 a 10 A j 11 1 a 12 1 A 13 a 14 15 A 16 a 17 A 18 a 19 A 20 i 21 22 23 24 j 25 a And did you? Did the teachers do that? Yes, we d id , we turned i t in to Hr. Edwards. I don't know i f he picked i t up or not, I don 't know. A l l r ig h t . Were you present et another meeting at which teachers were present at which u n ifica tion was discussed? Yes, at the Plum Bayou School. In the Wright community? Yes, i t was one night at a Board meeting. Were there any white people there? W ell, the Board members were. Were there any other white people there? No, there wasn' t . And do you remember approximately when that was in re la t io n to the meeting you Just to ld us about? W ell, i t was a fte r th is meeting, in the same y ea r ,— A l l r ig h t . — '69. T e ll us what was said at that time. W ell, when we walked in , 1 think they were r e a l ly surprised to see us, because as we walked in they ju st stopped ta lk ing and looked, and we came in and sat down, and then the discussion went on, and Mr. Tony asked what would happen to the black teachers at Rosenwald. What was said? GLENN H PERRIN Of f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 * 0 uxrect-■mamas - 304 W ell, he said — Who is "he*? Mr. Bradshaw. Uh-huh. --made che stateswnt chat none of the white teachers would be re leased to h ire a "N igger* teacher, and th a t 's when Mr. Tony ca lled his hand and said that we don 't use that term any more. Anything e lse said? W ell, no, not very much, because th a t 's when— they dismissed the meeting and we were a l l gone, l e f t . I Did Mr. Archer say anything at that time? | I don 't remember. 1 can 't remember righ t now. In addition to your regu lar classroom duties , you spoke about Head S ta rt. Would you t e l l us when you began in that program and how you actu a lly secured your employ ment in that program? W ell, I began teaching Head S tart the second year that I started teaching school at Tucker, and I — Nr. Edwards recommended me to th is jo b . | Did you teach i t continuously as long as you were in I the D istr ic t? I No, I d id n 't . I taught i t fo r two years stra igh t and then I think Mrs. Evans taught i t fo r a year and then I taught i t the next year. GLENN H PERRIN Of f ic ia l Co u rt R epo r im Federal Bu ilo in o EL Do rad o . A rk an sa s 717*0 a i/iircx 305 5 A. 6 a 7 A. a a 9 | A. i 10 ii a 11 12 13 14 15 16 A. a 17 a 18 A. 19 Q. 20 2 1 i j A. 22 1 Q. 23 11 A. 24 25 Was Chat your iasc year? IThat was my lasc year, yes* Did you teach the suaner a fte r your contract was not i renewed? Yes, I was— yes, I d id . What age children were you dealing with? I W ell, s ix -y e a r -o ld ch ildren , f iv e -y e a r -o ld , sons* Were they ju s t about ready to go to the F ir s t Grade? Ready to go to the F irs t Grade, yes. Was that a program that was operated Jo in tly by O.E.O. and the School D istr ic t? I Yes, it was. A fter your employment, Mrs. Thomea, a fte r your c o n t r a c t - w e ll, l e t 's back up fo r Just a moment. In that la s t year, was your contract renewed, '63-*69? No. Was i t renewed fo r '69-'70? No, i t w asn 't. No. How did you discover that your contract was not going to be renewed? Mr. Bradshaw ca lled me into the o f f ic e and— Whose o ff ic e did he c a l l you in? Mr„ Edwards' o f f ic e , and he a lso ca lled Mr. Edwards in on che conversation, and he to ld ns that according to the c r it e r ia that he had and according to the way he had GLENN H. PERRIN O f f ic ia l Co u rt R eporter F ederal Bu ild in g EL Do rad o . A rkaneae t it e o I I 306L. Tnomas - Direct i i 2 5 i! 7 l! Q. 8j A. 9 II O |; 10 1 1 i i 12 I 13 14 15 16 17 “ | 18 j il a A. 22 II Q, 23 j! JL 24 jj Q 26 j 20 21 rated the teachers, that &oa& o f the other teachers. ^*4 rated higher than I d id , and he to ld me that he was sorry that 1 was one o f the ones he was going to hove to le t go, and that is when I to ld him that 1 had expected th is decision from him. I to ld him that 1 w asn 't a t a l l su rprised , you know, to hear him say th is . Was anything e lse said? No, i t w asn 't. Why did you t e l l him that you were not surprised? W ell, r e a l ly , I guess, because the year before that he had le t my husband go, and fo r some reason I thought, you know, that th is was one o f tho reasons that he was going to le t me go. I ju s t hed th is fe e lin g , I don 't know why, no one hed to ld me th is . At the time that he spoke to you about tho ra tin g and that some of the other teachers had ratad higher eham you, did you eve r--d id ha show you a copy o f tho rating? j No, he d id n 't . I Or the evaluation? No, he d id n 't . Did he show you anything? I No. A fter your employment was concluded at the Plum Bayou- Tucker School D is t r ic t , did you look and soek other G LENN H PERR IN Of f ic ia l Co u rt R v o r m F i m r a l Bu ild ing EL Do rad o . A r k an sa s 717*0 l , m o w s - D irect 307 employment? Yes, I d id . Where? I tried « t Townsend, Perk, Pine B lu ff School D is t r ic t , I tr ied at Wabbeseke, S tu ttgart, England, a l l places around. When you say you t r ie d , did you actu a lly put in applications? Yes, I d id . And I talked to the P rinc ipa ls at England, there were some positions open, but a fte r the Superintendent found I had f i le d a su it against Plum Bayou, the P rin c ipa l to ld as that the Superintendent to ld him that he cou ldn 't h ire as because I had a su it in against the D is t r ic t . Did you actu a lly get any kind o f employment? W ell, not u n t il November of that year. And was your employment in teaching? No, i t w asn 't. What was it in? I am working as a N utrition Aid fo r the Extension Service. Is that for the Arkansas-* Yes, i t i s . --Extension Service? Yes, i t i s . OLENN H. PERRIN Of f ic ia l Co u rt R rportsr F kdcral Bu ilo in o EL. Do rad o . A rk an sa s t it s o i.. rnomas - Direct 306 11| C, Are you s t i l l employed in chat capacity? 2 A Yes, 1 am. 3 Q. Do you s t i l l hold c e rt ifica tio n ? 4 A Yes, I do, 5 jj a Does that job pay as touch as teaching? 61! A Oh, no. No. 7 i! a But you s t i l l want to be employed as a teacher? 8| a Yes, I would. 10 Ml. KAPLAN: That’ s a l l . ii CROSS EXAMINATION BY MR. STARLING: Q. Mrs. Thomas, you t e s t i f ie d that Mr. Bradshaw, during the year8--th e en tire years 1966-'67, '6 7 -'6 8 , newer came into your classroom, is that correct? a That's true. a Were you present yesterday when Mr. Edwards te stified ? a Yes, I was present. a Do you r e c a l l that Mr. Edwards t e s t i f ie d that Mr. Bradshaw would make tr ip s around to the classrooms? 2 1 | j A He probably went to the other classroosis, but he d id n 't come to my classroom. a Why do you reckon he d id n 't came to your classroom? A I don 't know. a Did you ever see him go to any other classroom? GLENN H PERRIN Of f ic ia l Co u nt Rp o k t o i Federal Bu ild in o EL Do rad o . A rk an sas t it r o 12 I 13 14 15 16 17 18 IS 20 22 23 24 25 l,. mamas - cross 309 J». No, I d idr**t , not or* c h e a id * w aere we w ere . a In the m eeting Chet you had, Mr. Bradshaw suggested that the Negro teach ers come up w ith some o f the c r i t e r i a which would be used fo r the e v a lu a t io n fans? A. Yes. O And the N egro teach ers d id c o m up w ith sons o f the c r i t e r i a , i s th a t co rrec t? A. Y es , we d id . a Did Mr. Bradshaw recommend to you or to a l l o f the Negro j teach ers th a t i t was h is id ea th a t the f a i r e s t way to do th is th in g was to g iv e a com p lete ly o b je c t iv e t e s t , one based upon a N a t io n a l T e s t in g S e rv ic e , who would adm in iste r and grade the te st? a. Y es , he to ld us th a t he had planned to g iv e the M i l l e r 's Analogy T e s t , y e s . a And whet d id the Negro teach ers do when he made chat recommendation? A. W e ll , we to ld him th at we d id n ’ t th in k th a t t h is was a f a i r way t o , you know, to s e le c t te a c h e rs . Q. Why? A. W e ll , we d o n 't f e e l th at you can s e le c t a teach er through! a s tan d a rd ised t e s t o f th is k in d . | a In o th er w o rd s , you f e e l th a t th e re a re a b s t r a c t q u a l i t i e s in a teach er which need to be judged based on c lassroom perform ance? GLENN H PERRIN Of f ic ia l Co u r t Reporter Federal. Bu ild in g EL Do rad o . A rk an sas 7 it s © i~. m etnas - Cross 310 1 j A. 2 a 3 j j 4 j 5 j l | j A 6 j 7 i j i j 8 1 a 9 ! A - 10 1 1 11 12 1 13 j 1 14 | a1 15 16 A 17 a 18 1 A 19 | a 20 A 21 a That's tru e ; th a t 's true. Do you think that— did Mr. Bradshaw, in fa c t , give th is objective test a fte r the Negro teachers had objected to it? No, he d id n 't . A fte r—v e i l , a fte r ve had scheduled a meeting with the County Superintendent, ve talked with the County Superintendent about th is te s t . Did you t e l l him you d idn 't vent that kind o f a teat? Yes, we did. THE COURT: What was the teat? THE WITNESS: M i l le r 's Analogy Test* THE COURT: M i l le r 's Analogy Test? THE WITNESS: That's true. And I be lieve a l l o f the Negro teachers went to the County Superintendent's O ffice? Yes, we d id . And Mr. Bradshaw did not give that te s t , is that correct? No, he d id n 't . Do you know why he d id n 't give it? No, I don’t . Instead, he gave or made up an evaluation test based 22 I; 23 i t 24 A. 25 upon some o f the c r it e r ia which the Negro teachers had suggested, is that correct? W ell, some of them, yes, but one he d id n 't , and that was "Teacher Tenure". GLENN H PERRIN Of f ic ia l Co u rt R eporter F ederal Bu ild in g EL Do rad o . A rkangar 717*0 iituuiab - LXOSS 311 X ;| 2 : i 3 4 5 | 6 7 l| 9 11 12 i I 13 14 15 16 17 18 19 22 |j 24 i 25 a Mrs. Thomas, you stated that Mr. Evans said that— excuse me, I am so rry— you stated that Hr. Bradshaw stated in th is teacher workshop that he would not get r id of a white teacher fo r a "N igger* teacher, Is that correct? A. That' s tru e , yes • a Do you know a fte r the evaluation fo ra , or do you taow now once the evaluation was aade, who were the teachers that were retained and who were the teachers that were dismissed? A. Yes, I think so, yes. a Let me show you an enlargement of that evaluation , show you the ranking of the teachers. No. 1 teacher ranked was Mrs. B la ir ; No. 2 was Janet Dye; No. 3 was Robbie Keith; No. 4 was Mr. Edwards; No. 5 was Mrs. Moore; No. 6 was Mrs. W i l l i s ; No. 7 was Mrs. Rosen; No. 8, Mrs. Davis; No. 9, Mrs. Evans; No. 10, Mrs. C lark. Those were the ten teachers in the order of their ranking that were reta ined . And the f iv e teachers that were not reta ined : No. 11, Mrs. Ramsey; No. 12, Mrs. Gordon; No. 13, Mrs. Thomas; No. 14, Mrs. Dora Thomas; No. 15, Mrs. Armenia Kidd. Now, is i t not true that— is Mrs. Ramsey a white person on a black person? A. She's white. 0. Then somewhere in th is group o f peop le , whether i t be GLENN H PERRIN Of f ic ia l Court R v o R m F kdkmal Bu ild ing EL Do rad o . A rk an sa s t i t m i-. A. a A. a A. a A. a A. a A. a A. black or white caanot be cold— Mrs. Raajsey, a whitw teacher, was in fact not reta ined , is that correct? W ell, lik e was stated be fo re , I had heard that ttrs. Ramsey was leaving in the f i r s t p lace. Do you know whether Mr. Bradshaw knew that before he made th is evaluation? I don 't know, but I am sure he d id . W ell, you are sure he did? W ell, if everybody e lse knew i t , I am sure he knew i t , too. Do you know when Mrs. Ramsey gave Mr. Bradshaw her resignation? No, 1 don 't . Now, looking at these people, where do you say you should have been ranked? W ell, I cou ldn 't say where I should have been ranked, but I know I should have been ranked higher the way he ranked me. Why? Why? Uh-huh. My P rinc ipa l ranked ms higher than th is . I think I should have been ranked higher than soam o f those— some of the others. I was ranked higher than MTs.— L e t 's s ta r t . What about Maxine Clark? Do you fe e l you GLENN H PERRIN Of f ic ia l Co u rt Reporter Pkdkral Bu ild in g EL Do rad o . A rk ansas t «? so T aou t - cross a . xn< s - cross have better abstract qualities as a te&cher aac more qualified? W ell, I am not going to impersonate anybody, but I think that I — some o f ay a b i l i t ie s are higher than some of the ones that is on there. W ell, l e t 's s ta rt with them and t e l l a s . W ell, I don 't want to name anyone lik e that, but I do know sons o f those th a t 's on there that I rank higher than they do. Mrs. Thomas, you made the a lle ga tio n that th is School D is t r ic t , Mr. Bradshaw and th is School D is t r ic t , have discrim inated against you in th is evaluation . Yes, they have. Then was i t Maxine Clark that you fe e l you were better teacher than, o ve ra ll a b ility ? * . KAPLAN: Tour Honor, I think again I am going to object to the question as arguing with this witness and asking her questions that she can 't possib ly answer without argument, conclusions, that are inadm issible. MR. STARLING: Tour Honor, s me either e along the lin e we have got to get to the question in th is case, and that is whether or not Mr. Bradshaw discrim inated against th is woman or not. I f she has a lleged they d id , then somehow she has got to GLENN H PERRIN Of f ic ia l Co u rt R efofte* F k d c r a l B u il d in g S I- Do r a d o A r k a n s a s 717SO 1 |j show the abilities and qualities that she caa say 2'i he did discriminate against. 1 THE COURT: W ell, Mr. S ta r lin g , i f there is L.. luuuuis ” LX O S S 4 io || a ii 12 13 14 15 16 17 A. a A. a A. a 18 »|| fL 19 « 20 !l A. 21! a 22! a. 23 ( Q, jj 24 i A. ju st d iscrim ination, that is not included in the Issues involved here, got to be ra c ia l discrim ination i f th is Complaint on th is consideration provides fo r any r e l i e f . The record speaks fo r i t s e l f , I don 't think that e ither you or she can change that. Mrs. Thomas, do you know whether Mrs. B la ir i s a white woman, white or black? I know she 's white. How about Janet Dye? She's white. Robbie Keith? Yes, she 's white. Jean Edwards? He's black. Juanita Moore? She's white. Althea W illis? She'8 black. Nancy Rosen? She'8 white. A rtie Davis? GLENN H. PERRIN Of f ic ia l Co u nt R w o ntcn F kdcnal Bu ild ino EL Donad o . A r k a w a * t it n o 314 L. i| A. II 2'1 a 3 A. 4 a 5 H ji A. 6 | Q- 7 j 8 | A. 9 i a 10 11 A. 12 1 a 13 14 A. 15 1 a io ! 1 17 j A. “ 1 a 19 M 20 A. 21 i 0 22 A. 23 a 24 A. 25 {! ■ i- a Thomas - Cross She's black. Lucreasia Evans? She's black. Maxine Clark? She’s black, too. How many black teachers were retained and how many white teachers were retained? W ell, there is fiv e black teachers and s ix white. W ell, we only have 10 people, i f there are f iv e black teachers — That's r ig h t—wait a minute— fiv e black and f iv e white. Retained were f iv e black teachers and fiv e white teachers? jI That's true. And those teachers not retained were one white and four black? Uh-huh. Do you know whether Mrs. Armenia Kidd is a p la in t i f f in th is lawsuit? i | No, she 's not. What about Mrs. Dora Thomas? No. How about Althea Gordon? I Mrs. Gordon is working. When Mrs. Ramsey and Mr. Edwards resigned a fte r the GLENN H PERRIN Of f i c i a l C o u n t R nfontkn F e d e r a l B u il d in g EL DONADO. ANNLANSA* 71730 l . rnomas - Cross 3X6 i j| 2 i| 3 A. 7 ,| A. 8 i 9 10 i l 11 || 12 evaluation, what happened to the teacher si a t that point, do you know? No, I don’ t . A l l r ig h t . F ine, Do you fe e l that there is any fa i r way that Mr. Bradshaw could have evaluated the teachers than that which he did? I don 't know what way he could have. I aa sure there is a better way that he could have evaluated the teachers than what he d id . MR. STARLING: I be lieve th a t 's a l l , Your Honor. THE COURT: You may stand aside . (Witness excused.) MR. KAPLAN: Mrs. Woods: CORINE WOODS. 17 18 ca lled as a witness on behalf of the p la in t i f f s , being f i r s t duly sworn, te s t i f ie d as fo llow s: 19 DIRECT EXAMINATION 20 BY MR 21 !| a 22 A 23 1 a 24 A 25 a . KAPLAN: Mrs. Woods, t e l l us your nastt and address, p lease. I am Corine Woods from Tucker, Arkansas. Mrs. Woods, would you speak up ju st a l i t t l e b it? Corine Woods, Tucker, Arkansas. Mrs. Woods, sre you a p la in t i f f in th is lawsuit? GLENN H PERRIN Of f ic ia l Co u rt R sportkr Federal Bu ild ing EL Do rado . A rk an sas 7i7so wooas - D i r e c t 317 2 3 4 l! 5 l| 6 8 I 9 'I 10 11 12 1 i 13 14 15 16 17 18 19 11 20 ! { j| 21 || A (Nods head a ffirm a tiv e ly ) Q. And do you have children in this Plum Bayou-Tucker School Distr ict? A Yes, I do. Q. Do they attend the Plum Bayou School? A Yes, they do. Q. Mrs. Woods, are you on any committee fo r T it le I o f the Elementary Secondary School Act? A Yes, 1 was on the Advisory Committee at one time. & Do you know— A I never been n o tified that I wasn 't cm i t . 0- Were you ever ca lled to a meeting of that committee? A Yes. a Were you ever shown a budget? A No. a When were you ca lled to your f i r s t such meeting and how many meetings were you ca lled to? A I was called to two. That was righ t a fte r the unitary system. Q. I am sorry? A Right a fte r the unitary system. I don 't remember the month. a When were you n o t ifie d , a time, were you n o tified that you were on the T it le I Committee? A it was in 1968-'69, I b e lieve . GLENN H. PERRIN Of f ic ia l Co u rt Reporter Federal Bu ild in o EL Do rad o . A rk ansas 717*0 1 a 2 A.1 3 a 4 j 5 A. 6 0 7 | 8 ! A. 9 i a 10 ! a 1i 12 1 A 13 I 14 I 15 16 17 18 19 20 21 |i 22 li24 25 The school year? Yes. At that time were your children s t i l l going to the Tucker School? Yes. I see. Were you ever consulted in any way about the formulation of the T it le I plan? No. Did you ever know or were you ever told during fchese meetings what teachers received what payment fo r T it le I? No. W e--I never did see figu re s . The only thing, we would come in and be seated and the Superintendent, Mr. Bradshaw, would read o f f the amount o f money end how much was spent for th is and how much would be spent for that. MR. STARLING: Your Honor, i f I may, I am going to object because 1 be lieve this testimony Is irre levan t and immaterial and there is nothing alleged in the Complaint whatsoever to the e ffe c t that there has been any Improper use o f T it le I funds or that Mrs. Woods was denied access to see where the T it le I funds were spent. There is nothing whatsoever In the Complaint concerning T it le I funds except one instance which we mutually GLENN H PERRIN Of f ic ia l Co u rt R eporter Federal Bu ild ino EL Do rad o . A rk an sas 7 i7 »o woo as* - D irect----- ! 3 1 9 settled prior to the lawsuit. I am completely at a loss as to what any a llega tion along th is line contains or concerns. THE COURT: W ell, did you se tt le the question of Mrs. Evans? MR. STARLING: A l l r ig h t , s i r . O How inany meetings were you ca lled to? A Two. a How many other people were at those meetings? A Four. There was s ix . Q- Six people? Was that the en tire committee? A Yes. a How many black people and how many white people were on that committee? A I t was two. S ix of us with exception o f Mr. Bradshaw. O And two black people and four white people? A That's r ig h t . 0- Who was the other black person? A Mrs. L izz ie Evans, who is a dishwasher at Plum Bayou, and she is liv in g in another d is t r ic t , a I see. She liv e s in another school d is tr ic t? A Yes. & Was she at that time liv in g in another school d is tr ic t? A Yes. Q. When was the la s t meeting you were ca lled to? GLENN H PERRIN O f f ic ia l Co u rt R eporter Federal Bu ild ing EL Do rad o . A rk ansas 7 i7so 7 vooar - D irect ' I 320 ij A. In '68. 2!j 0- Since that time have you e ither been n o tifie d o f another 3 meeting or of your no longer serving on the committee? 41 A. No, I haven 't. 5|i ! a ii Mrs. Woods, were you present at a meeting in the Wright 6 | community involving parents of the black children? 7i' A. Yes, I was. 8H :! 0- When was that? 9 A. |! It was in March o f— prio r to the u n ifica tio n . I 10 i a And who was present and where was the meeting? 1 11 A. About 50 Negroes, Negro parents. i 12 ! a Where was the meeting? iii 13 A. Plum Bayou L ibrary . 14 a A l l r ig h t . Did you attend more than one meeting over 15 there? 16 A. i Yes. I 17 a How many? 18 A. 1 Two. 1 19 a Were there any white people-other than the School Board 20 members, were there any white people there? 21 | A. No. 22 1 a The f i r s t such meeting? 23 A. No. 1, 24 a At the f i r s t such meeting, were the teachers present? 1 25 j A. Yes, they were. 1! GLENN H PERRIN J Of f ic ia l Co u rt R eporter /„ Federal B u ild ing jg, EL Do rad o . A rk an sa s 7i7»o m ►A. wooas - D irect 2 !j 3 4 5 i ! 6 7 li 8 1 9 10 'I “ li 12 i1 13 14 15 16 17 18 19 20 ii 21 |j 22 23 ll 24 25 I 321 a Were they present at the second meeting? A. No, they w e re n 't . Q. T e l l us whet you r e c a l l happened a t the f i r s t m eeting f i r s t . A. At the f i r s t m eeting— Q. And who s a id w hat. Id e n t i fy everyone. A Mr. Bradshaw s a id th at he would not f i r e w h ite teachers to h ire "N ig g e r s " , and Mr. Tony c a l le d h is hand. I a And what happened? What e ls e was sa id? I A W e l l , we got r i l e d up, and the m eeting was d ism issed , a How soon a f t e r th at was the second meeting? A I b e l ie v e i t was the next month. Q. Who was p resen t a t that meeting? A Nothing but the paren ts and the Board members, a Was Mr. Bradshaw p resen t a t th a t time? A Y e s , he w as . i a T e l l us what was sa id by the v a r io u s p a r t ic ip a n t s in th at m eeting. I A W e ll , i t was in that m eeting th a t Mr. A rcher made the remark th at he would n o t— MR. STARLING: Excuse me, I d id n 't hear the name. THE WITNESS: A rch e r. C lyde A rch e r. a. --m ade the remark th a t he would not f i r e a w h ite teacher to h ir e a "N ig g e r " , and M rs. Thomas c a l le d h is hand, a Which M rs. Thomas? GLENN H PERRIN O f f i c i a l C o u r t R ep o r t er F e d e r a l B u ild in o E L Do r a d o . A r k a n s a s 717SO Wood 8 1 ; A ! 2 j 3 a 4 ' A ■II ^ i 1 6 i 7 A 1 8 9 1 0 1 ii ; BY MR 1 2 a 322 13 14 15 16 17 18 19 20 21 22 23 24 i j 25 Mrs. Laura Thocias, Mr. Asive Thomas' mother. She is not present. I see. Did you hear that remark? Yes, I heard i t . What e lse did you hear at that meeting? Can you r e c a l l anything else? Got a l l r i le d up and i t was dismissed and went homo. MR. KAPLAN: That's a l l . CROSS EXAMINATION . STARLING: I ju s t got a couple of questions to ask you, Mrs. Woods, i f you would. In th is f i r s t meeting at the Plum Bayou L ib rary , th is was a regu lar scheduled Board meeting? A Yes, i t was a regu lar scheduled Board cieeting. 0 And the press was present? A I beg your pardon? G Was the press present? A The press? 0- Uh-huh. A I f i t was, I d id n 't know i t . Q. Do you have the date of th is meeting? A I don 't have the exact date, but It was p rio r to the un ification of the two schools. GLENN H. PERRIN O f f ic ia l Co u rt Reporter Federal Bu ild ing EL Do rado . A rk an sa s 7 i7 »o * wooes - cross 1 f —- a Prior to un ification? 2 ! A. I f you know what I mean, be fo re . 3 a Before the actual unification? 4 ; A. (Nods head a ffirm ativ e ly ) 5 a Would you say i t was around— 6 A. It was in March. 7 ! ! a In March? 8 A. Right, s i r . 9 i ^ Do you know whether or not the press attended the public 10 i Board meetings? When I say "the p ress", I am talking 11 i about the Pine B lu ff Commercial o f the Gazette • 12 A. I don 't know. 13 ° Now, who e lse was present at th is meeting besides the 14 Board members and Mr. Bradshaw? 15 A. At which meeting, now? 1 16 a At the f i r s t meeting. 17 i A. The teachers. i 18 a Just the teachers? 19 A. The Plum Bayou teach ers••a ll of the teachers at the 20 Rosenwald School, and the— about 30 patrons. 21 a Black and white patrons? 22 A. Wasn't any white there. 23 a No white people at th is meeting? 24 A. Except the Board members. 25 a And th is was in March. Did they take minutes of that 323 GLENN H PERRIN Official Court R ep o r t er Federal Building EL Dorado . A rkansas 7i7so ~ w o o o s c r o s s ' - i | - - ............ .. — 1 1 meeting? 2 A. I d o n ' t know. I d on ' t know whether they d id or n o t. 3 a How d id you know the m eeting was go ing to be held? 4 A. I t was in the p aper. 5 ai] P u b lic iz e d in the paper? 6 A. Yes. 7 a Now, a t t h i s second m eeting, who was p re se n t - •where wee 8 th is m eeting and when was it? 9 ! A- I t was in the L ib ra ry about a month l a t e r . 10 a Plum Bayou L ib ra ry ? 11 A. Yes. 12 a And i t was approx im ate ly in A p r i l , then? 13 A. Yes. ' 14 a Was th is a Board m eeting, a lso ? 15 A. Y e s , i t was. 16 a How d id you know about th is meeting? 17 A. I t was p u b lish e d . 18 a I t was p u b l ic iz e d . Do you know whether any members o f 19 the p ress were p resen t a t th a t aweting? 20 A. I d on ' t know. 21 a Now, Mr. Bradshaw, I take i t , a t th is meeting d i d n ' t 22 make the statem ent which he had been accused o f making 23 in the other meeting? 24 A. Mr. Archer s a i d th a t . 1 25 a And who is Mr. Archer? GLENN H PERRIN O f f i c i a l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r ad o A r k a n s a s 7i7so -wc«<nr^ci?bi¥ 1 A.!| 2 a 5 !i 6 8 10 11 : 12 13 14 15 16 17 18 19 20 I 21 I 22 2 3 25 One of the Board members. One of the Board members. And was th is In response to a question that he made that statement? Yes, i t was— I mean i t had arose about how was the teachers being— said how was the teachers going to be le t out or reta ined . As a p la in t i f f in th is law su it, Mrs. Woods, what are you a lle g in g is discrim inatory against you? til. KAPLAN: Your Honor, I think that is not a proper question to ask th is w itness. The Complaint speaks for i t s e l f . She speaks as a member of a c la ss , th is is a c lass action of parents and students in the D is tr ic t a lle g in g r a c ia l discrim ination on severa l grounds including facu lty members. 1 think i t ' s not a proper question fo r her and ob ject. MR. THE COURT: W ell, o f course, she 's not representing the facu lty as a c la s s , Mr. Kaplan, she 's representing the ch ildren , some of her own ch ildren , as a c la s s , and discrim ination, r a c ia l d iscrim ination, is alleged against her children and a l l of these in a sim ilar c la s s , and Mr. S ta rlin g has a r igh t to ask her about i t . STARLING: I have no further questions, Your GLENN H PERRIN Of f ic ia l Co u rt Ra Federal B u il d in g EL Do rad o . A rk ansas 7 i7so Honor. THE COURT: Anything fu rth e r? MR. KAPLAN: No, Your Honor. P la in t i f f s w i l l reat at th la tin e . THE COURT: You may stand aside , Mrs. Woods. (Witness excused.) THE COURT: The Court w i l l have a few minutes' recess . (Whereupon, at 10:58 a .n . , a short recess is taken; thereupon, at 11:15 a .a . , the parties present as hereto fore, the fo llow ing further proceedings are I had, to -w it : ) i MR. STARLING: Your Honor,-* THE COURT: C a ll your f i r s t w itness. MR. STARLING: - - a t th is tine the defendants, under [ Rule 41 (b ) o f the Federal Rules, would lik e to move th is Court to dismiss the Complaints with reference to the fo llow ing a lle ga t io n s : (1 ) Those j a llegation s on which no proof has been offered as set forth in the Complaint, which includes the p la in t i f f Woods' a llega tio n concerning discrim ination against her ch ildren , which no testimony has been GLENN H. PERRIN Of f i c i a l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 17 9 0 327 11 iI i 12 13 14 | 15 j ! 16 17 j 18 22 23 j j 24 25 offered by her on that point. (2 ) Againsc Hrs. Evans, the a llegation s by Mrs. Evans that the placing her upon T it le I pay ro ll has discrim inated against her by making " i f funds were a v a ila b le " inso far as she has not lo s t any employment and has only gained monetarily by th is process. (3 ) As to Mr. Asive Thomas, (1 ) because he was not discrim inated against, and, (2 ) because there has been no r e l i e f shown i f the Court should determine he was discrim inated aga in st, because he has only increased his monetary standing since his termination at Tucker-Plum Bayou School D is t r ic t , and, too, he does not want his job back at the Plum Bayou School D is t r ic t . And, f in a l ly , I ask the Court to dismiss the Complaint with reference to the a lle ga tio n of Mrs. Lois Thomas, because Mrs. Thomas has not in any way proven the case that she has been discrim inated against in reference to the evaluation of the teachers, she has not shown this Court in any way or any evidence been offered in any way how she is more q u a lif ie d than any of the teachers that were retained by the D is t r ic t . MR. KAPLAN: Your Honor, our response is b r ie f and that is that defendants' motion exh ib its profound misconception of the status of the law in th is G L E N N H P E R R IN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g E L Do r a d o . A r k a n s a s t i 7 so 328 area. The status of the law basically la three cases In this c ir c u it , Saqth Va NorriUoo. Hancv v. S£.Yl«¥ CPMR^Y» «nd Jackson v . Wheatley School D is t r ic t , indicates that the burden la r e a l ly not upon the p la in t i f f , the burden rests an the defendants. A l l the p la in t i f f s have to show is discrim ination in the fac t that black teachers were not reh ired or in some way had teacher tenure or teacher status diminished, demoted, degraded in any way. Then the burden is upon the defendants to show that whatever happened to those teachers was not discrim inatory. I think that th a t 's very c lea r i in the la te s t teachings of this c irc u it in Jackson v « Wheatley and was equally c lea r in Hancv v . Sevier Countv. We have showed that black teachers were not reh ired , including Mrs. Lois Ann Thomas; that a black man was not even considered fo r the position of Coach, P.E. in structor, or c a l l i t what you w i l l , the fac t remains that the man taught four sections o f P.E. and was the Coach. We have shown that Mr8• Evans was not to ld u n til yesterday that she would be placed on Minimum Foundation i f there was an eventuality of removal of T it le I funds. We have shown that she was never even considered fo r a paying position , one that she had served in G L E N N H P E R R IN Of f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g E L Do r a d o . A r k a n s a s 71 73 0 araasnaw - D irect 329 for many, many, many years, that of Health Coordinator, which carries an add itional stipend in excess o f $500.00. I think that profound misconception of the status of the law prevents this Court from granting that motion to dism iss. THE COIRT: The Court w i l l reserve judgment. You may c a l l your f i r s t w itness. MR. STARLING: At th is time, Your Honor, I c a l l Mr. James K. Bradshaw. 111! 12 :| JAMES K. BRADSHAW. ca lled aa a witness on behalf of the defendants, having been previously duly sworn, te s t i f ie d as fo llow s: DIRECT EXAMINATION i 15 16 18 1» 20 21 22 24 25 BY m , STARLING: O Now, Mr. Bradshaw, a llega tion s 24 and 25 of the p la in * t i f f s ' Complaint they have a lle ged : "In terminating p la in t i f f Lois Thomas and severa l other teachers at Rosenwald School, the defendants reduced the to ta l facu lty by elim inating only black teachers." Mr. Bradshaw, in reference to that a lle ga t io n , 1 ask you, when did you begin to seriously consider the fact of un ifica tion and the problems which are inherent in that fact? A. In 1966-'67, the year 1 became Superintendent. G L E N N H P E R R IN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r ad o A r k a n s a s 7 i 7 so i 330 11 2 3 4 5 j| 6 |j i1 7 i ! 8 10 13 14 15 16 17 18 19 20 21 22 ji 23 ij 24 25 ! Q. What did you see as one of the aajcc problem In reference to the u n ifica tion of the School D istrict? A. W ell, a fte r a thorough study, I re a lised that upon u n ifica tion of the school that th is would asean a necessary reduction in teacher force and a certain number of teachers would have to be re leased . a When did you s ta rt taking a ffirm ative steps in the preparation o f th is problem of reduction o f teacher force? A. That was in 1968-'69, I be lieve i t was. Q. This the f a l l or spring or when? | A. In the f a l l . I was in contact with the D is t r ic t lega l counsel and asked for their advice on how best to fa i r ly I and le g a lly solve the problem of teacher reduction. (1 Being aware of the problem and acting upon your attorney1 s advice, what did you do as a so lution to th is problem? A. W ell, I rea lized that I had to come up with some method whereby I could f a i r ly and ob jective ly evaluate a l l 13 teachers, elementary teachers. a And in what way did you go about obtaining th is method of fa i r ly evaluating the teachers at the elementary schools? A. By reading and studying, and I had ideas on th is matter of my own. Bradshaw - D irect Q. Did you talk with any person in any state representative 331 i , 2 9 10 11 12 13 14 15 16 17 18 19 20 21 ;| 22 23 24 25 [ I capacity concerned with school districts? a. Well, I had some discussions with Mr. Turner, who is the County School Supervisor, on several occasions. a Did you discuss the problem of evaluation of the teachers in the elementary schools with Mr. Turner? A. Yes, I certainly did, on several occasions. a How many times did you visit with Mr. Turner concerning this subject? A. I would say approximately three or four times. Q. And would these be lengthy meetings or short or what? A. Yes, I talked with him at length on this matter. a Mr. Bradshaw, now, was this prior, your meetings with Mr. Turner and your preparation for the problem of the reduction in teacher force, was this prior to unification of the elementary schools? A. Yes, it was. a When were the elementary schools unified? A- I believe the decision was made at a Board meeting on March 28, 1969, that the two elementary schools would be unified commencing with the school term ’69-*70. O Now, upon receiving official notification of the elementary schools that they would be unified at the beginning of the school term 1969-'70 and that a reduction in teacher force was necessary, did you go about informing the teacher faculty that this fact was GLENN H PERRIN O f f ic ia l C o u r t R c p o r t u F e d e r al B u il d in g E L Do r a d o A r k a n s a s 71730 Bradshaw - D irect o r a a s n a w - Di r e c t 332 2 A. 3 » i 4 |! 5 j j |l6 11 7 lj 8 ! a 9 10 11 12 13 14 15 10 17 18 a A. a 19 20 A. a 21 | 22 23 A. 24 25 inevitable? Yes, sir, in April. I believe it was in April I held a meeting with Mr. Edwards and the teachers over at Tucker-RosenwaId School and informed them that upon unification of the schools that this would mean a reduction in staff and that a certain number of teachers would be released. How many teachers did you have at that time at the two elementary schools, both the Tucker-RosenwaId and the Plum Bayou Elementary Schools? At that particular time we had eight teachers at Tucker- Rosenwald School and seven at the Plum Bayou Elementary School. So a total of 13 elementary teachers? That is correct. Now, how many teachers did you determine it would be necessary--or it would have--it would be necessary to retain after the unification of the schools? It was felt that 10 teachers would be needed. Now, did you also hold similar meetings at the Plum Bayou Elementary School to explain to the white teachers what was coming in reference to unification? Yes, I held a meeting with the elementary teachers end explained the same thing, that upon unification of the schools that this would mean a necessary reduction in GLENN H PERRIN O f f ic ia l C o u r t R epo r t er F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 so staff and chat only ten teachers would be a M d d d . Ci Mr. Bradshaw, at cnese meetings you had with the teachers at the Plum Bayou Elementary School and the Tucker-RosenwaId Elementary School, did you mention to these teachers that you were attempting to devise soc© type of evaluation form? A. Yes, sir, at several of the meetings I met with the teachers and told them that we would need to come up with some method whereby we could fairly and objectively evaluate our teachers and that I needed any suggestion that they might have. Q- Did, in fact, any of the teachers at eitber of the schools give you any suggestions in reference to the evaluation form? a. Yes, sir, at one particular meeting that I recall, I believe it was over at the Tucker-RosenwaId Elementary School, I asked for certain criteria that could be used and they actually did suggest criteria which they felt could be used and would be fair. Q. And did you, in fact, use any of these suggestions or criteria in your evaluation form? A. Yes, sir. In fact, several of those that they mentioned appear on the form which was finally approved. a Did you also meet with the white elementary teachers in reference to the criteria which would be used on the GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u ild in q EL Do r a d o . A r k a n s a s 7 17 3 0 Bradshaw - D irect 334 1 ! 2 3 i j 4|| |j 5 i l 6 | 7 1 10 11 ! 12 I 13 14 15 16 1 17 18 20 I 2 1 ! 22 ■ 23 jl 24 25 jI evaluation form? a. Yes, s ir , I d id . a Mr. Bradshaw, after meeting with the teachers in the various schools concerning the unification and reduction in teacher force and the criteria to be suggested and utilized, what did you do at that point? A. Well, after the various meetings 1 took the suggestions and comments of the teachers along with my ideas and came up with a rough copy of the evaluation facia which I hoped could be used. Did you discuss this evaluation form or show it to Mr* B. E. Turner, the County School Supervisor? A. Yes, sir, I did. In fact, I kept in contact with Mr. Turner throughout this period of time. After I came up with the rough copy of the evaluation form, I did visit with Mr. Turner. Cl What did you and Mr. Turner do in reference to this form? a. Well, we took each criteria which was listed and discussed the pro's and con's of each, what each meonf, and what should be included in each criteria. a Did Mr. Turner approve the rough form as it was presented to him by you? A. Yes, sir, he did. In fact, Mr. Turner felt like this was one of the finest evaluation forms that he had seen GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r a l B u il d in g EL Do rad o A r k a n s a s 7 17 S 0 Oi. o u o a a i v j j l i e c L ijj developed. 2I! a After CO(ninS up with the completed rough draft of the a evaluation form which had been discussed with Mr. Turner, did you visit with the teachers at the Tucker- 5 jj Rosenwald and the Plum Bayou Elementary Schools to discuss the evaluation form and criteria with thee? 7 j A. Well, I did not specifically lay the form down and say 8 "This is it", but the criteria was discussed on several 8 i| occasions and they were all pretty well notified that 10 the criteria would be used cm the evaluation form. 11 i ^ Mr. Bradshaw, did any of the teachers of the Tucker - 12 Rosenwald Elementary School have any objections to the 13 1 final form as it was devised? 14 i A There was no objections to the criteria. 15 a Did you submit this form to the School Board at its 16 regular meeting for consideration and approval of the 17 form? | 18 A. Yes, sir, I believe I submitted this criteria April the 18 14th, 1969, at the regular Board meeting. i 20 a And did, in fact, the School Board at that meeting 21 j April 14th, 1969, approve the form as was devised? 22 1 A. Yes, sir, they did. 23 ' a Was this a public School Board meeting regularly 1 24 scheduled? 1 25 ; 4 A. It was. GLENN H PERRIN Of f i c i a l C o u r t R epo rter F e d e r a l B u il d in g t L Do r a d o . A r k a n s a s 7 t7 so 21 || A. And was it open to the public? Yes, sir, Did anyone at the School Board meeting objecc to the criteria on the evaluation form which you utilized or which had been approved by the Board? No, sir, there was no objections. Mr. Bradshaw, how long did it take you, including the various meetings which you had with the various teachers at both Plum Bayou and Tucker-Rosenwald and discussions with Mr. Turner and other persons concerning evaluation, to coaae up with this particular . I form? I spent over a year attempting to come up with an i evaluation form which I felt would be fair to all 15 teachers. I (Whereupon, a document is shown to counsel for the plaintiffs.) Mr. Bradshaw, I show you a document entitled "Criteria For Teachers", and could you identify that as the I evaluation form which you devised? Yes, sir, that is it. 22 I 23 2* i 25 f1® • STARLINGi 1 would like to have it marked for identification and entered into evidence, Your Honu*.. THE COURT: Let it be received. GLENN H PERRIN O f f i c i a l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 * 0 Q. Mr. Bradshaw, prior to the School Board's decision of April 14th, 1969, to approve the evaluation form which you had come up with, had you ever previously suggested another type or another method of evaluating the 15 teachers involved? A Yes, sir, I had, Q. And what was that? A Well, when I was in contact with the District's legal advice I was advised to come up with some objective method in evaluating the teachers, and I felt like the written objective test was the fairest and would most certainly be the easiest solution, just simply to have all 15 teachers take this written objective test, one which would have been prepared by National Testing Service and graded by National Testing Service, thereby the 10 teachers scoring the highest would be retained I and the five lowest would not have been retained. a Did you utilize this type of test? A No, s ir , I did not. I Q. Why? A. Because of the objections on the part of the Negro teachers at the Tucker-RosenmaId School. I a What were their objections based on? What did they say to you? A Well, they simply went to Mr. Turner’s office en masse GLENN H PERRIN O f f i c i a l C o u r t R kfo rtkr F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 I7 so ijraasnaw - D i r e c t 337 Bradshaw - D irect 33fc 3 a 4 5 || A. 6 a 7 i A‘ »|| a and protested to the use of such— of the written teat. Indeed, they wanted another method used. Did you a lso discuss this type of ob jective test with the white teachers at the Plum Bayou School? Yes, I certa in ly d id . What was their reaction? I t suited them and they were w il l in g to take the te s t . Did you, in fa c t , give th is type of test? 9j| A. 10 |! Q. 11 j A. 12 ' 13 14 15 10 17 18 | A 19 a 20 21 |j 22 A. 23 ii 24 25 No, s i r , I did not. What was your reason for not g iv ing the test? W ell, I wanted to come up with something which I could f a i r ly and ob jective ly evaluate every 13 teachers in the j D is t r ic t as f a i r ly and ob jective ly to the best o f my i a b i l i t y . Did any of the Negro teachers suggest that you, in fa c t , ; u t i l iz e the type of c r it e r ia or form which you la te r came up with? Yes, they did . When did you s ta rt actua lly evaluating the elementary | teachers in reference to the evaluation form which has been approved and submitted into evidence? My evaluation was not started u n til a fte r the 14th of A p ril meeting, which the Board approved the c r it e r ia , and then my evaluation was made in reference to the approved evaluation form. GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 * 0 339 3 4 5 ; 6 7 8 10 11 12 13 14 15 II 16 17 I 18 19 20I, 22 23 24 I1 & Did you ask Mr. Edwards, the Head Teacher at Tucker- Rosenwald, and Mrs. Blair, the Head Teacher at Plum Bayou, to make their own independent evaluations of their teachers and give them to you? A. Yes , sir, I did. a And did, in fact, they give you their evaluations? A. Yes, they did. Q. Were they cm the forms, or were they evaluation*<«were their teachers evaluated with reference to the form that was approved by the School Board? A. No, sir, I did not ask Mr. Edwards or Mrs. Blair to maka their evaluations on the form which had been approved by the Board, I simply asked them, if they would, just think about the abilities and qualities of the teachers which they had and give me their thinking as far as their teachers were concerned. a Did you utilize either Mr. Edwards' evaluation of his teachers or Mrs. Blair's, the Head Teacher at the white Plum Bayou School? A. As I testified yesterday, I did not utilize these evaluations. I did look at them, but I did not use them on my evaluation. a Why did you not utilize their evaluations, Mr. Bradshaw, of their own teachers? A. Well, Mr. Starling, at first 1 thought this was the best GLENN H PERRIN O f f i c i a l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 17 3 0 araasnaw - D irect l u r a a s n a w - Di r e c t 340 3 6 7 | 8 | 9l 10 I 11 1 I12 i, 13 14 15 16 17 18 19 20 ij 21 jj 22 : 23 ! Q. ij 24 j 25 way, but then I changed my mind in that I f e l t l ik e — 1 f e l t l ik e th a t th is would not be p u tt in g as g re a t a burden on me, and then I changed my mind and I decided I would not use th e ir e v a lu a t io n forma fo r these re a so n s : F i r s t , 1 am the Superin tendent o f Plum Bayou- Tucker School D i s t r i c t , and i t i s my u lt im a te r e s p o n s ib i l i t y fo r d e c is io n s such as t h i s , and I was w i l l i n g to take the blame fo r those teach ers who would not be r e -c o n tra c te d w ith . N ex t , Mr. Edwards o r M rs. B la i r on ly eva lu a ted th e ir teach ers in th e ir s ch o o l, and I d id not f e e l l ik e Mr. Edwards or M rs. B la i r cou ld i n t e l l i g e n t ly dec ide which teach e rs to be re ta in e d and which ones not be re ta in e d in that they d id not know the a b i l i t i e s or c a p a b i l i t i e s or q u a l i t i e s o f the teach ers in the other s c h o o l. Only I was in a p o s it io n to know th a t , and i t was my r e s p o n s ib i l i t y to make the e v a lu a t io n and make recomeiendation to the Board , so 1 d id . And one o ther reason was t h i s : That Mr. Edwards I or Mrs. B la i r was not inc luded in the e v a lu a t io n , they cou ld not have o b je c t iv e ly eva lu a ted them selves in I re fe re n c e to the other te a c h e rs , and th is had to be done, and on ly I was in a p o s it io n to do th a t . I Mr. Bradshaw , when the School Board voted an March the 28th, 1969, to u n it iz e the e l emen ta ry sch oo ls v o lu n t a r i ly , how many elem entary teach ers w ere there a t GLENN H PERRIN Of f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s t it s o iiraasnaw - D irect 341 i , 2 A. 6 : j a 7 | 8 1i ij 9 ij 1 0 j j A. 11 I Q 12 >! 13 i A. a14 15 i 16 17 18 19 20 21 22 23 24i a 25 the Tucker-Rosenwald and Plum Bayou Eiwuienciiry Schools? At that time we had eight Negro teachers at the Tucker- Rosenwald Elementary School; we had seven teachers at the Plum Bayou Elementary School, which was six white and one Negro. Now, I believe you testified that the determination was made that of those 15 elementary teachers, only 10 would be needed after the unitisation of the schools, is that correct? Yes, sir, that is correct. Have there ever been any objections to the fact that only 10 of the 15 teachers would be needed? No, sir, there was no objections. In determining which teachers would be retained and in utilizing the evaluation form which had been approved by the Board, did you just compare the abilities, the overall teaching abilities and qualities of the Negro teachers? No, sir, I did not, I took both the teachers from the Tucker-Rosenwald Elementary School, the teachers at the Plum Bayou Elementary School, and put them together and evaluated them in reference— all 15 in reference to the criteria which is listed on the evaluation form. Mr. Bradshaw, I show you an enlargement that I have prepared entitled "Plum Bayou Elementary School and GLENN H PERRIN O f f i c i a l C o u n t R epo r t er F e d e r a l B u il d in g E L Do r a d o . A r k a n s a s 7 1 7 so 1I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DL dU K U A W - u irecc 342 Tucker-RosenwaId Elementary School, 1968-1969* ana on that enlargement drawing I have lis ted those teachers who were teaching at the Plum Bayou Elementary School In the school year '6 8 -'6 9 , and their names are B la ir , Dye, Ramsey, Rosen, W i l l i s , Moore, and Keith, and at the Tucker-Rosenwald Elementary School, Edwards, Evans, Clark, Davis, Gordon, Thomas--that is Lois Thomas, Dora Thomas, and Kidd. Now, 1 ask you i f these are the teachers that were teaching at the various elementary schools p rio r to the evaluation? A. Those a re the teachers. Q. A n d I ask you, when you made your e v a lu a t io n , d id you ju s t e v a lu a te those te a c h e rs * - A. No, s i r , I d id n 't . Q. - -o r did you evaluate a l l teachers? a . No, s i r , 1 put a l l 13 teachers together. & Mr. Bradshaw, I a lso have an enlargement of the Defendants' Exhibit No. 4, which is the evaluation form which you u t i liz e d , and I ask you i f that enlargement represents the Defendants' Exhibit No. 4, which i s , in fa c t , toe evaluation form? A. Yes, i t does. 0- Mr. Bradshaw, would you explain the various c r it e r ia u t iliz e d in that form? GLENN H PERRIN Of f ic ia l Co u rt R eporter F ederal Bu ild ing EL Do rad o . A rk an sas 7i7»o U i a u a u a w — U l i e C C 343 A. Yes. We used “Teecfter Competency", "Ability to jiaxncain Classroom Discipline", "Teacher-Teacher Relationship", ■Teacher-Pupil Relationship", "Cooperation with Total School Program". 0- What about "Number of Years Teaching Experience"? A Mr. Starling, I did not look at teaching experience unless the other factors resulted in a tie. & Mr. Bradshaw, how did you come up with this or names, is there any reason? A There is no reasoning for it, I simply thought of the teachers we had in the District and wrote their names I down. a Are these all 13 elementary teachers, including both black and white? A Yes, they are. 0> Mr. Bradshaw, what is "Teacher Competency" or how is it broken down? A Well, under "Teacher Competency", we have broken this down as the ability to relate, in other words, the teacher's ability to relate to the students, and we also listed under there preparation, which would take into consideration the academic training, naturally, which we would have to look at the transcript and certification. a What about "Ability to Maintain Classroom Discipline"? GLENN H PERRIN O f f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 I7 SO Bradshaw - D irect 344 l ! A. 2 3 4 i . |i 9 6 a 7 A. 8 9 10 a 11 12 A. 13 14 15 16 a 17 18 19 20 A. i 21 22 a 23 " A. 24 25 a Under this we listed ability to have control in the classroom to the point where there is mutual respect between the students and students and the teacher. Also under this we listed that an atmosphere conducive to a learning situation should exist in the classroom. "Teacher-Pupil Relationship®? Yes, under this I have listed that a teacher should have warmth and love for each student in her class or ones in which she is working with. And, finally, "Cooperation with the Total School Program"? Under this one we listed, you might say, cooperation, teachers with the teachers, teachers with the Superintendent and the Board of Education in trying to meet the objectives of the School District. Now, Mr. Bradshaw, would you explain--first of all, when you evaluated the teachers, did you evaluate them in reference to the grades or subjects which they I taught? No, sir, 1 did not. I simply evaluated the teachers on their overall ability. Why? Because in the elementary schools, teachers are supposed to be able to teach all of the required courses. i Mr. Bradshaw, would you explain to the Court the method _____________ — ---------- -------------------------- - ........ . * ' — GLENN H PERRIN O f f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in s EL Do r a d o . A r k a n i a i 717 so 1 Bradshaw - D irect o f scoring that you u t il iz e d in coming up with the *'! A. 7 1 a 10 !i a. a A. 11 12 j 13 14 15 || 16 17 8̂ li A !! A’ 19 j l 20 Q. 21 j| 22 |j A. 2 3 |! i |j 24 29 evaluation? Yes, sir, I used a score of -1“ to "5“ , "1" representing the high score, the "5" the lowest, and the teachers coining up with the lowest number of points would be ranked as the highest teacher. And when you went down the list evaluating these teachers, you would put in here what, from your personal observation, what you felt each teacher-- Yes, I took each criteria and rated the teacher with a score of “1“ to *5“ on each of the criteria used. Did you to ta l them a fte r that? After I had gone through each teacher, I then totalled the teacher’s points. Mr. Bradshaw, did you know the abilities or capabilities or the abilities for classroom performance of each of the teachers involved in this evaluation? I Well, I feel like I was the only one in the District that could do this in reference to all 15 teachers. Did this knowledge come from classroom visits or personal observations? Yes, this was based upon classroom visitations and observations and my knowledge of the teachers over a three-year period of time. How often would you, or did you have a policy of GLENN H PERRIN Of f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in g E L Do r a d o . A r k an s a * 7 i t *o —I 1! 2 3 4 5 e 7 8 9 10 11 12 13 14 15 1« 17 18 1» 20 21 22 2 3 24 25 v is it in g each teacher’ s classroom both at ?lua. Bayou and Tucker-Ros enwald? A. Y e s , I c e r t a in ly d id . Q. How often or how frequent were these v is it s with reference to the Tucker-Rosenwald School? A As I previously t e s t i f ie d , I did try to v i s i t the c la s s room at least once a month for observation. a Mr. Bradshaw, Mrs. Thomas te s t i f ie d that you did not v is i t her classroom, Lois Thomas, at a l l during the years 1966-’ 67 or ,6 7 -,68. I ask you, did you v is i t Mrs. Thomas' classroom? A. I most certa in ly d id , I was in every classroom in the Plum Bayou-Tucker School D is t r ic t . a How often during the years '6 6 -'6 7 , '6 7 -'6 8 , would you say you v is ite d Mrs. Thomas' classroom for observations o f her teaching performance? A In *67-'68? a '6 6 - ’67 and '6 7 -'6 8 . A. I imagine I was in her class on *66-'67 year maybe a couple o f times because I only took over a fte r A p r il the 4th, but in the *67-'68 year, I am s a t is f ie d that I was in her classroom probably eight times. a Mr. Bradshaw, did you pay sim ilar v is it s to the Plum Bayou Elementary white school a t that time? A Yes, I certa in ly d id .__________________ G L E N N H P E R R IN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g E L Do r a d o A r k a n s a s t i t » o B r a d s h a w - D i r e c t n r d u s n a w - Direct 347 a 2 3 4 A. 5 Q. !i 6 A. 8 Q- 11 12 13 14 15 16 17 A. 18 I Q. 19 20 21 ?2 A. 23 24 Did Mr. Edwards, the head Teacher at the Tucker-Rosenwald School, make sim ilar v is it s to the Plum Bayou Elementary School tor observation of teacher performance? No, s ir , he did not. Did he ever? He did not come to the school to make personal observations within the classrooms. Did Mrs. B la ir , the Head Teacher o f the Plum Bayou Elementary School, ever go to the Tucker-Rosenwald Elementary School for the purpose o f personally observing teacher performance of those teachers? To my knowledge, Mrs. B la ir never did v i s i t the Tucker- Rosenwald Elementary School for th is purpose. Who was the only person in the D is tr ic t who had the opportunity to observe the teacher performance o f a l l o f the teachers, elementary teachers, in the D is tr ic t? I was the only one that had th is opportunity. Mr. Bradshaw, once you had made your evaluation o f the teachers, can you name the rank o f the 10 teachers or name the 10 teachers and rank which were retained and the f iv e teachers which were not retained? Yes, s ir , I think 1 can g ive those to you. I b e lieve Mrs. Blair was retained as No. 1; No. 2, a Janet Dye— Janet Dye W all; No. 3, i t was Mrs. Robbie Keith; No. 4, Mr. Jean Edwards; No. 5, Mrs. Juanita Moore; No. 6, Mrs. GLENN H PERRIN O fficial Count Reporter Federal build ing CL Dorado A rkansa* t i 7»o Altftea W ill is ; No. 7, Mrs. Nancy Rosen; No. 8, Mrs. A rtie Davis; No. 9, Mrs. Lucreasia Jivans; No. 10, Mrs. Maxine Clark. a Now, Mr. Bradshaw, w h a t — who were the five teachers who were not retained in the order of their rank? A Would you repeat that, please, sir? U Who were the five teachers who were not retained in the order of their rank? A I believe that was Mrs. Ramsey, M rs. Gordon, Mrs. Lois Thomas, Mrs. Dora Thomas, and M rs. Kidd, a I am going to show you an enlargement drawing which 1 have made of the rankings of the teachers after the evaluation and ask you if it fairly represents what you have just stated in reference to the teachers retained and not retained? A Yes, sir, it does, a Now, is Mrs. Blair white or black? A Mrs. Blair is white, a She is white? A Yes, sir. a And Mrs. Dye? A Mrs. Dye is white, a S h e ‘s white? A Correct, a Mrs. Keith? GLENN H PERRIN O f f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7i7ao B r a d s h a w - Direct 348 Bradshaw - D irect 349 1i A.I White. 2 a And Mr, Edwards? 3 A. Black. 4 a He is Negro, right? 5 A. (Nods head affirmatively) 6 a Mrs. Moore? 7I A. White. 8 Q.1 She's white. Mrs. Willis? 9 A. Black. 10 a Mrs. Rosen? 11 A. White. 12 a Mrs. Davis? 13 1 * Black. 14 a Mrs. Evans? IS A. Black. 18 a And Mrs. Clark? 17 A. Black. 18 a Now, after this evaluation of the 13 teachers, Mr. 19 Bradshaw, how many Negro teachers were retained? 20 A. Five. 21 1 a And how many white teachers were retained? 22 A. Five. 123 a And how many black teachers were not retained? 24 A. There were four. 25 a Who are they? GLENN H PERRIN O f f i c i a l C o u r t R ip o r t ik F e d e r a l B u il d in g E L Do r ad o A r k a n s a s 7 i 7 so o r a usnaw - D i r e c t 350 i1II A. 2 3 a 4 A. 5 I a |!6 1 A. 7 i a 8 9 A. 10 a 11 A. 12 ! a 13 14 A. 15 a 16 A. 17 a 18 19 1 20 j A. 21 | il a 22 A. 23 ' a 24 ! A. 25 |l l i l| Mrs. Gordon, Mrs. Tnctuas --Mr s . Dora Thomas, ar.d Mrs. Lois Ann Thomas, and Mrs. Kidd. And how many white teachers were not retained? One. And who is that? Elizabeth Ramsey. Mr. Bradshaw, when you made the evaluation, did you know that Mrs. Ramsey was going to resign? No, sir, I did not. When did she give you her resignation? It was after this evaluation had been made. When you made the evaluation, did you know that Mr. Edwards was going to resign? No, sir, I did not. When did he give you his resignation? It was after this evaluation had been made. Now, when Mr. Edwards resigned and Mrs. Ramsey resigned, did you go out and hire additional white teachers to fill those positions? No, sir, I did not. What did you do? Mrs. Gordon moved up— Into No. 10? --into No. 10 position. Mrs. Lois Thomas moved up into 11th position, Dora Thomas to 12, and Mrs. Kidd to No. GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 t7 »o 1/ M.X. tV , t 351 1 | 2 a 3 A. 4 a 5 i i A-■ 6 a 7 j A 8 ' a 9 1 10 A 11 ! a 12 1 13 14 A 15 16 1 17 18 a 18 A. 20 a 21 j 22 A. 23 a 24 29 13. Is iMrs. Gordon a plaintiff in this lawsuit? No, sir, she is not. Is Mrs. Dora Thomas a plaintiff in this lawsuit? No, sir, she is not. Is Mrs, Armenia Kidd a plaintiff in this lawsuit? No, sir, she is not. Mrs. Lois Ann Thomas, of the five teachers not retained, is the only plaintiff in this lawsuit, is that correct? That is true. Now, did you submit the list of teachers wh o you recommended to be retained and those not to be retained to the School Board? Yes, sir, I did and made recommendations that they be reemployed and those three that were the lowest rank would not be re-contracted with for the upcoming school year. At that meeting--was this a public School Board meeting? Y e s , s i r , it w a s . And was it, in fact,--how was it made public, was there a publication in the paper? Yes, sir, we give notice to the news media. Were there any objections made to the manner in which this evaluation was made or the outcome at that public School Board meeting? GLENN H PERRIN O f f i c i a l C o u r t R epo rter F ed er a l. B u il d in g EL Do r a d o A r k a n s a s 7 17 * 0 U 1 1 C L t 352 T 1 * 2 0. 8 A. » ; a 10 A. ij 11 ; 12 ii Q. 13 iiIi j 14 15 j! I: 16 |; 17 18 '|| 19 20 A.I i! 21 |j 22 23 24 25 No, s i r , chert were no objections. When you made your recommendation to the School Board concerning those teachers who would be retained and those teachers who would not be retained, was there any state ment by any member of the School Board or by yourself concerning the race of any of the teachers retained or not retained? No, sir, there was none. Did they, in fact, approve your recommendation? Y e s > 8 i r , the teachers were employed for the upcoming school year. Mr. Bradshaw, throughout this period that you were revising this evaluation form, that you were actually | evaluating the teachers, and after that, and during the meetings which you had with the Negro teachers and the Negro faculty members relating to the unification of the j schools and the evaluation form, did you ever make any statement that you would not dismiss any white teachers to hire black teachers in reference to your evaluation? No, sir, I have never made such a statement. In fact, if I had made such a statement such as that, then there would have been no need of going to all the trouble to come up with an evaluation form. There has been no statement made on my part of that nature. Well, did you, in fact, dismiss one of the white GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u il d in g EL Do r ad o A r k a n s a s 7 i7 s o a r a a s n a w - Direct 353 1 |i || 2 A. 3 a 4 5 j ;I |l 6 10 11 ;l 12 13 14 15 ! 16 1 7 1 18 ; a 20 21 ji 22 l| 23 : A. 24 11 Q- i 25 teachers, or that was not retained? Mrs. Ramsey was not reemployea. At anytime during this evaluation period or prior to it or during the unification of the schools or at anytime have you made any statement to the Board, to the School Board, or to the patrons of the District, or to any of the members of the faculty, both black and white, that your evaluation would be based upon race? No, sir, I have not. We realized that problems that has arisen in teacher reduction when schools were unified, and this is one thing that we were trying to do is come up with a method whereby we could fairly do this and avoid any court action, because we realize that it's time consuming and most certainly expensive, and our District had done everything up, including our teacher selection, as we had been directed to do so by Health, Education and Welfare„ Mr. Bradshaw, as Superintendent of the District and the person to whom responsibility of deciding which teachers would be retained and which teachers would not be retained, what were your aims and goals in reference to the evaluation of these 15 elementary teachers? Would you repeat that, please, sir? Since you were the Superintendent of the School District and basically it was your responsibility to determine GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 717SO a r a u s n a w - Direct 354 — il- 10 I n i j |l i 12 I1 i j 13 14 !| || 1 5 j j 16 I2 1 |j 22 23 Q. 24 wnich teachers would be retained and which teachers would not be retained, what was your ideals and goals in reference to the evaluation of the 15 elementary teachers? Well, really, on the rejection of this written objective test on the request by the Negro teachers, I spent some time in diligent search trying to come up with an evaluation form which I felt actually would be fair and would take in certain qualities which are necessary, and I talked to different people, I read on this topic, I utilized suggestions by the teachers themselves, and 1 actually did come up with the evaluation or the criteria which was approved by the Board and by the majority o f the teachers, and I actually used these or applied them to every one of the teachers in a fair and as objectively as 1 possibly could using my own personal observation, judgments, classroom visitations, and knowledge of the teachers based over three-year period of time in an attempt to come up with what I felt the most capable teachers that we presently had, and it's possible that I have made some mistakes, but if so, these mistakes are based on my own objective judgments. Mr. Bradshaw, have you ever been in a School Board meeting at anytime when Mr. Archer, a School Board member, or any of the other School Board members, GLENN H PERRIN O f f i c i a l C o u r t R ep o r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 3 0 355 nxrausnaw - Direct 6 A. 7 8 i ai° j i 11 ; 12 ' I 13 | 14 15 16 17 18 19 A. 20 !! n !| 21 J A. 22 Q, 2 3 24 j| A. j 25 particularly during the perioo of evaluation and un^ ^ ca*-s‘on process, where they made any statement to the effect that their ideals or their goals or the District's aims were that they were not going to dismiss any white teachers to hire any "Nigger" teachers? Mr. Starling, I feel that my Board members realized what the situation was and there has never been such a statement made in any Board meeting which I was in attendance. Mr. Bradshaw, in reference to Mrs. Lucreasia Evans, have you ever told Mrs. Evans that, in reference to her being on the Title I payroll, that if funds became unavailable, that she would not be able to work in the classroom? Mr. Starling, I have never told Mrs. Evans that if Title I funds was cut off, that she was out, never. Was Mrs. Evans one of the teachers retained in your evaluation? Yes , sir, she was. And was she evaluated on her overall ability? That is correct. And if Title I funds became unavailable, would she be retained by the District? Yes, because she was evaluated as— on her overall ability she ranked in the top 10, and she would have GLENN H PERRIN O f f i c i a l C o u r t R epo rt er F e d e r a l B u il d in g E L Dor ado A r k a n s a s 7 1 7 * 0 “T o * . o u a i u i w ■ » u u e c c l 356 2 Q. 4 A. 10 11 12 13 14 15 A. 16 17 18 1 9 A.ij i i 20 Q. 21 22 jl A. 23 24 25 been u t iliz e d in the regular school program. Did you assign Mrs. Evans the job o f health Coordinator at the Tucker«Rosenwald School? No, sir, I certainly did not, and I did not know that she considered herself as the Health Coordinator. I assumed chat this is probably a responsibility that Mr. Edwards had given to Mrs. Evans because from time to time the Principals do request teachers to assist in some of these various responsibilities. Did Mrs. Evans ever tell you that she was the Health Coordinator? No, sir, she did not. Did Mrs. Evans ever request that you pay her for her duties as Health Coordinator? No, s ir , she did not. Did Mrs. Evans ever request that you compare her or request that you give her the opportunity to be a Health Coordinator in the place of Mrs. Robbie Keith? No, sir, she did not. How long has Mrs. Keith been the Health Coordinator at the Plum Bayou Elementary School? It's my understanding that Mrs. Keith was placed under the Title I program as Health Coordinator during Mr. Anderson’s administration back in 1965-’66 school year. Is this something you are contracted for? GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u il d in g EL Dor ado A r k a n s a s 7 1 7 3 0 Bradshaw - D irect- i 357 2 1 a 3 J I * A. 5; a 6 j ! ij 7 || 8 :| A. 10 11 12 13 14 15 i 16 17 18 19 20 21 22 i j 23 ' j 24 || 25 i Yes, there is a contract on this. And the name of her official capacity under that contract is "Health Coordinator"? Title I Coordinator, that is correct. Do any of the white teachers on Title I or under the Title I program receive the regular payroll bonus at the end of the year? If the Court would permit me, I would like to elaborate on this bonus business. Mr. Starling, what this bonus amounts to is this: We have certain laws which state that we must expend X-number of dollars from the Minimum Foundation Aid on teachers' salaries, and from time to time districts do fail to contract a sum of money that will satisfy that particular law, and upon audit of our books the State Department will give us notice that our District must pay, in the form of a bonus, to the teachers under the regular program money in the amount of the underpayment, that is what it amounts to. Title I teachers do not participate in this bonus. I might state this: We have followed this particular practice as far as Title 1, every time there is a pay increase for the regular teachers, then there is a pay increase for Title I teachers that is on contract. Did Mrs. Evans receive this pay increase? GLENN H PERRIN O f f i c i a l C o u r t R epo r ter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 * 0 358- DiT»uan»¥r-— urrcctr "— r 2 8 4 I6 7 ' 8 ! II:i 10 I| n 11 1 2 i| 13 14 15 i ie 17 19 21 I 22 I 23 !| |i 24 25 A. Yes, sir, she has. & Who is the highest paid elementary teacher in the Plum Bayou School? A. In the Elementary School? a Yes. A. At the present time, Mrs. Evans is the highest paid elementary teacher that we have in the District other than the Head Teacher. 0. Mr. Bradshaw, in reference to Asive Thomas, now, I believe— when was he employed at the Tucker-RosenwaId School? A. I believe I testified yesterday that Mr. Thomas was employed January 26th or January 28th of 1966. i Q. And what was he employed to do? A. He was employed as a Social Study teacher. Q. Do you have Physical Education or coaching duties at the elementary school at Tucker-RosenwaId? ! A. As I testified yesterday, we do not have an organised Physical Education program or coaching on the elementary level, no, sir. 0- So he was hired to teach Social Studies? A. Yes, sir. 0- Now, who was the--at this time who was the Social Studies teacher or Physical Ed teacher at the Plum Bayou High School? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n o EL D o r a d o . A r k a n r a r 7 1 7 * 0 oiouauow - uirect 359 2 :| C, 3 A. 5 a 7 II A. 8 1 a 9 i i A . 10 Q.!'i n | j A. 1 2 i j 13 14 15 16 17 18 19 'iI j 20 !j 21 l! 22 23 24 25 i a Was this *66- ’67? We had a Mr. Hunter Douglaa. And what was tie hired to do? Mr. Douglas was employed to work as a Social Study teacher and Physical Education. Then at the high school do you hire just a man for Physical Ed? No, sir, we do not. Do you hire a man just to coach? No, sir, we do not. What do you hire him as? We hire them as a Social Study teacher and Physical Education. What were the reasons that you did not renew Mr. Asive Thomas' contract in 1968— '67-'68? j The reason I testified to yesterday was that Mr. Thomas was weak as far as providing instruction in the area of Social Studies, he was not fully certified in this area, and as--on my personal observation, actually, he did not show a great interest in Social Studies, I think he was primarily interested in Physical Education, but the reason I did not recommend that he be reemployed by the District was because he was weak in the area of providing instruction to the boys and girls of our District in the area of Social Studies. Now, at the same time that you did not renew Mr. Thomas' GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 contract, what did you do in reference to Hunter Dcu^Liua i who was occupying basically the same position in the Plum Bayou High School as Mr. Thomas was in the Tucker- Rosenwald Elementary School? a. Mr. Douglas was released for the same reason. Mr. Douglas was weak in the area of Social Studies as far u i a u a u a w - U i r e C C 7 il 9>l 10 Q. i| 11 | A. 12 Q, || 13! 14 1 15 16 17 I A. a 18 19 20 21 |l 22 j Q. 23 ' 24 A. a as providing instruction, he was not certified, there fore, I made recommendation to the Board that his contract not be renewed. Was he white? Yes, sir, he was. So, in other words, both Mr. Douglas and Mr. Thomas, both had their contracts not renewed at the end of the '67-*68 year, one was white and one was black, is that correct? That is correct. And who did you hire for the job of Social Studies teacher and Physical Ed teacher at the Plum Bayou High School for the year '68-'69? A Mr. Bruce McConnell was employed by the District for that position. Was Mr. Me Connell--did he— after employing him, did he appear to teach Social Studies in a competent sianner? Yes, sir, he did. Wasjie certified in both Physical Ed and Social Studies? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i 7 » o A-* **■ V.V- W 36] l|j A. 2 3 0. 5jj A. 6 7 |j a 8 :! 9 , A. Yes, sir, he was fully certified in Social Studies aad Physical Education. And I believe you testified yesterday that Hr. McConnell left in 1970, is that correct? At Che end of the '69-'70 school year, y e s , he submitted his resignation. And was it a white man that you hired for that job after that? No, sir, I did not. 10 ij a ii Who did 11 1 || A. 1 hired 12 J Physical 13 i a Is he a 14 i A. Yes, sir 15 MR. ie MR. 17 My c 18 10 i 20 j 21 j I 22 II 23 !l MR. |j 24 ji 25 THE COURT: Well, 1 think probably under the circumstances we better— it's a little after the 12 o ’clock time, we better recess for the noon hour, and I wonder if we could try to come back about 1:15— CAPLAN: Yes, Your Honor, THE COURT: --or just as soon thereafter as you can. GLENN H PERRIN Of f ic ia l Court R eporter Federal Bu ild ing EL Do rad o . A rk ansas 71730 theYou may stand aside, Mr. Bradshaw, Court will be in recess until approximately 1:15. (Whereupon, at 12:03 p.m., the noon recess i, taken thereupon, at 1:18 p.m., the parties present as heretofore, the following further proceedings are had, to-wit:) MR. STARLING: Your Honor, if I may, at this time, I have one witness who I am only going to ask one basic question of and she needs to get back, and may I step out of turn and call her very briefly, I only have one question to ask of her. MR. KAPLAN: I have no objection, Your Honor. THE COIRT: Well, with the agreement of Kr. Kaplan, why Mr. Bradshaw will step aside, of | course, and bring this party on for the limited purpose. MR. STARLING: Mrs. Gordon! G L E N N H P ER R IN O r r i c i A L C o u r t R epo rter F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 * 0 ww*. - ui r e c c 36 2 5 ,, ALTHEA GORDflM, called as a witness on behalf of the defendants, being fir8t duly sworn, testified as follows: DIRECT EXAMTN.Tynu BY MR. STARLING: G A 8 1 G A. 10 li G A. 12 13 14 ; 15 16 17 18 A. G A G 19 20 21 22 A. G 23 24 25 Would you state your na.se and address, please, ma'am? Althea L. Gordon. Where do you live, Mrs. Gordon? Route 1, Box 231, Sherrill. How are you employed or where do you work? Plum Bayou Elementary School. THE COCRT: Will you talk a little louder, please, Mrs. Gordon? Plum Bayou Elementary School. During the school year 1968- 'fid aiay i,0° o9, did you work at the Tucker-Rosenwald Elementary School? Yes, I did. Are you aware of the evaluation which Mr. Bradshaw made in reference to the teachers of the elementary schools, did you know that he was making an evaluation? I think so. When-were you ever present at any of the meetings where Mr. Bradshaw was with the Negro teachers of Tucker- Rosenwald School? Yes, I was. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t * * F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 V/% vjoxuuii - ux r e c c 364 i j| 2i| 3 jj 4 ll 5 |l i l6 7 I 9 10 I 1 1 ! 12 1 I 13 14 15 0. I am only going to you one more question Mrs. Gordon, and as I told you, all I wane is Che truth, not asking you to take sides one way or the other. Did you ever hear Mr. Bradshaw in any of those meetings ever state that he was not going to fire any white teachers to hire any "Nigger"? A. "Nigger"? I don’t think so, I don't recall hearing "Nigger". <1 Did you ever hear him say he was not going to fire any white teachers to hire any white— I mean any black or any "Nigger" teacher? A. No. MR. STARLING: All right, that's all, Your Honor. THE COURT: Just a minute. 16 17 18 20 2 1 j| 22 1 23 1 i j 24 25 CROSS EXAMINATION BY MR. KAPLAN: Q. Mrs. Gordon, how long were you a teacher in the District? A Let me see, now. Four years at Plum Bayou--I mean Tucker-RosenwaId, and this is my second year at Plum Bayou. Q. What subjects did you teach at Tucker-Rosenwald? A Second Grade. 0- All of the time that you were there? A Yes. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 » o vjuiuvmi - or os s ! 365 a At the time that you came chare, did you have a certification in elementary scnool education? A Yes. Q. Did you also have a certification in high school Home Economics? A Well, they had to be turned in to the State Department, see, they wouldn't allow me to have two certificates at once. Q. I see. But you did at one time possess that? A Yes. Q. All right. Were you present at a workshop that Mr. Bradshaw addressed--were you present in a workshop given by Mrs. Kidd at the Tucker School? A Yes. Q. All right. At the end of that workshop, did Mr. Bradshaw make some remarks to the teachers? A I think so. I think he talked, but I don*t--(interrupts self) Q. Do you remember? A No, I don't remember just what it was about. 0 Do you remember him saying anything at that meeting, or do you even remember him being there? A He was there. Q. Do you remember anything that he said? A No.__________________________________ GLENN H PERRIN O f f ic ia l Co u rt R eporter F ederal Bu ild ing EL Do rado . A rk an sas 7 i7 »o 366 1 0. Do you remember wnat the subject matter waa chat he 2 spoke about? 3 A. No. 4' 0- Do you remember anything at all about the meeting, 5ij either what happened before he got there or what happened ll 6 1| after he got there? 7 !j A. Well, I don't know exactly what Mrs. Kidd's subject was 8 !| that day. 9 |j Q. All right. Do you remember that it was a workshop? 10 I A. 11 a 12 A. 13 a 14 A 15 16 17 a 18 19 i A1 20 a 21 i 22 23 1 A 24 a 25 A It was. All right. But you don't remember what she said? % t No, I can't recall offhand. Did Mr. Bradshaw participate in the workshop in any way? I don't think so. I think just after she finished what she had to say, I think he made a few comments, but I don't know exactly what they were. Do you remember even what the subject matter of his comments were? No, I don't, I am sorry. Were you present at a meeting in the Wright School when either Mr. Bradshaw or anyone from the School Board ever said anything about unification? Yes. Do you recall when that was? No, not exactly. It was early spring, I think. GLENN H PERRIN O F F I C I A L C O U R T R V O K T W F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7t7»o u o x ;u u n - cross 36? 1 ;II 2 !l 3 4 5 j ; ii6i! 7 li 8 9 ' I 10 li | 11 12 I I 13 14 15 16 II 17 l|iiI 18 19 21 |l 22 23 I 24 25 a A. a A. a A. Q. A. a A. a A. a A. a A. a A. a A. In 1969, Mrs. Gordon? I chink. Do you remember who was there? Were there any white people there? I really don’t know, maybe a few. Other than the School Board? I really don't know. Who else was there besides yourself? Most of the teachers from Tucker-RosenwaId. Anyone else? Some of the parents. Do you recall what anyone said during that meeting? No. They probably were there to discuss the unification — I mean--yeah, unifying the school,-- Do you remember why— --unitary system. I am sorry, I didn't mean to interrupt you. — the unitary system. Do you remember what the purpose of the meeting was, why the parents wanted to be there? That is what I said, I think they were discussing going into the unitary— working on the unitary system then. Mrs. Gordon, do you recall then at that time being upset about black teachers not being retained? Yes „ GLENN H PERRIN O f f ic ia l Court R eporter Federal Bu ild ing EL Do rad o . A rkansas 717*0 c o r a o n - cross i a W ere yo u a ls o u p s e t a b o u t th a t ? 2 A. Well, I was concerned because-- 3 a I knew you were concerned. 4 A. — I was earning my living. 5 I' a I see. And was that one of tha reasons why you went li 6 to that meeting in Wright? 7 11 A. Yes. 8 a Do you recall Mr. Tony, Enoch Tony, being there? 9 A. Yes. 10 i a Do you recall any conversation--do you know who Mr. 11 1 Enoch Tony is? 12 A. Yes, I do. 1 13 a Who is he? 14 A. Well, I only know that he is a resident of Tucker— 15 a Right. 16 A. --community, and I had one of his boys in my class. 17 a And at that time did he still have children in the 18 public schools? 19 i A. Yes. 20 i a And in that District? 21 1 A- Yes. 22 l! a And do you-- 23 A. He had a child, I don't know about children «• m 9 24 i| Q. I am sorry. 25 A. — but I know he had this one child that was in my GLENN H PERRIN O f f i c i a l C o u r t R e p o r t * * F e d e r a l B u i l d i n o EL D o r a d o . A r k a n s a s 7 1 7 b o V jU i UUI1 L.TOSS 369 2 a 5 ij A. 6 a 7 j 8 !i 9 j| A. 10 Q, 11 12 13 14 15 16 17 18 19 20 | A. a A. a A. a 21 II classroom. Okay. All right. Now, do you recall his having a conversation with any member of the School Board or the Superintendent about the retention of black teachers? No, I don't remember any conversation. Perhaps "conversation" is a bad choice of words. Do you remember him making some remark to either Mr. Archer or to Mr. Bradshaw? 1 don't know as I do. 1 don't know as I do. Do you remember anything about what was said at the meeting by anyone who was there? No, I can't recall. Don't remember anything? No, I don't. And is it also your testimony that you don't remember i anything that was said at the meeting that Mr. Bradshaw came over to at the Rosenwald School? That's right. All right. Is it your testimony that you don't remember whether he said "Nigger" or whether he didn't say "Nigger"? 22 23 24 25 MR. STARLING: Your Honor, I object to that. Mrs. Gordon has testified to the fact that— on direct examination the question was asked did she remember whether or not Mr. Bradshaw had ever indicated or GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7i7So \J Wt Vvi. & 370 made any statement in reference to the fact that white teachers would not be fired for the purpose of hiring "Nigger" teachers, and Mrs. Gordon said no, she did not, and I think that is sufficient answer. 6l|jj 7 :i 8 9 & 1 10 A. : 11 a 12 : A. 13 i 1 14 ; a 15 16 A. i 17 a 18 | 19 A. 20 a THE COURT: Well, I think he has a right to cross-examine her about it, Mr. Starling. It is proper, you may proceed. Do you remember the question, Mrs. Gordon? That you-- That I asked, yeah. If I remember--if I recall anything that Mr. Bradshaw said during the meeting? Do you recall whether he did or didn't say it? Do you recall anything at all about that remark? No, sir, I don't. All right. Could he have said it and you just don't remember? I don't know. You don't know? 21 11 A. I don ' t. Z2 a Could it have been said, the same remark been made and 23 you don’t remember about the meeting in Wright? 24 A. 25 Well, I just don't remember hearing anything like that. I don’t say that it wasn't said, but I don't remember GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n i a i 7 i 7 » o u o x u o n - cross 371 1 2 a 3 A. 4 II 5 (1 a 6 A. 7 a 8 9 A. 10 a 11 12 13 14 15 16 17 18 19 20 a A. 21 |l A. 22 23 24 Q, 25 hearing it. You don’t say that it wasn't said? I couldn't say that, but I don't remember, I didn't hear anything like it. I see. Were you present for the whole meeting? I was present. Do you remember him saying anything at all about retain ing white teachers? Yes. All right. Now, do you remember Mrs. Evans saying something about seniority? Do you remember her asking a question about seniority in the District? I think— 1 think 1 do. I think I remember something of that. All right. What do you remember of that? Well, I don't know how it was worded, I couldn't say that I could quote her words, I don't know just how she worded it. Well, to the best of your recollection, Mrs. Gordon, tell | us what you remember. All I remember that something of the sort was brought up, something with reference to that was brought up, but, now, how it was worded, I don’t know. Now, you also say you remember something about the retention, his saying--Mr. Bradshaw saying something GLENN H PERRIN O f f ic ia l Co u k t R epo rter F e d e r al B u il d in g EL D o r a d o A r k a n s a s 7 1 7 9 0 372 3 A. 4 »jj a 6 7:| a. s i a 9 j 10 12 il 13 15 ! 16 ” ll a !l 22 23 24 |j A. 25 a about the retention of teachers. Whet do you rtmerr-r about that? Well, I remember hearing Mr. Bradshaw said that if you were qualified, you would be considered. Did he ever show you anything that looked like this teacher evaluation chart? No, I don’t remember seeing anything like that. Did he ever show you a list of criteria that he was going to use to evaluate teachers, “Teacher Competency", "Ability to Maintain Classroom Discipline", "Teacher- Teacher Relationship", "Teacher-Pupil Relationship", ■Cooperative with the Total School Program", did you ever see anything like that? It seems to me as if we had something similar to that the morning that he had called us one by one into the office. I see. And did you see it for the first time at that time? I don't know. I might have seen it before, but I don't recall. At the time you were called into the office, were you told that you were discharged or were you told that you were being retained? I was told that I was being retained. Were you shown how you faired on the evaluation? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n q E L D o r a d o . A r k a n s a s 7 « 7 * o v j U i u l u i - L I U 8 S 373 1 A.!| 2 (i 3 4 A. 5 Q. a 10 11 12 I! 13 14 15 II I 16 |! 17 |j A. 18 jj Q. 19 A.:| 20 !j a 21 j! A. 22 Q. 23 A. 24 Q. 25 | A. No, I wasn't. Were you told chat you were one of those teachers who was originally scheduled to be discharged? No. Were you told that it was only because Mrs. Elizabeth Ramsey-- MR. STARLING: Your Honor, I am going to object, because on my direct examination I did not get into the evaluation that was actually utilized, and I think that Mr. Kaplan is going outside of the scope of direct examination. THE COURT: I think it's proper cross examination. Were you told that it was only because Mrs. Elizabeth Ramsey was leaving the system that you were allowed to remain in the system? No, I wasn't told anything of the sort. Mrs. Gordon, did you know who Mrs. Ramsey was? Yes. Did you know whether or not she was leaving the system? No, I didn’t. What grade do you teach now, Mrs. Gordon? Fifth. Have you taught that since being in the system? Yes. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 3 4 6 7 l| 8 ! 9 10 11 12 Gordon - Cross __________________ __________ C Were you asked co suggest any criteria for uhe retention of teachers or the evaluation of teachers/ A. It seems to me that we gathered — I can’t be sure, out it seems to me that we gathered and were allowed to contribute, I don't know. Q. Did you contribute? A. Seems to me. I don't know, I can't be sure about that, but it just seems to me that we did, several things, you know, I might have it confused, but it seems to me that we did, I am not sure. a During 1968-'69, how many times did Mr. Bradshaw come into your class? 13 II A. 14 15 0- 16 A. 17 Oh, I don't know. I didn't think of counting them, but he was there rather regularly, I thought. How many times would you say? You mean for two years? Well, let's take the last year that — 18!! A. The total of the two years? 19 (j a No, let's take the last year first, 20 | A. Maybe about four, perhaps, I don i 21 1! Q. About four times? 22 A. Perhaps, I don’t know. 23 Q. How long did he stay each time? 24 A. Not too long. 25 | a Ten, 15 minutes? Twenty minutes? 1 1 GLENN H PERRIN O f f i c i a l C o u r t Reporter F e d e r a l B u i l d i n g E L D o r a d o V i c } .717$© U vy*. u u u O l WOO 375 1 A. Perhaps. 2 a Any longer than that? 3 A. I shouldn't think so. 4 a How about the year before that, how long was he there? i] 5 i How often was he there and how long did he stay? 6 A. Oh, about the same, perhaps. 7 a About the same? a i| A. Uh -huh. 9,j a During 19--the first year that he became Superintendent:, 10 !i! ' 66-’67, did he come by your class then? n ,i II A-.1 Yes. 12 1 a How many times? 13| A* Maybe about three, I am not sure, 14 ! ! a Do you remember what month he became Superintendent? 15 A No. ia 1 MR. KAPLAN: That's all. 17 MR. STARLING: 1 have nothing further, Your Honor 18 THE COURT: You may stand aside. Have you 19 concluded with this witness? 20 MR. STARLING: Yes, Your Honor. 21 THE COURT: Have you concluded? 22 MR. KAPLAN: Oh, yes. Your Honor. 23 THE COURT: She may be excused, Mr. Starling 2* (Witness excused 25 GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 9 0 a r a a s n a w - uross 376 1 THE COURT: You may come back co Che witness 2 stand, Mr. Bradshaw. 3 4 JAMES K. BRADSHAW, 5 having been temporarily excused from the stand, resumed the 6 stand and testified further, as follows: 7 :| CROSS EXAMINATION 8 ! i 9 i 10 U il 12 13 14 15 16 17 18 19 20 21 22 23 25 l! BY MRo KAPLAN: Q. Mr. Bradshaw, before you became Superintendent, had the District any plans at all for unification? A Yes, there had been plans. Q. And was Mr. Anderson involved in those, your predecessor? i A Yes, sir, he was. Q. Did those plans contemplate Che unification of the elementary school? A I am satisfied they did, because we knew that we must come to a unified school, sure. 0. All right. You testified on direct examination you saw as a prime problem of unification the necessity of reducing the total teacher force, is that correct? A. I testiried that we needed to have reduced the elementary, correct. a Are you familiar with the attrition method of reduction? A I beg your pardon? Q. Are you familiar with the attrition method of reduction? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i7so u r a a s n a w - cross 377 A. Would you define chat, please, sir? Q. I am asking you if you are familiar with ic. Do you know what it means? Do you know what "attrition- means? A. I am not so sure that I can give you the definition. Q. Are you familiar with other school districts that have reduced their faculty by the natural retirement, natural dropping out of teachers, the natural leaving by a teacher from the district? A. Yes, sir, I do know that some districts have had teachers that retired and as a result have reduced their faculty. Q. All right. And have you, in your experience in this District, known to have resignations, retirements, leaving the District for one reason or another? A. Yes, we have had teachers to leave the District from time to time. 0- Of the 13 teachers that you evaluated, was any not qualified to be a teacher in the public schools of the Plum Bayou District? A. What do you mean, now, "not qualified"? 0- Well, was there anyone who was not qualified to be a teacher? A. I might say that we have had teachers teaching with maybe a deficiency, yes. a Of the 13 people on Mr. Starling's enlargement here, beginning No. 1, Mildred Blair, No. 15, Armenia Kidd, GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 O i . a u s . i o w - L i U S S 378 i i|— 2 3 A 4 5: a 6 i A. 7 8 a 9 A. 10 11 12 A. 13 a 14 15 A. 16 a 17 A. 18 a 18 A. 20 a 21 1 A. 22 a 23 A 24 a 25 A I any one of tflea not qualified co oe a public scnocl elementary teacher? There is not a one on there not qualified at the present time to be an elementary teacher. How about at that time? At that particular time they were qualified but perhaps we may have one that was not fully certified. Who was that? Well, we have a Mrs. Janet Dye that has a full degree that has a high school certificate. High school certificate? That is correct. And at that time she didn’t have any certificate, isn’t that right? I beg your pardon, she has had the full certificate. No, at that time, 1968-'69. She did have a certificate. She did have? Yes, sir. High school certificate? Right. Anyone else? To my knowledge, all had certificates. All had high school— 1 am sorry-elementary certificates? No, Mr. Edwards, I believe, held a high school GLENN H PERRIN Official Court Report** Federal Building EL Dorado. Arkansas 7 1 7 3 0 B r a d s n a w - Cross 379 2 a 3 A. 5 a 8 9 l| A. a10 'I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a a certificate. Anyone else? I believe I can say with some accuracy chat Che remaining had elementary certificates. Let’s talk about Mr. Edwards for a moment. When you evaluated and put these people on this list, did you consider Mr. Edwards for a position in the elementary school? Yes, I certainly did. I see. Did you ever consider him for a position in the high school? Well, had he been retained, I am satisfied that I probably would have put him in the area of Math in the I elementary school and parttiae in the high school. I see. At the time that you were considering this and going through this appraisal, you had a man in the high school who was not certified, isn’t that right, who was teaching Math? I beg your pardon, this man had 30-something hours in Math, 40-something in Chemistry. As far as being qualified to teach Math, he was fully certified in the area of Math. His only deficiency was this: That he did not have the required number of hours in education which he was working for to eliminate and has done it. He had an emergency certification, didn’t he? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . 7t7SO 380"Bradsnaw - Cross That is correct, because he did not htve the education 2 3 a 4 5 | 6 A. 7 ! 8 o. 9 : 10 11 1 1 A- 12 a 13 14 A. 15 16 a 17 18 ! A 19 a 20 A 21 0. 22 23 24 “ II i| |i || hours which are requirede Mr. Bradshaw, an emergency certification is not a full certification and would require you to have a warning or an advice from the State Department, isn't that right? That is if they fail to go back and pick up six additional hours between school terms. But, let's get right at the issue, Mr. James Henry Klutts did not have a certification at that time, did he, he had an emergency certificate? I will agree with you on that. And he didn't finish his regular— and acquire his regular certification until this year, did he? That's right. We have many teachers in our District that has worked under the same situation. I see. Mr. Edwards was, however, a former Principal in your District, is that right? He did serve as the Head Teacher. Fully certified? As far as the school administration, 1 do not know. Fully certified at least as much as Mr. Klutts but had a regular high school certification? MR. STARLING: Your Honor, I object on the grounds that Mr. Edwards is not the plaintiff in this lawsuit, not alleged that he has been discriminated GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 uross' against by not being awarded the opportunity to be compared with a high school te&cner. THE COURT: What is the purpose of this line or questioning about Mr. Edwards, Mr. Kaplan? MR. KAPLAN: Your Honor, it is simply to show discrimination against black school teachers-- THE COURT: Well,-- MR. KAPLAN: --that are named plaintiffs. THE COURT: --Mr. Edwards said on the witness stand that he had no such claim, so the objection is sustained. MR. KAPLAN: Your Honor, I would, if the Court please, wish to make this statement: We make claims of discrimination against black teachers. In order to show discrimination against black teachers, it is necessary for us to show discrimination even against those who may not be claiming actively in a lawsuit-- THE COURT: Well,-- MR. KAPLAN: — some discrimination. THE COURT: Well, that is not a class action, Mr. Kaplan. MR. KAPLAN: We don't seek relief for them, Your Honor. THE COURT: Well, the Court has ruled on it. GLENN H PERRIN O f f i c i a l C o u r t R e f o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 S o a r a a s n a w - cross 382 1 2 3 Q- 4 l|| 7 |i A. 9 10 11 ; a 12 A. a 13 14 15 10 17 18 19 A. ij 20 21 :j Q- 22 23 A. 24 Q. 25 MR. KAPLAN: Please note our exceptions. THE COURT: Well, your exceptions are noted. At the time of the evaluation, sir, you had people teaching in high school who were not fully certified and people teaching in elementary school who were not fully certified for elementary school, is that correct? Yes, that is correct, and this is something that we have to contend with since being a small school it is rather difficult at times to get a fully certified personnel which we would like to have. Now, you have told us that everyone on this list of the 15 people were qualified to be teachers in the Arkansas Public Schools and in the Plum Bayou District, is that right? As far as on paper they do hold a certificate. Well, where Miss Dye was not certified, you did have several people down here who were certified and qualified, didn't you, even in that small District? I will say that these people on the bottom did hold certificates. They were fully certified to teach in the elementary schools, is that right? That is correct. And you had someone way up here in No. 2 who was not even certified, is that right? GLENN H PERRIN Of f ic ia l Co u rt R eporter Federal Bu ild ing EL Do rad o . A rk an sa s 7i7 «o o r o u s t i a w uross 383 1 A. 2 a 3 j A. 4 5 i 6 1 a 7 i 8 i 9 : A- 10 11 12 13 a 14 15 A. 16 : 1 7 ; a 18 A. 19 a 20 2 1 1 A. 22 a 23 24 25 - A. I say that she did not hold an eiec^entary certificate. That's what I thought. But other qualities which she possessed would over-rank that one little slip of paper which is issued by the State Department of Education. Let s talk about "that one little slip of paper". Does it have any meaning at all, "that one little slip of paper"? Yes, it indicates that they have been in school and obtained a number of hours and--a number of hours in education; therefore, the State Department will certify them as teachers. Is it an idle gesture on their part just to show someone had matriculated for a given number of hours? No, they are required to get a certain number of courses to be certified. Well, the State has set minimum standards-- True. — for people to teach in the public schools, haven't they? True. And they say that the minimum standard for a qualified teacher in the elementary schools in the State of Arkansas is an elementary certification, don't they? That is correct. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 71730 UQW Lross And you kept was? someone who was noc when you had someone who Mr. Kaplan, in the past, we have employed people with only 60 hour, of work, and we have permitted these people to work until they obtained 136 hour, end qualified. We have people sitting in this room that has worked for the District with a 60-hour certificate. And frequently at that time, at times when such was Che case, you didn’t have anybody else, you had to have someone, isn’t that right? As I repeated, it’s very difficult at times to get a fully certified teacher with the capabilities of performing like we would like for them to do in the classroom. Mr. Bradshaw, you had someone, didn't you, in Lois Ann Thomas? I repeat, she was certified. And you had someone in Dora Thomas, didn’t you? She did hold a certificate. And you had someone in Armenia Kidd, didn't you? She did hold a certificate. You had three people from which to choose, didn’t you, who had met all of the requirements that the State of Arkansas says are minimum requirements for teaching in the Arkansas public elementary system? Didn’t you have GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o A r k a n s a s 71730 ar a a s n a w - cross 385 2 A. 3 a 5 A. 7 a those three people? I believe I answered that, yes, sir. Who made the decision, Mr. Bradshaw, to reduce the teacher force? Again, that was a decision of the Superintendent with the approval of the Board. Now, when you say "the Superintendent-, you mean you? 8 A. Yes, sir. 9 1 a When did you make that decision? 10 A. ihac decision was based on a study or a survey which I 11 made in the school year '68-'69. 12 a At the time, did you consider any alternative to a 13 reduction in force? 14 A. I beg your pardon? 15 a Did you consider any alternatives to a reduction in 16 force? 17 A. Yes, I realized that there would be a necessary 18 reduction. 19 i a No, did you consider any alternative method of unifies- 20 tion of faculty other than reduction in force? 21 A. Mr. Kaplan, we are a rather small school with a low 1 22 enrollment and it would have been not feasible to 23 retain all 13 elementary teachers because our class 1 24 size is actually below what the State would like for it 1251— Ir to be. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r a t J F e d e r a l B u i l d i n g ' M r (fc; EL D o r a d o A r k a n s a s 7 1 7 S 0 J j* G- It would not have been feasible for you co carry them? A. No, sir, it would not. & I see. Would it have been unfeasible because of money? A That is one thing, and then space. Q. Didn’t you have enough money to keep paying them? A. I beg your pardon? a Didn’t you have enough money to keep paying them? A. Yes. a You could have kept on paying all 15 even if all 15 had stayed, couldn't you? A. Yes, we could have. a And you have been operating at a substantial surplus each year, haven't you? A. I will repeat, that we have been able here in the past few years by being conservative and by being--receiving an increase in tax collections, increase in Minimum B r a d s h a w - Cross Foundation Aid, we have been fortunate to build up a little surplus of funds, yes, sir. a I see. Did you consider, in the school year '68-'69, in preparation for unification, any alternative method of unification of faculty other than reduction in force? A The only thing that I knew that we could do. Q. Just yes or no, did you consider any alternative method? A. No. Q Mr. Bradshaw, have you ever made an evaluation of any GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 717S0 n r a u s n a w cross 387 1 2 A. 3 a 4 5 6 7 A. 1 8 9 10 11 1 a 12 i 13 14 i * 15 a 16 A 17 a 18 19 A. 20 21 22 A. 23 24 a 25,1—! II teacher or the Plum Bayou District before 19c8-'69? I beg your pardon? Had you ever made any evaluation, critical evaluation--by "critical" I don't mean necessarily bad points, I mean critical for both good and bad purposes--of any teacher in the Plum Bayou District before '68-'69? Well, yes, I had been visiting the classrooms, but as far as using a particular form and evaluating this teacher and putting these things on file, we just did not. Now, you said this morning that you visited classrooms approximately once a month. Is that still your testimony? Yes, sir, it is. How many times would that make during the year? On the average of nine months. Didn't you tell me on deposition five or six times a year? I don’t recall. MR. KAPLAN: You have a copy? MR. STARLING: Yes. I believe that perhaps was our first meeting, was it not? I show you a deposition in this case, deposition of James K. Bradshaw, Lois Thomas v. The Board of GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l b u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 Ui. auowaW — uruss Education of Plum Bayou District, and ask you to read to yourself the bottom of Page II and the top of Page 12. (Complies with request) In this deposition I did state up to six times or six different occasions. I might elaborate on that. As Mr. Edwards testified yesterday, that I was in the school on several different occasions but not necessarily for going in and making personal 8 observations in the classroom. 9 a Well, that is what I am asking you, I am asking you about 10 the times that you spent evaluating your teaching staff, 11 and didn't you tell me on deposition "I would say that 12 I had spent probably anywhere from 15 to 20 minutes on 13 a particular visit within a classroom on four or five 14 or six different occasions"? 1 15 A. That is correct. 16 Q. Is that still true? 17 ; A. At that particular time, like 1 say, I did not keep a 18 ' i record of the times I visited these classrooms, but I 19 say I visited approximately once a month. It could have 20 1 been less. I have not kept a record of these 21 visitations. 22 a Well, four times a month (sic) would be less than half 23 of nine times, is that right? Which was it? What is 24 the best of your present recollection about how many 25 times you went to a classroom for evaluation purposes? GLENN H PERRIN 1 O f f i c i a l C o u r t R e p o r t e r 1 i fit i f F e d e r a l B u i l d i n g 1 EL D o r a d o . A r k a n s a s 7 1 7 * 0 (f T p £ 388 u j i u u o u a w — LJ. UJ>£> 389 H *• 2 a 3 A. 4 i 0- 5 j| I 6 A.II 7 |j 8 ! 9 10 a ! 11II 12 !! A. 13IM 14 ' ! ! 15| i! 1 0 Q, 17 1* | 19 A. 20 i| 21 |! a 2 2 A. 23 ;| Q. 24 A. 25 I would say still approximately once a month. About nine times? Approximately nine times. Now, when did you visit your legal counsel concerning how to go about your plan of reduction in force? I think perhaps I was in contact with the legal counsel in the fall of 1968-'69 school year and asked him on how best and fairly to solve the problem of teacher reduction. Now, was it his suggestion to have objective criteria or was it yours? Well, yes, he advised that we needed to come up with something, some method whereby we could fairly and objectively evaluate all 15 elementary teachers, that is correct. Now, was that the first time that you thought about actually using the criteria that later appear on Defendants' Exhibit No. 4? I had given thought to some type of evaluation before hand. Did you do any reading? Yes, I did. What did you read? Well, we have different educational publications. We have Math books— not Math books but textbooks as far as GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 a r a c s n a w Cross 390 2 i 3 j a 4 A. 5 a 6 ! A. 10 n ! a 12 1 13; A 14 15 16 17 18 19 a A. 20 ! 2 1 j | 0 - 22 23 ! A school adminis eracion, for Principals, administrators, that usually devote a chapter to evaluation. What book? I cannot give you the name of a book. Can you give me the title of any book that you read? I was enrolled in a course which we called "Organization in Secondary Schools". I also was enrolled in a course at State College of Arkansas concerning "Secondary Principals" which dealt not into great depth on the topic of evaluation, but several publications. Can you name one that you read in preparation for this task? Even our A.E.A. Journal from time to time carries articles on evaluation. Even our Arkansas School Board Journal will have an article on evaluation, the importance and probably some of the things that should go into it. Did you read any texts? Any authorities? Offhand, I cannot give you the name of a particular textbook. Can you give me the name of any author of any article that you read? No, sir, I can't. When did you meet with Mr. Edwards? I beg your pardon? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 1 7 3 0 a r a a s n a w Cross 391r When did you meet with Hr. Edwards about the unification and the reduction in force? A Well, this was after the decision that the Board had made, I believe it was in— March 28th, 1969, that the two elementary schools would definitely be unitized, and it was, I believe, in the month of April that I held my meeting with Mr. Edwards and the teachers at the Tucker-Rosenwald School,— j 0- At that time — j A. — and I explained to them at that particular time upon unification of the elementary schools that we would have to have a reduction in the number of teachers that we had in the elementary school, that at the present time we had 15 and I felt like we only needed 10 to carry on the program which I had given thought to for the upcoming school year in the elementary school. a Now, No. 10 that appears, was that your determination, also, your sole determination? A. Yes , it was. 0- You looked over the number of children and the nuu&er of faculty people and you decided you could handle your whole program with 10 people, is that right? A. I think I have already given testimony on this topic, that we had students in classrooms, they were classified as Fifth or Sixth Graders and actually functioning on G L E N N H P E R R I N O f f i c i a l C o u r t R kfo rter F e d e r a l B u i l d i n g E L D o r a d o A r k a n s a s 7 1 7 3 0 O I O U M i d W cross 392 2 i a 3 4 i A - 5 l 6 Q. 7 1 A.I 8 ; a A. 10 11 12 13 14 15 16 17 16 || l| 19 |j 20 21 j| 22 Q. 23 11 24 25 Second and Third Grade level,— That is not my question, now, my question is, you are the one who made the determination? I am trying to justify why I selected 10 teachers, if you will permit me. Sure, go ahead. --and I felt one of the ways to probably help solve our problem since understanding that these people were not functioning at the level in which they were placed, to put these people on the level where they could actually function, and by doing this, we would need more than six elementary teachers,— Okay. — and this is what we did. I decided that 10 teachers would permit us to break these people up or get them out of the Sixth Grade room and put them on a level where they could perform, because this had been one of the problems in the past year, we put people in the Sixth Grade room, we fed them Sixth Grade material which they could not digest, therefore, they continued to get farther and farther behind. Now, at the time that the Board made its decision on March 26th, had you had in your mind how you were going to accomplish this reduction, the method you were going to use? GLENN H PERRIN O f f i c i a l C o u h t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n e a e 7 i t * o B r a d s h a w - Cross 15 ie 17 18 19 20 21 22 23 G 25 1 A. I beg your pardon? 2 ■! G Had you had in your mind the method you were going to 3 1 use? 4 1 A- As I have already testified, I had some ideas of my own 5 on this thing. 6 ! Q. Now, you had already talked to counsel, is that right? 7 A. Yes, and was advised that a method would need to be 8 used. 9 G All right. Now, was that method--had you fixed your 10 mind at that time on the National Teachers' Exam? 11 A. No, sir, I had not. 12 G And you hadn't fixed your mind on any particular 13 criteria, either, is that right? 14 A. No, sir, I had not. Of the criteria you finally came up with— let's go over them— which ones were suggested by the Rosenwald faculty? I cannot pinpoint the ones which those people mentioned. I think Mr. Edwards testified and others have testified that we did hold several meetings over there which criteria was the--was the topic of discussion, and several teachers did mention certain criteria which they felt could be used and would be fair. Was it before or after March 26th that you talked to Mr. Turner, the County School Superintendent? I I was in contact with Mr. Turner throughout this period GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 S 0 4 393 394 o r a a s n a w - (jross 1 ! 2 3 a 4 A. 5 a 6 A. 7 j 0 8 A. 9 ] a 10 11 ii 12 A 13 14 a 15 A. 16 a 17 18 II 19 A. 20 i 2 1 II 22 or rime, ana I talked to him on different occasions, and on what date, I cannot give you a specific dace. Was it before or after that you showed him the form? I beg your pardon? Before or after March 26th that you showed him the form? I don't recall. You don’t remember? No, sir, 1 do not. Did you show him the form in the manner it was introduced here with all of the numbers put in or did you show him the blank one? Mr. Turner was presented a rough copy of the form which I proposed to use. No numbers filled in? No, sir. At the time that you submitted the form to the School Board, were any of the teachers notified that the form would be submitted then? As far as me announcing to the teachers, "All right, teachers, I am going to submit the evaluation form to the Board for their rejection or approval", no, I did not make this announcement. Do you know if any teacher ever saw this form? As far as seeing the form, I will say no, but they did know what criteria was going to be used because it was GLENN H PERRIN O f f i c i a l C o u n t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n r a e 7 1 7 3 0 a r a a s n a w C r o s s 395 2 a M A- e a 9 io A. n j a 12 13|i 14 15 i A.I I 16 |J | 17 !i a 18 II 19 A. 20 jj a 21 j 22 A. j 23 !| a 24 25 j j A. discussed aiany times. And did they know cne "1" througn “5" scoring system you were going to use? Whether or not I told them I would score them with a "1" or "5", I don’t recall. At the time that you submitted the completed list, which had Nos. 1 through 15 on it, did you tell any teachers at that time that the reduction in force scheme was going to be presented to the Board? I beg your pardon? At the time that you presented the "1" through "1 5 " ranking to the Board you testified about earlier, did you tell any of the teachers at that time that your rankings were going to be submitted to the Board? I simply stated to the teachers that I would make my recommendations to the Board. Did you tell them at which meeting that it was going to be? No. At the time that you submitted it to the Board, was Mrs. Ramsey’s name still on it? I beg your pardon? At the time that you submitted the "1" through "15" listing, was Mrs. Ramsey's name still on it? Mrs. Ramsey had already notified me that she would not GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 v s ? * . B r a a s n a w - Cross 1 j ' be with the District before this was submitted. • 2 a How about Mr. Edvards? 3 i A- Mr. Edwards also informed me. 4 a Did you ever have a conversation with Mr. Edwards about 5 | his leaving the District? 6 A. No, I did not have— I beg your pardon, at one time Mr. 7 J Edwards asked me for leave to attend some kind of 8 meeting or conference. This was months before the school 9 was closed down. 10 a I am sorry, I am not talking about that. 11 A. I don’t know what you- - 12 a I am talking about his retiring from the District. Did 13 he ever tell you he was going to be leaving the 14 District? 15 A. He did not. 16 G Never did? 17 1 A. Not until this evaluation had been made. 18 ! G Did he ever give you a reason? 19 A. No, sir, he did not. 20 a Now, when you did your evaluation, it is your testimony 21 you evaluated only those people who were then teaching 22 in the elementary school, is that right? 23 A. That ts what I have testified to, that I evaluated the 24 25 |j G 15 elementary teachers. And you didn’t consider, then, even those who might have GLENN H PERRIN Of f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 i 7 So 3 % c r a u s n a w cross 397 1 ,| 2 3 I A. 4 1 a 5 6 j ij 7 A. 8 9 10 ’I o. j 11 1 12 13 14 A. 15 a 16 17 A. 18 Q. 19 ! 20 ;l 2 1 1| A. 22 a 23 A. 24 25 j|(I a II II h e l d high school certification for any position in the high school, or vice versa, is chat right? At that time, I did not. And you did not ever, in this evaluation, contemplate any of the high school people— the high school had already been unified, is that right? Yes, we were unified in 1966-'67, and at that particular time there was no need for reduction in staff in the * 6 8 - ' 6 9 school year. right. Let's look at this teacher composition, the racial composition of your faculty, starting in the year 1963-'66, and let's see what we ended up with the first year of full unification. I only have *67-'68, *68-'69. Would the data concerning local school districts help you any? Probably so. All right. In 1966--I am sorry, in 1963-'66, what was the total number of your black teachers, can you tell us? Nine. Was anyone teaching on Title I that year? '63-'66? That is the year that Mrs. Evans was placed on Title I, I believe sometime in January. All right. And then how many white teachers did you G L E N N H P ERR IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 1 7 9 0 396 1 have? 2 A. Thirteen. 3 Q. Thirteen white and nine black? 4 j A. That is true. 5 |J Q. All right. Now, in '66-’67, the first year of your unification of the high school, how many black and 7 j how many white? 8 j A. What year are you calling for? s j Q- ’66-’67. 10 A. Here we are. In 1967-- j 11 j a No, ' 66- '67. 12 A. In '66-*67, we had 11 Negro teachers and 13 white. a r a a s n a w - tjross 13 14 15 16 17 18 19 20 21 22 23 24 25 a A. a A. a A. a A. a And in 1967-*68? We had 10 Negro teachers, 13 white. And in '68-'69? We had 10 Negro teachers and 13 white. And the first full year of total integration, what did you have? We had six Negro teachers, 12 whites. So from the time of 1966 to 1970, '69-*70, from '66-'67 to '69-'70, your black teachers fell from 11 to six and your whites from 13 to 12, is that right? That is true. Do you ever recall Mr. Edwards talking to you about equalization of the differences in the money paid to GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 s o u r a a s n a w cross 2 ! A . 3 a 4 A . 5 a i6 | 7 j A . 8 'I 9 10 13 14 15 A . 16 a 17 18 1 9 A . 20 a 21 I 22 23 2 4 ! A . 25 black teachers and to white teachers? 399 I d o n ’t recall a conversation on tnat matter. Never? No, sir, I do not. Did your District have a policy of paying black teachers less than white, or a practice? To my understanding, when I became Superintendent, the salaries had been pretty well equalized, and since I have been the Superintendent in that District, I will assure you of one thing, that both groups of teachers have received the same increase. How many-- A black teacher, if they get $300.00, then the white gets $500.00. This is the way I have operated, and no teacher can tell you any different. Now, at the time that you took over, it was still black teachers who were making less than white teachers for the same job, isn't that right? We can look at the records and determine that. Yes. And at anytime since that period of time, other than the fact that the raises have been the same, was anything done to bring the lower level teacher up to the higher level white teacher? Well, this is the problem on that, Mr. Kaplan. Assuming that one teacher is making $4,000.00 and this teacher GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n r a r 7 1 7 3 0 d i o u o u o w - L . r u b b 400 2 3 4 1 5 : G 6 l| 7 ii A. ® | G 9 10 I 11 ;| A. ■I12 !| 13' a A. a A. 17 ii a 14 15 16 18 19 20 21 :! A. 22 23 :| 24 25 ! _ I a over here is making $4,200.00, the State Departaent giv>__ a n a t grant of $500.00, each teacher is entitled to a $500.00 raise, and anytime a grant is given, a flat grant like that, then you cannot close that gap. There is nothing to prevent the District itself from spending its own money to close that gap, is there? If the money is available. I see. Now, how long did Mrs. Blair spend with you when she told you about her feelings, her evaluation of the teachers in her school? This was probably an hour conversation between Mrs. Blair and myself. How long did you spend reading Mr. Edwards' evaluation? I did not take probably over 30 or 40 minutes — I see. --to study it. Did you ever call him and ask him about any of the intangibles in that form, what he used to say that Mrs. Thomas deserves a "1" here but a ■2" here or whatever it may be? I believe I testified that I did look at his form and did not use it; therefore, I did not call Mr. Edwards. Now, it’s my understanding you gave three reasons for your personally assuming this duty of ranking the teachers. That was, you had responsibility anyway, is GLENN H PERRIN O f f i c i a l C o u r t R epo r ter F e d e r a l B u i l d i n g EL Do r a d o . A r k a n s a s 7 i7S o o r a u s n a w - cjross 401 1 2 A . 3 4 5 6 7'I Q. 8 :| 9 1 0 A . 1 11 :j Q- iJI 13 | 14 'I i|1 5 A . 18 17 I 18 | ft 19 2 0 1 A . 21 i| 22 23 24 G 25 ji that correct? The Board delegates me this responsibility, tnis is one responsibility that I must assume, making recommendation to the Board of Education for the teachers to be employed to provide the educational instructions for the boys and girls. Who— before the school year '67— or, ,68-,69, who was the one who made all of the recommendations for hiring and firing of teachers at the Rosenwald School? ' 6 8 - ' 6 9 ? Before that time. Wasn't the black Principal the one who almost always made all of the recommendations whether someone was hired or fired or retained or not retained? I think the records will show that I made the recommendations to the Board as to who to be retained and who released. But isn't it true, sir, that you relied almost exclusive ly on the black Principal's recommendation? I will make this statement, that I did discuss it with Mr. Edwards, but I was under no obligation to use the recommendation that he made to me, because it was my responsibility to the Board of Education. From your knowledge of Arkansas school districts and practices, hasn't it been the practice that the black GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL Do r a d o . A r k a n i a i 7 17 * 0 D£«u»iitfw - uross 402 1 2 3 | 4 A. 5 I6 ; |l 7 1| a 8 ! 9 ! 10 II A- n j a 12 13 ; 14 A. is a 10 A. 17 ft 18 1 19 20 21 A. 22 a j 23 j 24 i A i 25 a Principal always made the recommendations for his school and that his recommendations were nearly always followed? I would say in some cases they may be followed; in others, the person in the top position will assume the responsibility. You also said that each Head Teacher evaluated only the teachers in their own school and didn't know the others, is that right? That is correct. I see. And, lastly, that Mr. Edwards and Mrs. Blair were not included in the evaluation, that only you could do that? They were not included in their own evaluation. They did not give you a self-appraisal, is that correct? That is correct. I see. Now, in the various criteria, on your direct examination you said that under “Teacher Competence* came two basic heads, “Ability to Relate to the Students" and the "Teacher's Preparation*? Right. Both academic training and certification, is that right? That is correct. I see. Now, when you considered academic training, did GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 t 7 s o you consider the institution that someone wer.t to? A I certainly did not. Q. You considered only their transcript, is that right? A. I reviewed their transcript, which I had a copy on file, i Q. All right. Did you have Lois Thomas' transcript? A Yes, I did. 0- Do you still have it? i A At the present time, I do not have. j Q. Do you recall what her grade point was? I! A. I will, if she has no objections, tell you that she has approximately 22 C's, some D's, and an F on that transcript. I cannot tell you what her GPA is at this time. Q. I am sorry, you couldn't tell me what? A. I cannot tell you what her grade point average is. Q- All right. You did say she had some A's, is that I correct? ! A I think, perhaps she had some A's, B's, and several C's, some D's, and perhaps an F. a I hand you a document which is a notarized certification I and ask you if you are familiar with that? A I would say that this would be considered as an average transcript. Q. As an average transcript? A Yes, sir. GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u i l d i n g EL D o r a d o . A r k a n r a r 7 1 7 3 0 a r a a s n a w - Cross o r a u s n a w - u r o s s 4 0 4 i 0. 2 3 A . i 4 a i A. a!| 7 1 *■ 8 1 Q. 6 10 11 12 13 14 15 16 17 18 A . a A . Q. 19 20 2 ! | A . 22 Q. 23 24 25 Okay. And that is, at that time Miss Garrett, now Mrs. Thomas, transcript, is that correct? That is correct. And she was certified at that time? I beg your pardon? And she was certified at that time? I believe I testified to that, yes. All right. How, her ability to relate to students, was there some deficiency in that? Well, my personal observation, I find that she did not have the ability that some of the other 15 teachers had. In giving them their number for that "Teacher Competency", did you rank them against the other? No, sir, I did not. I think I testified that I evaluated these 15 teachers in reference to the criteria. 1 see. But not against each other. Now, you gave her a "2" in that— well, I will give you the thing so you can refresh your recollection. You gave her a "2" putting all of those factors together, is that right? Yes, sir, that is correct. I see. Now, what were the component parts of "Discipline", the next category, "Ability to Maintain Classroom Discipline"? Yes, "Ability to Maintain Classroom Discipline", I took GLENN H PERRIN O f f ic ia l C o u r t R e p o r t e r F e d e r a l B u ild in g EL Do r a d o . A r k a n s a s 7 i7 so u i a u a u d w - O r O S S 405 in there consideration of the teacher's ability to primarily have control in the classroom to where there was mutual respect between the students and the students and the teacher. Q- All right. Anything else? A. And I also took into consideration there that an atmosphere which would be conducive to a learning situation should prevail in the classroom. Q. Now, would you say that "Teacher Competency" as a subject was an overall general classification of how a teacher performs his function, his or hers? A. Would you repeat the question? Q. Yes. Would you say that the category "Teacher Competency" was a general category of how a teacher performs their function as a teacher, how they performed in their profession, which included things like "Can you teach a kid something because it's too noisy in the class", "Can the supervisor talk to this person and have the person listen", things like that? A. Yes, I think all of these things could be taken into consideration. Q. And would you-- A. Like I mentioned that preparation would also have to be considered under "Teacher Competency". Q. I see. Would you say that in some way all of the other GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 3 0 u i a u d u o w — b l U b b 406 1 i | 2 I 3 4 5 6 7 i a.i 8 9 a 10 11 12 13 14 15 16 17 A. 18 19 20 a 21 A 22 a i 23 A 24 a 25 1 A. chings that you have here, "Ability to Maintain Discipline", "Teacher-Teacher Relationship", Teacher- Pupil Relationship", and "Cooperation with the Total School Program", are in some way really functions of the teacher1s total performance, his total "Teacher Competency"? Yes, I would say all of these things would relate to that in one--reference to "Teacher Competency". I see. Now, on cross examination, talking about this enlarged list with Mrs. Blair at the top and Mrs, Kidd at No. 15 position, you talked about retaining black i and white teachers and not retaining Mrs. Ramsey, Mrs. Gordon, Thomas, Thomas, and Kidd. Actually, what happened was, by the time you went to the School Board the only elementary school teachers let go were black, isn't that right, the non-retained teaciers were black? Yes, that is true, because there had been two people that had informed me that they would not seek reemploy ment with the District for the upcoming school year. Do you know where Mr. Ramsey is now? Mr. Ramsey. I believe Mr. Ramsey is in Jacksonville, Arkansas. Do you know where he has his home? Yes, Ido. Where? In Beebe, Arkansas. GLENN H PERRIN Of f ic ia l C o u r t R epo rter F e d e r a l B u il d in g EL Do r a d o , A r k a n s a s 7 179 0 7 6 i * D i o u & i m w u o s s 4 0 7 1 2 3 4 5 6 7 Ii 8 | 9 I 10 11 12 13 ; 14 15 16 17 18 19 ' i20 22 23 G. And during his last year in the District, wasn’t he building that hotae? Did you know he was building that home? A. He had the home built prior to that year. a And didn't he, at one point in that year, tell you and several others in the District in your presence that he thought that that year was going to be his last year? A He did not tell me. Q. Never did? A No, sir, he did not. Q. Now, at the time that you assumed your duties as Superintendent, or very shortly thereafter, did you have any occasion at all to become involved in the health problems of the District, children being tested, eyes, ears, things like that? A. Yes. Q. Is that a service provided by your School District? a. No, sir. No, sir, it is not. This is a service which is provided by the County Health Center. Q. And did the County Health Center provide for the testing of both black and white children? A Yes, these people had the equipment, and by making an appointment with those, those people would bring the equipment out and usually volunteer people would come in from the community, such as PTA mothers, would come in GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 3 0 DL a u s a a w u o s s 4 0 8 and actually do the testing, yes, sir. I 2 a 3 A. 4 5 9 a 10 11 A. 12 13 i j 14 Q. 15 A. 16 17 18 1 9 A . 20 | Q. 21 j| 22 23 |! A. 24 0- What does Mrs. Keith do tor her $540.00? Mrs. Keith acts as a Coordinator and she was in contact with the Health Center setting up dates for these people to bring the equipment out and primarily to get the machines into the school and then let the parents corae in and administer the screening of vision and he a r i n g . Do you know whether she had anything at all to do with any of those aspects at the Rosenwald School? I am satisfied that she was in contact with the Health Center to see to it that they did bring the machines o u t . Do you know if she did? In fact, I know she did. Do you know who was the person who carried those children to the Health Center when they had to be carried to the Health Center? I do not know. Are you saying, Mr. Bradshaw, that you did not know that Mrs. Evans was serving in the capacity of Health Coordinator? So help me, I did not know it. Did you ever have to sign a form for the State on who 25 was receiving Title I? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L . D o r a d o . A r k a n s a s 7 < 7 s o araasnaw - Cross 4 0 9 1 A. 5 a A. a A. 10 a 11 A. 12 13 a 14 A. 15 I 16 a 17 A 18 a 19 A 20 a 21 ; 22 A. 23 24 2 5 I am the one responsible for any forms or letters to be sent in or reports to the Federal Division of Education in Little Rock, Arkansas. I am not talking about the responsibility, I am the one-- — who took the responsibility at the local school? I am the one that submits the form. I am the only bonded individual; therefore, I am responsible for any funds that are expended. Not funds. Not funds. Reports. Reports. I am still responsible for the reports that are to be submitted. Mrs. Evans never signed the reports? She is not responsible for submitting any report to the State Department of Education. That is not what I asked. She never signed the report? I don't know that she did or not. You don't know? No, sir, I do not. Do you know who maintained all of the health records for the children at the Tucker School? I do know this, that the State law requires that health records be maintained, which is usually a responsibility of each classroom teacher. Now, whether or not Mr. Edwards appointed Mrs. Evans for this position, 1 don't GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 B r a a s n a w - Cross 410 know. It is a State law that we maintain health records on our boys and girls, usually it is the responsibility of the classroom teachers to do this, a Who did it at Tucker--I mean at Plum Bayou? a. I believe each teacher did help keep these records up. Q. Did you ever look at the records at Tucker? A. No, I did not. Q. Do you know where they were kept? A. I am assuming they were--that they were kept in Hr. E d w a r d s ’ office on file. 0- Isn't it a fact, Mr. Bradshaw, that with the exception of one black teacher aide, all non-teaching Title I remunerative positions were held by white people? A. I think that is correct. Q. Secretaries? a. Yes , I do have one secretary that draws partial pay from the Title I funds because she is responsible for keeping books in regard to Title I. Q. Bookkeepers? A. She is the one. Secretary-Bookkeeper. Q. The Health Coordinator? A. She is considered a parttime Health Coordinator, yes. a All right. You have one teacher aide who was black at one time, is that correct? A I think that is true. GLENN H PERRIN Of f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 71790 U J L d u a i l d W - c r o s s 411 1 a 2 j A 3 a 4 A. 5 ; g 6 A 7 G 8 A. 9 a 10 A 11 12 13 a 14 15 16 A 1 17 I a 18 1 A. 19 li G 20 1 A. j 21 G 22 A. 23 G 24 A 25 j G Who was that? At the present time I c a n ’t call her name. Odessa Davis, is that the one? That is true. All right. Social Worker, white? Yes. That was Mrs. Bradshaw, your wife? That is correct. The Special Secretary, Mrs. Archer, white? This is one which I had reference to as S e c r e t a r y Bookkeeper for financial accounting for the Title I program. So anyone who has drawn any Title I money, with exception of one teacher aide, in a non-teaching position, has been white, is that right? That is correct. How about your bus drivers? Bus drivers, we have five bus drivers. How many blacks? We have two. Two blacks? That is correct. How about last year? Last year? Uh-huh. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s r i 7 s o Q i a u b U d W - cross 4 1 2 1 A. 2 i a 3 J A. 4 a 5 1 6 7 'i 8 9 . 10 11 ;j 12 '! 13 14 15 16 17 18 19 20 A. 2 1 j j Q . 22 A. 23 a A. We only had one. Out of five? That is true. Now, of the children who get bussed in your District, what percentage-- MR. STARLING: Your Honor, I am going to object to this line of questioning. It is, in fact, outside of the scope of direct examination which I examined Mr. Bradshaw on. I don't remember any situation where I talked about bus problem or bus drivers or the non-administrative teaching positions with reference to black versus white. THE COURT: Well, it's alleged in the Complaint Mr. Starling. m.a STARLING: Yes, sir. Of the children who get bussed in your District--let's talk just very briefly for one second about the way the District lies. The Plum Bayou School is in the Wright community, is that right? That is true. The Wright community is almost totally white? Surrounding area, yes. All right. Eight miles down the road live all of the black children, is that right? In recent years that has developed to be the most densely G L IN N H PERRIN O f f i c i a l . C o u r t R e r o u t e * F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i t s o U 1 a u a u a w - ^ I O S S 413 2 a 5 A. 6; a i A A- 8 a 9 10 :j A. 11 12 13 j 14 15 16 A. 17 18 19 20 21 .1 22 23 Q. 24 25 ; populated part of our School District, true. And probably a good 95 percenc of the black children live right there in that one little Tucker community, is that right? I would say approximately 35 percent live there. Thirty-five? Probably 35 to 40 percent. Of the children who get bussed in your District, what percentage are black and what percentage are white? Well, I think I reported that we have approximately 90 percent black, 10 percent white, and we transport approximately 98 percent or 99 percent of our boys and girls, black and white. At the time of these bonuses, what have they averaged in the last several years? I don’t have those figures with cae. I would say on the average of anywhere from $50.00 Co $150.00 or maybe $200.00, whatever the audit report shows that has been an underpayment in teacher salary, we simply count up the number of teachers which the District has employed and then we pay this to those teachers that was teaching in that particular year. Now, that figure, that bonus figure, is not included in the teacher salary figure in the interrogatories, is that correct? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 71730 414 1 2 3 4 5 6 7 [ 9 10 11 12 13 14 15 16 17 18 20Ij 21 22 23 jj 24 25 Bradshaw - Cross A. I beg your pardon? a That bonus figure, that is not included in the teacher salary figures in the interrogatories, is that correct? A. Somewhere it would be showed in the expenditure of the School District. Q. But not in what you have listed as the salaries for the various personnel in the District, is that right? A. (No response) Q- In Answers to Interrogatories you have appended ■Salaries of Teaching Personnel" for *66-'67 all of thd way through *69-'70. Do those bonuses figure in there? A. No, they do not*. Q. All right. Now, there is an allegation in the Complaint, Mr. Bradshaw, regarding the manual that the District has, "Principles, Policies, and Objectives". Are you familiar with that manual? A Yes , sir , I am. Q. Please direct your attention, sir, to Page 6 of that manua1. A. Give me one second. a Certainly. A. I think I have a copy. MR. STARLING: Your Honor, again I am going to object to this line of questioning in that it was not covered on direct examination. If Mr. Kaplan GLENN H PERRIN O f f i c i a l C o u n t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s t i t s o B r a d s h a w - Cross wants to bring up and prove the allegations, the 4 1 5 2 3 4 5 8 ! 9 18 a ii l A. 12 ] a 13 14 15 16 17 18 A. 19 a 20 21 22 I A. || 23 a 24 25 time to do it was in his case in chief, ana I feel he is going far outside of the scope of direct examination. THE COURT: Well, Mr. Starling, this is a matter of equity which the Court is consider ing and it is a part of the overall question, and I think it's appropriate. MR. STARLING: Okay. Do you have a copy now, Mr. Bradshaw? Yes, I do have. All right. Thank you. The matters at the top of Page 6 regarding the composition of the Board of Directors of the Plum Bayou-Tucker School District, do you recall how that matter got inserted in here, whose direction it was? I would say this matter probably came into existence 20, 25, or 30 years ago. In the tenure that you have had as Superintendent, has that matter ever been considered for a change by the Board? This has not been discussed. Has there ever been, indeed, any more than one black School Board member? We have had several to seek election to the Board but GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 i 7 » o B r a a s n a w - Cross 416 1 j 2 a 4 ! A- 5 ; ft 6 I A11 7 ! s aI 9 A . 10 11 a! 12;| 13 14 15 16 17 18 19 A. Q. A. 20 2i j i a 22 23 24 25 A. a were d efeated. Now, the Tucker community is now an ail-black community, is it not? No, sir, it is not* Any white children come from over there? Whether or not we have any white children residing within the Tucker community, I don't know. Wright community, is that all white? I would say no at the present time because we have had a couple of Negro families to move in. Now, in your 15 years or so tenure in the District, although the schools were segregated at one time, could you tell us whether or not the racial composition of the District itself--I am talking about the number of students in the District--has always been majority black? No, sir, it has not. How long has it been majority black? I would say probably in the last eight to ten years it has become majority black. And how long has it been the rather lopsided percentage that you have told us about today, approximately 90-10 black? That was only here in the past year or so. Let's talk for just a moment again about Asive Thomas. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 » o o f a u s n a w - cross 4 1 7— 1 2 3 A . 4 a 5 A . 6 a 7 8 9 A . 10 a 11 12 13 14 15 A . 16 q . 17 A . 18 19 a 20 A . 21 a 22 A 23 a 24 25 | ! i When Mr. McConnell began teaching for you, sir, cell u- how many Social Studies courses he uaght. The first year he was teaching two Social Study course . And what did he do the rest of his tiiue? He devoted it to Physical Education. At the time he was Social Studies teacher for two courses, you had another Social Studies teacher, also, is that right? That is true. Is there anything to prevent, after Mr.--after Mr. Thomas acquired his summer of 1968 hours at Arkansas AM&N College, after his graduation, and after his certification, was there anything to prevent him from teaching one or two hours in Social Studies? Let me restate-- Can you answer yes or no? Let me restate some of the testimony which I have previously given. Can you answer that question yes or no? Frankly, the reason that he was let off is because— Can you tell me yes or no to that question? He would still not have been certified. i That's right. That’s not the answer to the question, :though. Yes or no? Was there anything that would have been injurious or harmful to the District as far as the GLENN H PERRIN O f f i c i a l . C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 * o Ui. a u u iia w — U5 5 a A. a A . a A . a A . State Board of Education is concerned? As far as my concern, with two hour addition in Social Study, he would still not have been able to provide the type instruction in Social Studies that would have been desired in a Social Study room. That's not exactly what 1 am asking you, Mr. Bradshaw. What I am asking you is, as far as the State Board of Education is concerned, could he have taught two hours without any kind of criticism of the District? Isn’t that right? He may have. That is correct, he may have done that. So that without the District suffering any consequence at all, he could have done, with the certification that he had, exactly what Mr. Bruce McConnell did in 1968-*69, isn’t that right? I am saying that Mr. McConnell was — Wait a minute, just answer the question. Couldn't he have done in '68-*69 exactly what Mr. McConnell did without the District suffering any ill consequences from the State Board of Education? The students would have suffered. Oh, no, no, no, without the District suffering from the State Board of Education any ill consequences. Well, the State Department might have permitted him. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 s o D L d u d i k i w o r o s s 419 jij a 2 i j A. ® ;| a j 4 A. a 10 11 12 13 14 15 16 17 18 A. a A. a A. a 19 20 A. 21 a 22 A. 23 ' Q.■|11 24 j 25 They would have permitted him, w o u l d n ’t they? Perhaps. Well, isn't the answer "Yes"? Actually, I d o n ’t know the law on that at the present time. To the best of your knowledge, the answer is "Yes", i s n ’t that right? It may he possible. I That's right. Now, even while he could have been doing that without the District suffering, the District had Mr. Klutts, who was emergency certified, isn't that right? This was in-- i Just a minute. i --in the area of education hours. Wait a minute. While he could have been doing this i without any ill consequences to the District, the i District had an emergency certified man in Mr. Klutts, didn't they? I think I have testified to that, yes, sir. And he's white, isn't that right? Yes , he w a s . They had Mrs. Dye, or who by that time had become Mrs. i Wall, she wasn't properly certified for what she was doing, was she? GLENN H PERRIN O f f i c i a l C o u n t R k f o n i k n F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s t i 7 * o _ t s r a a s n a w c r o s s 420 1 ;• A. T h a t i s c o r r e c t , I h a v e t e s t i f i e d t o c h a t . 2 u S h e w a s w n i t e ? 3 A. R i g h t . 4 Q. Now, you had some other people, too, didn't you, who il5 also that year didn't have any proper certification? j 6 A. Y e s , sir, I h a d Mr. Hunter Douglas.'I 7 Q. Mr. Hunter Douglas. That was the year before. Let's 8 ! talk about the year-- 9 A . The same year that I had Mr. Thomas. 10 Q. Oh, no, no, no. 11 MR. STARLING: Let him answer the question, please, 12 Your Honor. 13; MR. KAPLAN: Well, I would like him to answer the 14 question. 15 | 16 17 18 j 19 20 2 1 || A . 22 i;i 23 24 25 THE COURT: Well, will you let him answer the question, Mr. Kaplan? You asked a question and he starts to answer and then you interrupt him as though you are going to do the testifying. Let him testify and you ask the questions. Yes, sir, I did have Mr. Thomas who was not fully certified in Social Studies. 1 did have Mr. Hunter Douglas in that same year who was not fully certified. Neither was providing the type of instruction in Social Studies that 1 felt like our boys and girls were GLENN H PERRIN Of f i c i a l C o u r t R epo r t er F e d e r a l S u ild in o EL Do r a d o . A r k a n s a s t «7 »o H U k 4 2 1 I li |i!li i I i entitled to receive; therefore, upon those findings, I did not recommend to the Board for their re-contract. a That’s not what I am asking you, sir. What I am asking you about is school year 1968-’69. Now, can you get that in your mind? A 1968-'69, yes, sir. a All right. By that time you had hired Mr. McConnell, isn ' t that right? A. That is true.. a Now, what I am asking you is, that in '68-'69, Mr. Thomas could have, without any criticism, without any adverse results to the District, taught exactly what Mr. McConnell taught, isn't that right, with his certification? A. Did he make application? 0- Sir, is that right? A. I am still not convinced that he could provide the type instruction that I wanted produced in that classroom. G Sir, could he not have taught exactly what Mr, McConnell taught without anyone suffering any adverse consequences, without that District suffering from the State Board of Education any adverse consequences? A. The State Department probably would have permitted him to do this. G All right. And exactly at that time in that school year GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 a r a a s n a w - Cross o r a u s n a w - cross 422 1 2 3 '1 A- 4 1 5 a 6 A. 1 7 1 a 8 A. 9 10 11 a 12 i 13 14 A. 15 16 17 a 18 19 A. 20 a 21 A. 22 23 1 Q. Chat District had non-certified white personnel teachxng, isn't that right? That's true, but I think in their performance it was justiciable to retain them with the District. Because they were white? No, sir. It just so happened they were all white, didn’t it? They might have been white, but they were providing the type of instruction that our boys and girls are entitled to receive. And the State Department of Education says that their certification required is minimum for what a child should receive from a teacher, isn't that right? They are permitted to work but must return to school, pick up additional hours to eliminate those deficiencies, which these individuals are doing, Mr. Kaplan. iI see. And Mr. Klutts didn’t do it for three years, did he? It took him three summers — Took him three summers. --to pick up the required education hours which he needed, which he has at the present time. Did you ever consider Mr. Asive Thomas for the Job that Mr. McConnell held the next year? i He did not make application, Mr. Kaplan. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL. D o r a d o , A r k a n r a * 7 i 7 » o o r o u s n a w - cross 423 11 0. 2 A. 9 10 11 12 13 14 1 15 16 17 18 19 20 21 jj Q. 22 23 j | 24 II He didn't make application? N o t t o m e , I did n o t receive an application. Did you ever consider black man, Mr. Asive Thomas, for that position? Are you telling me that I needed to go out and search for this man? I am asking you, did you ever consider Mr. Asive Thomas — THE COURT: Now, gentlemen, the Court is not going to permit this to go on. Now, Mr. Kaplan, will you ask questions in a manner, as you well know from your experience and being an experienced lawyer, to seek the information that you are attempting on cross i examination, and will you, Mr. Bradshaw, will you answer the question,— THE WITNESS: Yes, sir. THE COURT: --and will you gentlemen not engage in arguments as has been going on here now for the last several minutes? THE WITNESS: Yes, sir. Mr. Bradshaw, did you ever consider, evaluate, think about Mr. Asive Thomas for that position, that teaching I position, that we later have learned Mr. Bruce McConnell occupied in the school year 1968-'69? May I answer your question in this manner: The position GLENN H PERRIN O f f i c i a l C o u r t H i r o r t m F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 ocetusuaw - cross 42< 3 4 5 6 a | 7 i A. 1 8 9 | 10 a1 11 12 13 A 14 a 15 16 A. 17 a 18 A 19 Q. 20 A was open, and I did receive some applications. I d^d interview different individuals, and I recommended to the Board that Mr. McConnell be hired. I did not take in consideration Mr. Thomas, because I did not receive an application from hixn in that particular year. Did you tell him-- The answer is "No", that he was not c asldered for that year for reemployment, because he had been out of the District for one year. No, no, no, no. He had just been let go by the District, isn't that right, at the school year *67-'68 he still worked for you, didn't he? Right, he was there in '67-'68. Right. So when Mr. McConnell began, he had only been out for a very, very few months? Mr. McConnell came in-- ' 6 8 - '69 , did he not? That's correct,-- All right. -- ' 69-'70. 21 22 23 24 Iil Q- Okay. Now, at the time you let Mr. you have an interview with him? A. With Mr. Thomas? 0- Uh-huh. A. No, I did not. GLENN H PERRIN O f f ic ia l C o u r t R v o k t i k F ed er al. B u il d in g EL Do r a d o . A r k a n s a s 71730 Asive Thomas go, did b r a asnaw - Cross 425 Q. You didn’t have an interview with him? A. As tar as the position that was open? a Oh, no, no, no, no. Did you have an interview with him telling him why he was going to be let go? A Yes, I informed him that I felt that he was weak in the area of instructions and I felt that the boys and girls needed more instructions or a higher quality of instructions in the area of Social Studies, and I discussed this with Mr. Edwards, who was the Head Teacher at that time, and Mr. Edwards also agreed that he was weak in this area, and this is why I did not recommend him. a Now, did you tell him at that time that you had that meeting with him that you were having a position open up that had four hours of P.E. and only two hours of Social Studies? Did you tell him? A. No, I did not tell him that. Q. Did you know it? A. I beg your pardon? Q. Did you know it? A. I don't know if I knew it at that particular time or not. Q. Did you know it shortly after that? A. Yes , I did. Q. Now, you talked about a Mr. Cornelius Sanders, who you GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 Bradshaw - Cross 1 2 3 ! A . I 4 7 ' 8 | 10 a : a IS hired now. Now, Mr. Sanders, he*s not certified, is he? As of today he would be a fully certified Physical Education teacher and Social Studies. He would be? Yes, he completed his last three hours from AM&N College, and at the present time he is supposed to have his application for his certificate filed with the State Department of Education, and I should be receiving his certificate any day now. Now, as far as you know, as his immediate employer and the man who has hired him and supervises him, as of this moment and time as we are sitting here right now, 14 15 : a. 16 a 17 18 A 19 20 21 22 a 23 A. i24 25 Q. he isn't certified, is he? As far as I am concerned, he is. How about as far as the State, Arkansas State Department | of Education? This is what I am telling you, that he has sent his application in with his transcript showing that he has all of the requirements granted to him from Arkansas AM&N College. When did you hire him? 1 hired him in the summer of '69-'70 to be employed for the '70-'71 school year. At the time you hired him, he couldn't have gotten GLENN H PERRIN O f f ic ia l C o u r t R e p o r t e r F ed e r al B u il d in g EL Do r a d o . A r k a n s a s 71730 426 DJ. a u a i i o w - u r o s s 427 x 2 A. 3 4 I 5 i6 7 0. certified, could he? Again, I employed him on the same basis as I have employed other teachers, more or less emergency certificate., Okay. MR. KAPLAN: I think that's all, Mr. Bradshaw. i 8 9 10 :| 11 ilI12 1 13 14 15 16 17 18 19 i 20 i 21 22 23 : i 24 25 REDIRECT EXAMINATION BY MR. STARLING: 0- Mr. Bradshaw, one thing on Mr. Thomas which we have talked about before, I believe you testified on cross examination that the reason that you--one of the major reasons that you did not renew Mr. Thomas’, Asive Thomas' contract for the year ‘6 8 -'6 9 --excu se me-- '67-'68 was because of his weakness in the area of Social Studies teaching, is that correct? A That is correct, yes, sir. a I believe you previously testified that a man holding the same position that Mr. Thomas did in the Plum Bayou High School, a Mr. Hunter Douglas, what was the reason that you terminated him for? A. Identical same reasons, he was weak in the area of Social Studies. 0- Now, was he a white man? A Yes, sir, he was. GLENN H. PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 9 0 1 B r a d s h a w - R e d i r e c t 428 a 2 1 i 3 10 11 j 12 A. a 13 14 15 16 ! 17 18 18 A. a A. a 20 ij 21 jj 22 A. 23 24 25 Did you consider Mr. Hunter Douglas for the job of P.E. instructor and Social Studies teacner in 1968-'69 as Mr. Kaplan has asked you to consider Hfc. Thomas? No, sir, I did not. Why? Because he was weak in the area of Social Studies and this individual had to teach in this particular area. Did you discharge or not renew or recommend to the Board that Mr. Hunter Douglas' contract not be renewed at the exact same time that you did Mr. Aslve Thomas? Yes, sir, that is true. I believe those letters of termination are entered in evidence as Plaintiffs' Exhibits 1 and 2, is that not correct? Yes, sir. Now, this Mr. Sanders who you recently hired, '69-'70, is he a Negro? Yes, sir, he is. So there is really not any discrimination because you hired him in reference to Mr. Thomas, is there? MR. KAPLAN: Objection, Your Honor. No, sir, none whatsoever. MR. KAPLAN: Objection, and move to strike. THE COURT: Well,— MR. KAPLAN: He has just asked this witness the GLENN H PERRIN O f f i c i a l C o u r t R p o r t ir F e d e r a l B u il d in s EL Do r a d o . A r k a n s a s 7 i 7 «o 429B r a dshaw - R e d i r e c t 10 11 12 a 13 14 15 16 17 18 19 20 2 1 j | 22 23 i 24 25 a A. a conclusionary questions that the Court is being required to answer. MR. STARLING: Your Honor, my only feeling is-- THE COURT: Well, about the fourth time that question has been asked and answered in th is record, and I see no reason— the Court remembers it, I will tell you, gentlemen, both of you, so 1 would suggest that there would be no necessity to ask him that question again. Mr. Bradshaw, in allegation XV of the plaintiffs* Complaint, they allege that "Black teachers are not given the opportunity to earn extra money as bus drivers. Only white teachers are allowed this privilege.* Now, how many black teachers— how many black bus drivers do you have? We have two. And are those two black bus drivers— how long have they been employed by the District as bus drivers? One of them has been employed 15 years or more, and we employed one for the *70-’71 school year. During your tenure as Superintendent, has any black teacher ever requested or make application to become a bus driver with the District? Since I became Superintendent in 1966-'67, 1 have never G U IN N H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 430 araas n a v - R e d i r e c t had a black teacher to make a request for a bus driving position. In the year 1970-'71, did you have a black teacher to 4 5 i! a- 6 7 ; o. 8 ; A 9 a10 11 A. 12 a 13 14 15 A. 16 Q. 17 A. 18 19 a I 20 21 Z2 A. 23 24 a 25 A. make a request to become a bus driver? Yes, sir, I did. He did express a desire to drive a bus. What is his name? Mr. Cornelius Sanders. And was he denied that opportunity to earn extra money as a bus driver? No, sir, he was employed as a bus driver. So then your testimony is, since you have become Superintendent in '66-*67, there have been no black teachers that have ever requested or made application— No, sir. --to become a bus driver, with exception of one? With the exception of one for the *70-'71 school year, Mr. Sanders. And you hired him. Now, Mr. Bradshaw, how many non teaching administrative positions do you have in the District? We have three non-teaching administrative positions in our District. What are those? We have two, which are secretaries, primarily GLENN H PERRIN O f f i c i a l C o u r t R epo r t er F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o braasnaw R e d i r e c t 431 1 2 3 Q. 4 A. 5 a 6 ! A 7 Q. 8 A. 9 Q. 10 A. 11 a 12 i 13 A. 14 15 16 17 18 10 20 21 |i 22 23 !| A. a24 25 responsible tor maintaining books, keeping books, and one parttime Health Coordinator. Now, who are the two secretaries, what are their names? Mrs. Maynard and Mrs. Charlene Archer. Are they white? Yes, sir, they are. And who is the Health Coordinator? Mrs. Robbie Keith. And is she white? i Yes, sir, she is. How long have the two secretaries held the jobs in thete non-teaching administrative positions? Mrs. Archer was employed, I believe, in 1965 prior to me becoming Superintendent, and Mrs. Maynard was employed in 1966-'67, 1 believe that's correct, and Mrs. Robbie Keith was employed prior to me becoming Superintendent of the District in 1965-'66 school year. Since you have been Superintendent of this District beginning in 1966-'67, has any Negro person, patron, teacher, or otherwise, ever requested or made application i to you for a job, a non-teaching administrative job, in your District? No, sir, they have not. Now, briefly, Mr. Bradshaw, looking back at the evaluation form, is it true that Mrs. Ramsey was GLENN H PERRIN O f f ic ia l Co u n t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o n r a u s n a w - K e a i r e c t 432 1| certified in elementary education? 2 A. That is true. * a ^ d is it true that Mr. Edwards was certified in secondary education but not in elementary education? || 5j A. Yes, sir, Mr. Edwards was certified in secondary I 8 education. a 6 ! A. 9 a 10 ;j A. 11 I Q. ■12 13 14 15 A. q. 18 17 18 A. 19 20 22 23 24 Q. 25 And Mr. Edwards is a Negro, right? That is true. And Mrs. Ramsey is white? That is correct. And it's true that Mrs. Janet Dye was certified in secondary education and not— That is true. --elementary education? Do you recall what Mrs. Dye's transcript revealed in reference to her academic background? Yes, sir. She probably has--in fact, I know she has the highest grade point average or overall grades on her transcript than any teacher in the Plum Bayou- Tucker School District. In fact, I believe it's about 3.3 or 3.8, which would be approximately a B+. She has all A's and B's with exception one grade which is a C. I show you a document here entitled "Permanent Record" from the Arkansas State Teachers' College, name Janet G L E N N H P ER R IN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 i 7 s o 1 2 3 A. 4 a 5 1 A 6 Q. 7 8 9 I 10 11 112 13 14 15 16 17 18 19 BY MR 20 | Q. 21 22 i A. 23 24 25 a Dye, and ask. y o u i f you can identify vhat copy of her transcript? Yes, this is her transcript. Would you read the grade point average on that transcript? Yes, s i r . Possible "4.0" and Mrs. Wall has a "3.75". All right, thank you. (Whereupon, a document is shown to counsel for the plaintiffs.) MR. KAPLAN: No objection. MR. STARLING: I would like this marked for identification, Your Honor, and introduced in evidence. THE COURT: Let it be received. MR. STARLING: Your Honor, with that, I have no further questions. MR. KAPLAN: Very briefly, Your Honor. RECROSS EXAMINATION . KAPLAN: In looking at Mr. Thomas' weakness in Social Studies, did you consider his transcript, too? Yes, I had access to all teachers' transcripts. This is one requirement of the State Department that we have on file a transcript of each teacher. You consider that the transcript of a teacher can be GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 B r a d s h a w - Recr o s s i important in evaluating his performance as a teacher 434 2 3 A. 4 5 1 Q. 6 1 i 7 j 8 I 9 1 10 11 12 13 14 15 16 17 18 19 20 | 21 22 Q. 23 A 24 a 26 || 1 I II 1!11 and whether or not you might want to retain him? I believe I have testified that this should be taken into consideration, yes. Take a look at the answers to interrogatories, the transcript of James Henry Klutts. He was a Math teacher, wasn't he? MR. STARLING: Your Honor, I am going to object, because I think there is a definite distinction between Mr. Klutts, who was a Math teacher, and Mr. Thomas, who was a Social Studies teacher. If you are going to consider Mr. Thomas' transcript, consider it against Mr. Hunter Douglas, who, in fact, the District fired at the same time, because both were teaching the same subject. MR. KAPLAN: Your Honor, in addition, I am using this to test this witness' credibility in regard specifically to his evaluation of transcripts. THE COURT: Well, it's certainly been tested, I will say that. For whatever good, if any, why go ahead with it. H e ’s a Math teacher, isn't he? Yes, he is. Would you go over with me for a moment his Math grades on that? G L E N N H PERR IN O f f ic ia l C o u r t R e p o r t e r F ederal B u il d in g EL Do r a d o A r k a n s a s 71730 435Bradshaw - Recross 1 ! A. 2 a 3 4 1 A. 5 Q. 6 7 | A. 8 a 9 10 1 A. 11 a 12 13 14 15 J 16 A. 17 ' Q. 18 | A 19 Q. 20 21 A 22 a ! 23 A. 24 a 25 A. All right* First semester, an "F* in College Aigeora. That was the only Math grade, is that right? Yes, he did. (Jh-huh. Second semester, he took two Math courses, a "C" and an "F", is that right? Which were College Algebra and Plain Trigonometry. All right. Next semester, a “D" in Plain Trigonometry, that he took over again, is that right? Yes. The very next semester that he took any Math courses was spring semester ’63-'64, with a notation previous to that of "Probation", when he got a "B" in Plain iTrigonometry, the third time he took that course, isn't that rignt? Which one was that, now? Right at the bottom of the first column. Plain Trigonometry, three hours, “B". Right. The very next course, spring semester, *64-'65, a "B" in Analytical Geometry, is that right? That is correct* All right* But the next course, Calculus, a "C“? That is correct. A “8“ in Algebra and a "C" in Calculus? That is correct* GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 auDuaw - RCCrOSS 436 i| Q. “C" in Theory of Equasions? Right. And then the next page, a ~Cm in Modern Abstract Algebra, a "C" in Calculus III, and a "C* in Independent Study, College Geometry? That is correct. All right. Your Math teacher, those were his Math grades, is that right? Yes , they are. All right. Now, you also testified yesterday that his strength lay also in the fact that he was a Chemistry major, is that right, with a strong minor in Chemistry? Yes, I think he has approximately 43 hours in Chemistry. Let’s take a look at those Chemistry hours, too, for the last thing we will look at on this. An “F “ , first semester, in Inorganic, is that right? Yes, he did make an "F" in Inorganic Chemistry. Then fall semester, *63-'64, he took it again and got a "C"? That is true. A "B“ in General Chemistry, the second half of that course, the next semester? That is true. All right. And then in the fall semester, *64-'65, he got three Chemistry grades, two "C's" and a "D", is that 2 A. :i a 4 • i 5 1 6 A . 7 ! a 8 9 i! A . 10 1 a 1 1 12 1 3 A 1 4 a i s : 1 6 1 7 A. 1 8 ‘| a 1 9 ; 20 A. 2 1 Q. 22 ,2 3 A. 2 4 a 2 5 j ji 1! GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i7»o ! 437 1I 2 ; j 3 4 5 | 10 12 1 j 13 14 15 I 16 17 18 19 right? A. Which courses were those? Q. Quantitative Analysis, History of Chemistry, and Chemical Calculations, is that right? A. That is correct. Q, Then two "C's" in the fall semester, '65-'66, Organic and Physical Chemistry? A. That is correct. Q. Another two "C's“ in '65-'66, spring, Organic and Physical, the second half of those courses? A That is true. Q. And got an "A" in second summer term in 1966 in Chemical Preparation? A. That is true. Q. But the next semester, an "F" in Advanced Inorganic and an "F" in Quantitative Organic Analysis, is that right? A. That is true. Q- And a "C" in Physical Chemistry? Bradshaw - Recross 20 A. 21 Q. a A. Ij 23 Q. 24 25 A. Right. And "C" in Independent Study? Right. Transcripts important in your evaluation of a t e a c h e r ’s performance and ability? I beg your pardon? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 urausnaw tie cross 438 i ft 2 I 5 ,! 6 10 11 12 13 14 15 16 17 18 Is che academic transcript-- THE COURT: Well, if you are referring to Mr. that is not proper, he is not a man that is involved in this matter, Mr. Kaplan, and Mr. Klutts is no competitive area between Mr. Asive Thomas and Mr. Klutts, they were entirely different fields. MR. KAPLAN: He is involved, Your Honor, to the extent that this man considered Lranscripts for one individual but not for another. THE COURT: No, I don't believe that's proper, 1 don't think that's correct. . However, he has testified that transcripts are important and he considered them. MR. KAPLAN: That's all. THE COURT: You may stand aside--1 want to ask you-- 19 !j BY THE COURT: 20 Q.11 21 ji A. 22 Q. 23 11 A. 24 li Cl 25 A. How many teachers do you have now? We have 18 teachers. The same number that you had a year ago? We have ten white, eight black, yes, sir, Well, you have ten in elementary? I believe that's correct. GLENN H PERRIN O f f i c i a l C o u r r R k f o r t k k F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s t i 7 » o Di» a u o u a w court 439 HI a 2 :j A. 3 a *: a. 5 j| Q. And eight in high school,— True. — is that right? Yes, sir. The ten teachers that you evaluated in 1969 and *70, is that the year? 7 I A. 1968-'69. 8 a Well, you had made your evaluation in the spring of 9 1969, did you not? 10 A. That is correct. 11 Q And that was for a determination of teachers to be i 12 retained, that is, ten teachers to be retained, for the 13 year of 1969 and *70? 14 A. That is correct.1 1 15 Q. Now, you say Mr. Edwards resigned? 16 A. Yes, sir. 17 Q- And someone else resigned? 18 1 A. Yes, sir. 19 Q. Who was that? 20 A. Mrs. Ramsey. 21 ; Q. Were those the only two that voluntarily resigned from 22 your school? j 23 1 a. Yes, sir, that is correct. On the elementary level. 24 a That is what I am talking about. Mr. Edwards was 25 certified, I believe in these interrogatories, responses GLENN H PERRIN F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 9 0 V 440I 1 2 3 4 5 j j 6 7 : j 8 1 9 10 11ji12 1 13 14 15 ie 17 18 19 20 22 ; 23 j jIi 24 25 (| to interrogatories, certified as secondary education, high school? A. Yes, sir, that is true. Q. And then when Mrs. Ramsey and Mr. Edwards resigned, that left a vacancy with the ten and you moved up Mrs. Gordon? A. That is correct. Q. And that made the 10th teacher? A. T r u e . Q. And that was for the year of 1969 and ' 70? A. Yes, sir. a Did you have any vacancy to develop for the year— in the elementary school for the year of 1970-’71? A- Yes, sir, we did have. Q. Who was that? A- Mrs. Rosen, I believe it was, that left our District, and she was replaced with Mrs. Florida Roaxm, Q- Is that a new teacher? A. Mrs. Roann? Q. Yes. A. Yes, sir. Mrs. Rosen was a white teacher which left the District; Mrs. Roann was a Negro teacher who was e m ployed. a Why d i d n ’t you offer it to Mrs. Thomas? A Well, I did not know where Mrs. Thomas was at that GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 * 0 Bradshaw - Court jjraasnaw uourt 441 i 7 !l 10 11 12 13 14 15 16 17 i 18 10 20 21 a A. a A. a A. a A. 22 | 23 A. j| 24 25 p a r t i c u l a r t i n i c , I d i d n o t have art i m p l i c a t i o n o n t i e r at that particular time. Well, that wasn't the question, Mr. Bradshaw. You were evaluating these teachers and they had a record which was a part of your records and you made the record, and the question was, Mrs. Thomas having been let out and you had a vacancy, why didn't you give her consideration? Well, we had already had one year since she had been out of the District, and as I told you, I really did not know where she was at that time or whether she was employed, and she did not-- Did you make any inquiry about it? — she did not have application on file in Mr. Turner's office. Did you make an inquiry about where she was? No, sir, none other than whether or not there was an application on file. Did you go to Mr. Turner's office to find out if she did have an application on file? Yes, sir, I did check with his office. And she did not have an application on file? I could not find an application on her. Now, I did receive a letter from Mrs. Thomas after the Board had already employed Mrs. Florida Roann. GLENN H PERRIN O f f i c i a l C o u r t R v o r t k F c d c r a l B u i l d i n g EL D o r a d o A r k a n s a s t i t r o orausnaw Court 442 1 a 2 A. 3 4 5 6 ! Q. 7 A’ 8 9 10 j 11 a 12 13 14 A. 15 a 16 A 17 a 18 A. 19 a 20 A. 21 : 22 a 23 A. 24 a 25 A. ' i! And you had already signed a contract? Yes, sir, she had already signed a contract, and I did receive a letter from Mrs. Thomas indicating that she would like to be considered for a position in the District. Did you respond to that letter? Yes, I did. I simply wrote her a letter and stated that ! the position had been filled, and had I received her letter indicating an interest, I would have presented I this to the Board and we would have considered her. Did you advise her that you went to the Superintendent's office--I mean the Supervisor's office of the County to determine whether she or-- No, sir, I did not advise her about that. Now, where did Mrs. Dora Thomas go? I don't know where Mrs. Thomas is. Do you know whether she is teaching or not? No, sir, I do not. She has had no contact with you since? None other than wanted to know if we were going to send her her underpayment. And where was that contact from? I believe it was from some address here in Pine Bluff. Do you know where Mrs. Kidd is? I--exactly, I don't know where she lives, but I believe GLENN H. PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 9 0 j { t £ 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 — oiciusiiciw - tourc 443 a A. a A. Q. A. a A. a A. G A. a A. h e r h o m e i s h e r e i n P i n e B l u f f . Do you know what she is doing? No, sir, I do not. You don't know whether she is teaching or not? No, sir, I do not. Has she made any indication of any interest since she left? None whatsoever. Did she ask to come before the Board when she received the letter-- No, sir. --advising of her being discharged? No, sir, she did not. Did Mrs. Dora Thomas ask to come before the Board when she received her letter? No, sir, she did not. Did Mrs. Lois Thomas ask to come before the Board when she received her letter of dismissal? No, sir, she did not. THE C O U R T : Anything further, gentlemen? MR. STARLING: I just have one question, Your Honor. REDIRECT EXAMINATION BY MR. STARLING: G Mr. Bradshaw, the only elementary teacher which you GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 Bradshaw - Redirect 44A 3 A. 4 ; a 5 A. 6 a 7 i A. 3 h i r e d since t h e t e r m i n a t i o n o f t h e t e a c h e r s i n C h e evaluation is Mrs. Florida Roann, is tnac correct? That is true. p - f .. -rp And Mrs. Roarrn is a Negro, is that not correct? That is correct. And you have not hired any white teachers? No, sir. MR. STARLING: All right. 10 1 u 12 13 14 15 ie 17 18 19 20 21 22 23 25 BY THE COURT: Q- Well, let me make it very plain, I wasn't interested in the color at this moment, I was interested in the individual,-- A. Yes, sir. a --as to whether or not Mrs. Lois Thomas had been considered when you had a vacancy, whether she was white or black. A (Nods head affirmatively) THE COURT: You may stand aside. THE WITNESS: Thank you, sir. (Witness excused.) THE COURT: You have other witnesses, do you not? MR. STARLING: Yes, sir. My witnesses, Your Honor, GLENN H. PERRIN O f f i c i a l . C o u r t R n F e d e r a l B u i l d i n o E L D o r a d o . A r k a n r a * 7 1 7 3 0 s i.uiuci - uirecc 1 should ta*e about — two at tan minutes apiece, and 2 Cfte ochers at about three minutes apiece. 3 THE COURT: I think we will have about a five- 4 minute recess. 5 3 (Whereupon, at 3:04 p.m ., a short recess is taken; thereupon, at 3:13 p.m., the parties present as heretofore, the following further proceedings are 9 ij had, to-wit:) 10 :ji| 11 **• STARLING: Your Honor, at this time I would like to call Mr. B. E. Turner to the stand. 13 |! I I 14 B. E, T U R N E R . j I 15 :| called as a witness on behalf of the defendants, being first 16 duly sworn, testified as follows: 1 DIRECT EXAMINATION j 181| BY MR. STARLING: Would you state your name and address, please, sir? B. E. Turner, Pine Bluff, Arkansas. How are you employed, Mr. Turner? By the County Board of Education. How long have you been associated with the teaching profession, which includes Principalship, Superintendent, and the job of County Superintendent, which you now hold? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 || > 9 a I20!| A. 21 i| Q. 2 2 A . 23 I Q. 2 4 25 |_ 445 X U i. UV-i. k j XX CC x 446 1 | A. 2 Q. 3 4 A. 5;j a 6 7 |j A. 8 9 10 11 i 12 13 14 15 16 17 18 19 20 A. 21 | Q. 22 A. 23 1 a 2.4 25 A a A. a A. a Thirty-four years,. How long have you been employee as a County School Superintendent in Jefferson County? Four and a half years. What is the function of a County School Supervisor or Superintendent? Outside of maintaining and keeping all teacher certification, auditing, social security, retirement, basic other elements, it's give advice to and counsel I with Superintendents, Principals, others who might call upon us. Do many Superintendents seek your office's advice tor information or recommendations? They do. Are you familiar with the Plum Bayou School District No. 1? I am. Are you familiar with the Superintendent of that District? I am. What is his name? James K. Bradshaw. Has Mr* Bradshaw ever sought your help, advice, information, or recommendation from your office? He has on many occasions. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i t s o 4 T 0 2 4 - 1 2 3 4 5 fl 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25_ xurner - uixect | 447 a In che school year 1968-’69, did Mr. Bradshaw contact you in reference to a possible reduction in the | elementary teacher staff? A. He did. a Did you discuss with Mr. Bradshaw the question of how many elementary teachers unification would require? A. I did. Q. Do you recall how many elementary teachers that the decision was made to retain— or, let me ask you this, do you recall how many elementary teachers were at the Plum Bayou Elementary School and the Tucker-RosenwaId Elementary School at that time? A. Fifteen. Q. Do you recall, after your discussion with Mr. Bradshaw how many elementary teachers the School District would need after unification? A. Ten. Q. What was the basis or the reasons for your determination 1 in your discussion with Mr. Bradshaw that after unification the District would need only 10 of the 15 available teachers? A. Pupil-teacher ratio was one factor on which it was discussed, and the other is the formula for distribution of Scate Aid is based upon so many students per teaching position. GLENN H. PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 » o 1 Q. 2 I 8 A. 9 10 j ! 11 a 12 13 i A. | 14 1 G 15 ‘l 18 17 A. 18 |■ 19 20 21 22 23 During the same period of clme, Mr. Turner, did Mr. Bradshaw discuss with you the problem of how he would determine what ceachers would be retained and what ceacners would n o t b e retained after unitization* rie d i d . What did he explain tnis problem to you as or a solution that he may have? Mr. Bradshaw seemed quite concerned on how he could best keep, select, and retain the 10 teachers that he would need in the unified system. Did he indicate to you any ideas that he had in reference to how this would be accomplished? Yes, we exchanged ideas. Did you agree with Mr. Bradshaw in reference to the manner in which the reduction of teacher faculty would take affect? Yes, from the standpoint, as we discussed, the criteria on which it would be made. 1 suggested that one of the rairest manners that I knew, and I think there are those here that will attest to this other than Mr. Bradshaw, that I favored giving a National Teacher Examination and let it be administered by some outside source and graded by ■ ome outside source, that nobody in this D - c r t c t or tnis County or anyplace else could ever say b u t what it was done in accordance with--l made that GLENN H PERRIN O p p i c i a l . C o u r t Reporter F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s t h s o iurner - Direct 449 recommendation that we give, or that he administer or have administered a National Teacher Examination and let the chips rail where they would. Q. Now, when vou talk about this, are you talking about evaluating or giving this test to all 15 elementary teachers? A That's right. Q. Both black and white? A. Right. Q. Did, in fact, Mr. Bradshaw administer this type of test? A. He did not, to my knowledge, no, sir. Q. Do you know why he didn't? A. Well, there were those that objected to it. Q. Would you explain that? A. Well, there are those here that I am looking at arid they are looking at me that will recall that after it was mentioned, and I told it to Mr. Bradshaw, I had a telephone call from the teachers at the Tucker-RosenwaId School to make an appointment with me in my office, and they all came, each and every one of them, and they objected to that type of test, and we discussed it thoroughly in my office, each and every teacher of that faculty present, along with their Principal, and some of them are here to attest to what I am saying. Q. Did you explain to them that you thought that would be GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 iuraer Direct 450 1 i| 2 A. 3 j Q. 4 I A. Q. io j A. I n I I12 || 13 14 18 a15 18 17 I A. a 19 A.Ij 20! 21!! 22 23 24 25 as fair--a legal and fair way? I did„ What did those teachers recommend that they would rather have in place of it? Some kind of an evaluated criteria that would be based upon circumstances evolving around the present status of which they were teaching. Do you know, of your own personal knowledge, if Mr, Bradshaw used the National Administrative Test? He did not, because after this visit that evening, all of these people were my friends, and it that was going to cause any upset in his faculty, I contacted him and asked him not to consider that, and he did not. I asked him not to give the test, and he d i d n ’t. After this, did Mr. Bradshaw or you discuss any other form of evaluation? We did. Would you describe what you discussed? I Yes, sir. We had secured several means of evaluation for teachers from various schools and from various concerns, and we presented him some of the findings that we had, and we went over those that were being used in some of the other schools in Jefferson County and some that we had obtained from other schools outside of the I ! c o u n t y . GLENN H PERRIN O f f ic ia l C o u r t R epo rter f e d e r a l B u il d in g EL Do r a d o . A r k a n r a r 71730 Turner - Direct ____________ _________ I : | Q. 1 Axter the evaluation form ana criteria had been basically 1 agreed upon by Mr. Bradshaw and he had come up with his 3 i rough draft, did he visit with you again concerning this 4 criteria? 5 1 |1 A. He did. 6 What did you all do then? 7 Jj A. He minimized and cut down and made it as short as he 8 ] possibly could to obtain the needed results that he was 9 looking for because he told me he had been advised that 10 ] he would have to come up with something specific in 11 1 i I evaluating each teacher that he had on his staff, so it 12 1 was condensed into a form that he could take it and I 13 administer it. 14 Q. In your knowledge of the School District, do you know a 15! i Mr. Edwards? ! 16 ! A. Yes . 17 a Did you know what position he held in the year 1968-*69? 18 A. He was Principal, Tucker-Rosenwald. 19 a Did you know a Mrs. Blair? 20 A. Yes. 211 a What was her position? 22 H A. She was Principal over at the Elementary School at 23 Wright, Plum Bayou. 24 a Do you think that Mrs. Blair or Mr. Edwards was in a 25 I more favorable position to evaluate all 15 of the 1| i| GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r iiJJV** F e d e r a l B u i l d i n g ^*7$ EL D o r a d o , a r k a n s a e 7 1 7 3 0 ejjg $ K 1 teachers Involved? 2 A. 3 a 4 1 A. 5 6 j 7 8 9 Q. 10 11 12 A. 13 a 14 15 A. 16 Q. 17 A. is aII I do not. Why? Because Mrs. Blair c o u l d n ’t evaluate Jean's teachers, neither could he evaluate hers, that would have been an unfair situation to ask her to evaluate Tucker, for Jean to evaluate Plum Bayou. No, sir, that wouldn't have been fair. D i d--who do you think was the most— the person in the most favorable position to make the evaluation of all teachers and whose responsibility was it? It was Mr. Bradshaw’s responsibility. Once Mr0 Bradshaw made the evaluation of the 15 teachers, do you know how many Negro teachers he retained? Five „ Do you know how many white he retained? F i v e . Mr. Turner, my final question is, to you, that during 19 20 21 : 22 23 24 this entire period, that is, the period which you discussed the evaluation with Mr. Bradshaw, you discussed the objective written test with the Negro teachers, and all of your conversation with Mr. Bradshaw concerning the criteria and evaluation test, did Mr. Bradshaw indicate to you in any way or make any statements to 25 - — you that his evaluation of these teachers would be based GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL Do r a d o . A r k a n s a s 7 i7»o i - Liireci upon race? rie certainly did n o t v What was his attitude towards this problem? His attitude was one of professionalism approaching this in a manner whereby he could stand upon the decisions that he made from his evaluation. MR. STARLING: I believe that's all. 10 BY! 11 1 Q- 12 1 ,3 14 A. 15 a 16 i 17 1811 19 20 A. 21 a 22 A 23 a 24 25— A CROSS EXAMINATION MR. KAPLAN: Mr. Turner, in your 34 years' experience, have you found that black teachers are as good as white teachers, white teachers are as good as black teachers? I haven't seen where their color made any difference. In the last several years in your experience as County Supervisor here in Jefferson County as more and more school districts move to unification, has it also been your experience that many more black teachers have been let go from teaching positions than white teachers? Not necessarily so. Not necessarily? No, sir. Some teachers--some school districts haven't let anybody go, have they? I think that's true, and we have some where they have GLENN H. PERKIN O f f i c i a l C o u n t R v o u m F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 f a y i 454T u r n e r - Cross 1 gone to a unitary system that have more black teachers 2 than they had before they u n itized . 3 1 Q‘ I see. Which ones are those? 4 A . W ell, Linwood. 5 i a Anyone else? 6 j A . That is the one that I r e c a ll that has more. 7 Q. Now, how about those that haven't le t anybody go at a ll? 8 A . I wouldn't know how they have handled e ith er color on 9 le tt in g go or reta in in g. Now, I don 't keep those 10 records. 11 a W ell, you had a number o f black teachers come by and see 12 you about applications and whether you knew anybody 13 that-- 14 A . Black and white, yes, s ir . 15 Q. Black and white? 18 A . Right. 17 a A ll r igh t. I see. Lois Ann Thomas came by to see you, 18 did she not? 19 A . I am sure she has. There has been three or four 20 hundred. 21 o. Do you remember? 22 A . Sir? i 23 ; Q. Do you remember Lois Ann Thomas? 24 A . Yes, I remember Lois Ann. 2 5 a Can you point her out in the courtroom? | OLENN H PERRIN O f f ic ia l C o u r t R■FORTE* F e d e r al B u il d in g E L Do r a d o . A r k a n s a s t i 7 *o * Turner Cross 455 l j A . 2 3 Q. e A .I 7 i Q. 1 0 A . 11 I 12 i! a 13 A. a A. 14 15 ia 17 18 19 20 j 2 1 || A 22 Q. 23 II A. 24 Q. 25 A . No, I don’t know ir I could identify a teacher in here just by pointing them out because there is too many cooes by. I see. Do you recall her coming by and asking you about putting in an application? Yes, she's been by the office, yes, sir. And you told her, did you not, that her transcript which was already on file with you and her certification would serve as application, didn't you? I am not sure that I said that, because I don't know if I have her transcript. Well, don't you keep certifications and transcripts of teachers — No, sir. --in the District? We keep transcripts — I mean certification, but not necessarily transcripts. I see. Now, is that your custom— is it a custom of yours to take actual applications from teachers or just to consider — We take applications and keep them in folders, yes, sir. I see. Did you ever take one from her? I don't know. I see. But we have three or four hundred down there, and Lois' GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7t7so iuiuci. - or oss i 456 i 3 4 a j ij 7 A . 10 11 12 ii a A . a A. a 13 14 15 16 17 18 A. 19 Q. j j20 A- II I 21 ; Q- 22 A. 23 i! Q . 24 25 could very ea s ily be there and Dora's could be th ere , I am sure several o f tnem are, but id en tify in g one out j o f that 300, s ir , I cou ldn 't. I see. Now, these c r it e r ia that you are talk ing about, where did you get them from, what are these forms that you talked to Mr. S tarling about? Since I have been up to the County School O ffic e , I have w ritten to other schools asking for copies o f the c r it e r ia on which they evaluate their personnel and have taken those and accumulated them. I used them in my own school. Which school was that? County School D is tr ic t . You were a Superintendent of the County School D is tr ic t? I s t i l l am, yes, s ir . I see. What did you do before you were made County Supervisor? I was Superintendent or Linwood School. How long were you Superintendent there? Five years. And teacher in that d is t r ic t before then? Principal-Teacher, yes, s ir . I see. Did you ever make w ritten evaluations while you were there? Written evaluations? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 so Turner Cross 3 , 8 !| 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 0- Yes, s ir* A. Not as such, no, s ir . a Who did you w rite to , what school d is tr ic ts did you w rite to to get these forms, to get these c r ite r ia ? A. I think we could substantiate i t from the schools here in Jefferson County. Q. Which ones did you w rite to? A. Dollarway, W hitehall, Pine B lu ff, Watson Chapel. 0- A l l r igh t. Did you w rite to AM&N College and ask them for their help, too? A. I don’ t —no, s ir . Q. You didn’ t? A. No, s ir . Q. A l l r igh t. Are you fam ilia r with some o f the forms that they— that these various in stitu tion s use, then, since you wrote for them? A. The schools, yes, s ir . Q. Have you ever seen one that used f iv e c r it e r ia lik e this? A. Not only as sub-heads, they would have qu ite a few more things under those. Q. They would a l l have a great many more l i t t l e items or sub-topics under general c la ss ifica tion s? A. Most of them, yes, s ir . Q. A l l r igh t. Now, would you say, in your experience as a G L E N N H P ER R IN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g E L Do r a d o . A r k a n s a s 7 i73o iurner cross 458 teacher and as administrator, that chose sub-topi.cs, sub-neadings, are extremely helpful in defining the strengths and weaknesses within a given area? A. Yes, you can have many other criteria under these main headings here that are valuable, yes, sir. a All right. Now, when you served as Principal in the Linwood School District, did you feel that you were in a very unique position to really know best the teachers that were working under you? A. I felt with the contact with my Superintendent, Mr. Dowell, that together we could evaluate them, yes, sir. !Q. Well, now, was Mr. Dowell in the same building as you? A. Yes, sir. Q. Did you have a black school there, too,-- a. Yes, sir. Q. --in the district at that time? A. Yes, sir. a All right. Now, did they have a Superintendent— I mean a Principal? A. Yes, sir. Q. All right. Now, who, in your school, had the most contact, day-to-day contact, with the teachers, was it you as Principal? A. From day to day? Q. Uh-huh. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7«79o i u i u e r i,ross 459 I wouldn't know that the Superintendent d idn 't have anything in the world to do but to go about and super v ise and I had some other a c t iv it ie s other than being Principa l o f the School. In that particu lar s ituation , s ir , I wouldn’ t know. AH r igh t. I t is common, in a two-school s ituation , one black, one white, that the Superintendent is in da ily 8 i 9 i|I 10 j A. 11 I 12 I Q. 14 15 16 17 18 I 19 A. a A. contact with a l l aspects at the white school, is n 't that what was common in this county? No, in this county the Superintendent is the administra t iv e o f f ic e r . But he has, genera lly , in this county, his o f f ic e in the white school, is n 't that r igh t, or what used to be the white school? His resp on s ib ility as a Superintendent has been the en tire d is t r ic t . I know, but hasn't his o f f ic e and almost a l l o f his day-to-day a c t iv ity been in the white school? His o f f ic e , yes. 20 : Q. j 21 ;| 22 A. 23 l| Q- 24 25 A ll r igh t. And most o f his time is spent there, too, is n 't it? When he is in his o f f ic e , he is there, yes. A ll r igh t. Now, the situation has been, espec ia lly in larger d is t r ic ts , and then in black schools, a lso , that the Principal there has the most day-to-day contact with GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o xurner - cross 46 0 ■i- 2 | A. 3 4 a I! 11 i 12 13 Q. 14 A. is : a 16 17 j A. i 18 , 19 I Q. 20 22 Q. 23 24 25 | A. his teachers, isn ’ t that righ t? Any Principa l that is involved with his teachers should have, yes. A l l r igh t. Now, i f you were evaluating a group of teachers, would you think anything wrong about advancing the causes, the good poin ts, the bad po in ts , the d e fic ien c ies , the good teacher q u a lit ie s , about the men and women who worked under you as a Principal? No, I have no ob jection , because here's what I did, I gave them the sheet and le t them evaluate themselves, then 1 gave the Principa l a sheet and le t him evaluate them, and then I evaluated them, and I ag ree ,-- A ll r igh t. - - s o , no, I don 't ob ject, I am glad for i t to be. Self-appra isa l is an important part o f any teacher evaluation, is n 't that right? I lik e for i t to be a factor in my own personal judg ment . A ll r igh t. Then the immediate supervisor, his appraisal is a c r i t ic a l function, too, is n 't it? I think d e fin ite ly we take that under consideration. A ll r igh t. Now, then, the supervisor's appraisal, the Superintendent's appraisal, his is another fa c to r , is that righ t? W ell, the immediate supervisor reports to the GLENN H PERRIN Of f ic ia l Co u nt R nfontcn F e d e r al B u il d in g EL Do n a d o . A r k a n s a n 717*o CrossTurner - 461 1 Superintendent,- - 2 a Right. 3 A. --and i f they are a team, they are working c o lle c t iv e ly 4 s ir , they are not working separately; i f they a re , they II 5 II I are not having a school system. 6 a Did you hear Mr. Bradshaw te s t i fy that he did not 7 i| consider at a l l Mr. Edwards' evaluations o f his 8 teachers? 9 | A. No, I don 't know that I heard that. 10 a Oh, you d idn 't hear that? 11 A. I don 't know as I did. 12 ! a A ll r igh t. T e ll me, s ir , i f Mr. Edwards' evaluations 13 14 15 16 17 18 19 20 21 I 22 !j Q. 23 A. 24 25 a o f his facu lty members were not considered at a l l by the Superintendent, Mr. Bradshaw, when he evaluated his 15 teachers, what would you think? W ell, I don 'fc--I don't — I think i f Mr. Bradshaw said that, i t was taken out o f context, because I think he evaluated what Mr. Edwards said to him about his teachers , but 1 think what he was saying or what 1 believe he would have said was that he had the resp on s ib ility and he made the decision w ithout-- No, no, no, no. —depending on what Jean said, but I am sure he talked with him. I f he said that he d idn 't consider them at a l l , what GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r a l B u il d in g EL Do r a d o . A r k a n s a s 71730 462 1 would you chink? Wouldn't you think he would have to 2 I consider them to get a true picture? Turner - Cross 3 I A. 4 5 ; Q- 6 [I || 7 1! A. a io i! a 12 13 14 15 16 17 18 19 20 21 22 A. a A. a A. 23 I don 't know why he would say that, you would have to ask him. No, wouldn't you think that he would have to consider his P r in c ip a l's evaluations in order to get a good p icture, a true p icture, a fa ir picture? I think he did. Wouldn't you say that he would have to do that in order to get that, in order to get a true and a fa ir picture of the teachers? No, I wouldn't know i f he would have to . Do you think i t would be easy to do without it? I think i t would be p ra c tica l, in my judgment. To do i t that way, to use the P rin c ipa l's? In my judgment, yes. MR. KAPLAN: Uh-huh. That's a l l . MR. STARLING: No more, Your Honor. THE COURT: You may stand aside. Have you concluded with th is witness? MR. STARLING: Yes, s ir . THE WITNESS: May I go, s ir? THE COURT: Do you have any further need of I i 24 25 Mr. Turner? MR. KAPLAN: No, Your Honor. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 717*0 1 . SVSx C i a u - uirecc 463 THE COURT: You may oe excused, then„ THE WITNESS: Tnank you, s ir . (Witness excused.) MR. STARLING: My next witness is Mrs. Blair. 10 n 12 13 14 15 16 17 18 19 20 21 22 23 i| 24 MILDRED BLAIR. ca lled as a witness on behalf o f the defendants, being f i r s t duly sworn, t e s t i f ie d as follows: DIRECT EXAMINATION BY MR. STARLING: a A a A. a A a A. Q. A a 25 '__ Would you state your name and address, please, ma'am? I am Mildred Blair and I live at Sherrill. What is your job, Mrs. Blair? Well, I am Head Teacher at Plum Bayou School. How long have you been in the teaching profession? Forty-one years. How long have you been a teacher in the Plum Bayou D is tr ic t No. 1? Oh, about 30 years. How long have you been the Head Teacher at the Plum Bayou Elementary School? Ten years. In the school year '68-'69 when the unitization o f the elementary schools became a possibility, did Mr. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n e a r 71730 S79 A IJ JLO jLi. U Jl-L C L L 1 2 *;| A. 6 71 a. 8 9 10 11 12 A. G 13 l! A. Bradshaw ta lk with you and your teachers about a necessary reduction in teacner faculty? Yes. What was his discussion along these lines? Was that there would be a necessity probably that some would have to not be retained . In talk ing with you and your teachers at the Plum Bayou Elementary School, did he indicate that he was attempting to come up with some method o f determining who would be retained and who would not? Yes, s ir , he did. What did he say he was attempting to do? To determine those that he would reta in . 14 j G In other words, what was his ideas in reference to who 15 he would determine— how he would determine who would be 18 retained and who would not? 17 A. You mean whether they would g ive th is te s t— th is te s t , “ or what? 19 a W ell, le t me ask you—rephrase my question in that 20 respect. Did Mr, Bradshaw mention to you and your 21 teachers that he was thinking about g iv in g a N ational-- 22 A. Yes. 23 G --type of • SB 24 A. Yes. 25 G --administered test? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o Biatr - Direct li A. 2 a 3 4 || A . 6 Q. i 7 ! A . 8 | a 9 Yes, he did. And did he state to you that, in ta c t, those ten teachers who scored the highest would be retained and those that scored the lowest would not be retained? (Nods head a ffirm a tiv e ly ) You have to answer "Yes". Yes. What was the reaction of you and the teachers at the Plum Bayou Elementary School with reference to this 10:i type o f test? 11 A. W ell, most everyone kinds dreads a test but we didn’ t 12 make any objection to having to take the te s t . 13 a Did Mr. Bradshaw give you this te s t- - 14 1 A No. IS a --or g ive the teachers this test? 16 A- No, he did not. 17 Q- i When he was talk ing about administering th is type o f 18 te s t , was he talk ing about administering i t only to the 19 white teachers? 20 A . N o . 21 | a Who was he ta lk ing about? 22 A To a l l the teachers. 2 3 a Both black and white? 24 A Yes, in both schools. 2 5 Q. Do you know whether or not th is te s t was given? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F ederal B u il d in g E L Do r a d o . A r k a n s a s 7 i7 »o A. As far as I know, it was not given. Q. Did Mr. Bradshaw talk to you and your teachers at a later date concerning another method of evaluation of teachers? A He did. Q And what, basically, did he tell you about this method of evaluation? A . Well, he was trying to come up with something that he felt would be fair and impartial way of deciding whom he should keep. Q. Did he indicate to you or your teachers or state before you and your teachers that it was his idea to come up with a method of evaluation which would best evaluate both the black and white teachers to determine which was the best overall teaching ability? A. That's right, all of them were to be judged alike. Q. Mrs. Blair, during this period of time, did Mr. Bradshaw ever tell you or any of your teachers, white teachers at the Plum Bayou Elementary School, or make any statements to you concerning the fact that he was not going to let go any of the white teachers, so don't worry, and, therefore, he would only let the black teachers go in reference to this evaluation test? A. That was never said. Q. What did he say along these lines? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s t i t so B la ir - Direct 2 3 4 6 || 7 i l 8 ii 9 10 11 12 !i 13 14 15 ! 16 | 17 18 19 20 21 i 22 24 I 25 A. That he would make Che evaluation and would retain the ones that he felt was qualified, as he saw them. Q. Did you ever v is i t the Tucker-Rosenwald Elementary I School to observe the teachers and their performance in their classroom duties? A. No, s ir , I did not. Q. Do you know whether Mr. Edwards ever v is ited the Plum Bayou Elementary School to observe the teaching performance of your teachers? A. He did not. ! Q. Could you have evaluated Tucker-Rosenwald teachers? I A. I wouldn't have dared try . i a Do you know i f Mr. Bradshaw v is ited in the classrooms in your— in the Plum Bayou Elementary School? A. He did. Q. How often would he v is i t those classrooms? A. W ell, he came regu la rly , 1 would say possibly once a month, to v i s i t the classroom. He often walked through the building and observed what was going on in the build ing. Q Mrs. B la ir , at anytime at the fa ll--b eg in n in g in the I f a l l of 1968-'69 and u n til present, has Mr. Bradshaw made any statements to you or to the teachers in your presence that he based his evaluation of these teachers on race? ----------------------------------------------------------------------------- ----— — -----i- GLENN H PERRIN O f f ic ia l . C o u r t R epo rter F ed e r al B u il d in g EL Do r a d o . A r k a im a * 7 i7 »o o ia ir - uirecc 5 2 . 3 467 BJ-air - Direct 46 8 1 A 2 3 4 5 6 7 B̂ 8 ! Q. 9 | 10 1 A. 11 a 12 j A. 13 14 a i 15 16 i A 17! 18 1 19 A 20 21 j Q. 22 23 24 25 Oh, no, never„ MR. STARLING: That's a l l . Just a minute. THE COURT: Any questions, Mr. Kaplan? MR. STARLING: I am through. CROSS EXAMINATION 3Y MR. KAPLAN: Did you prepare, in any way, for Mr. Bradshaw, your evaluation o f your facu lty members? Yes, we discussed the teachers in my-« Did you ever put i t in writing? I think I jo tted down some notes, but I d idn 't g ive them to him. How long did you spend with him when you did ta lk about your facu lty members? I t 's been a good w hile, I couldn 't t e l l you exactly . Could you t e l l me approximately, to the best o f your a b ility ? I doubt i f I could t e l l you exactly , but possibly 45 minutes or an hour. Do you think that in a meeting between you and Mr. Edwards and Mr. Bradshaw that you could have talked about the weaknesses and strengths o f your teachers and considered those strengths and weaknesses as opposed to what Mr. Edwards might say about his facu lty members' GLENN H PERRIN O f f ic ia l C o u n t R v o u t d i F ederal B u il d in g EL Do r a d o . A r k a n s a s 71730 s ' z y . , A.O 11 V*I. & 469 ---1 1 2 A. 3 4 5 ! Q- 6 7 A. 8 a 9 I A- 10 a 11 12 13 14 A. 15 Q. 16 17 !| A. 181 ! a 19 A. 20 a 21 ;! 22 23 ; A. 24 25 ! rii ■ II strengths and weaknesses? You know, I don't know whether you could or not. You could certa in ly discuss i t , but whether or not there would be an understanding o f what one of you meant. I see. But you could have, in a meeting, discussed with a l l - - You can discuss i t , — R igh t. --whether or not you come to a decision. Uh-huh. And would you have been prepared to do that, to discuss the strengths, the weaknesses, the c e r t if ic a t io n s , the academic records, the d isc ip lin e of each o f your teachers? I Not the c e r t i f ic a t io n , but I would have th e ir - - Did you know which ones were c e r t i f ie d and which ones were not c e r t if ie d ? W ell, I suppose they a l l were. Do you know whether they a l l were? Yes, they were. Do you know whether M rs.--at that time Miss Janet Dye, la te r Mrs. Janet Dye Wall, was c e r t i f ie d to teach as an elementary school teacher? Was that what you were asking, whether they were qu a lified to teach there or c e r t i f ie d to teach there? No, I did not know. Yes, I knew she was not. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7so 5 2 ? * . Did 1 1 or oss 11 Q.| You knew she was not c e r t if ie d ? 2 1| a. I knew she was c e r t i f ie d to teach, but not elementary, 3 yes. 4 a I see. At anytime during the school year 1968-'69, 5! did you learn that Mrs. Ramsey was thinking about 1!6 leaving the system? 7 | ! A . No. 8 0- You did not? 9 I A. I d idn 't know. 10 I n i 12,i 13 14 15 16 n : 18 MR. KAPLAN: That's a l l . THE COURT: You may stand aside, Mrs. B la ir . (Witness excused.) | | MR. STARLING: Your Honor, I have four very short witnesses. F irs t of a l l , I would lik e to c a ll Mr. Clyde Archer. i CLYDE ARCHER. 19 ca lled as a witness on behalf of the defendants, being f i r s t 20 duly sworn, t e s t i f ie d as fo llow s: DIRECT EXAMINATION 22 23 24 25 BY MR. STARLING: Q. Would you state your name and address, please, A. Clyde Archer, Wright, Arkansas. Q. How are you employed, Mr. Archer? GLENN H PERRIN O f f ic ia l C o u r t R eporter F e d eral B u il d in g EL Do r a d o . A r k a n s a s 717»o sir? 47 i 1 * I am self-employed. 2 i a F armer ? 3 A. Cotton farmer. 4 a Are you on the Board--are you one o f the D irectors on || 5 j the Plum Bayou School Board? 1 6 A. I am. 7 i! a Do you hold any sp ec ific capacity as a D irector? 8 A. Secretary. 9 Q. You are the Secretary. Mr. Archer , have you attended, 10 or did you attend, the meetings o f the School Board in 11 !| the year 1968-’ 69? 12 !| A. Yes, s ir . 13 a Do you ever r e c a ll in one o f those meetings whether the 14 ! Negro teachers were there from the Tucker-RosenwaId 15 16 17 18 19 20 21 i Q. 22 23 24 25 School and a Mr. Enoch Tony, I b e lieve , made reference to some question concerning the retention o f the Negro teachers during the evaluation? Were you there at that meeting? Yes, s ir , I think I was, but I wouldn’ t know whether i t was Enoch Tony or who i t was, because I d idn ’ t know him. W ell, le t me ask you th is : While you have been in the school—on the School Board at the meetings during the year 1968-’ 69, did you ever hear Mr. Bradshaw say to the Negro teachers present at that meeting that he would not f i r e a white teacher to h ire a "N igger"? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7»o Ssrs 472I ar c u e r - Direct 1i| 1 ^ 2! Q. 3 !l 4 5 ll l! a. 6 I * 7 8 I 9 j 10 | 11 A. 12 Q. 13 14 A. 15 1 16! 17 i 181 19 20 ! 21 Q- 22; i A. 23 | q. j| 24 A. 25 No, s ir . Did you ever hear Mr. Bradshaw say to the Board or to any o f the Negro teachers present that he would not dismiss a white teacher to h ire a black teacher? . No, s ir . Mr. Archer, did you ever make a statement to any o f the School Board or to any o f the patrons or the teachers of that D is tr ic t at any School Board meeting that you would n o t allow Mr. Bradshaw to f i r e or to dismiss any white teacher to hire a "N igger"? No, s ir . What is your--what was the School Board and your i attitude towards u n iiica tion o f your schools? W ell, I think at f i r s t we were a l i t t l e hesitant by being in the south, but when i t become the law and we rea lized i t was the law o f the land, we had desire to comply with the regu lations, federa l regu lations, and I think at that time we employed an attorney to advise us as to how to go about i t , and we have followed his advice a l l o f the way through. Have you ever been directed by a court-- ' No, s ir . - - to un itize? No, s ir . MR. STARLING: I b e lieve th a t's a l l , Your Honor. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d eral B u il d in g EL Do r a d o . A r k a n s a s 7 t7so 473 MR. KAPLAN: No questions. THE COURT: You may scand aside. I (Witness excused.) MR. STARLING: Like to c a l l Mr. Maynard as a witness, Your Honor. J. B. MAYNARD. j ca lled as a witness on behalf of the defendants, being f i r s t 10 ii duly sworn, t e s t i f ie d as fo llow s: 11 l| DIRECT EXAMINATION 12 BY MR. STARLING: Would you state your name and address, please, s ir? J. B. Maynard, Wright, Arkansas. How are you employed, Mr. Maynard? Self-employed, farmer. Farmer. Are you a member o f the Plum Bayou D is tr ic t No. 1 School Board? Yes , I am. Do you hold any specia l capacity? V ice-Presiden t. V ice-President. Were you at attendance in the meetings of the School Board during the school year 1968-'69? I am sure I was, I don’ t remember any that I have missed. G L E N N H P ER R IN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g E L Do r a d o A r k a n s a s 717»o Maynard - Direct 13 a 14 i »•1 15 a 16 A. 17 i Q- 18 19 A. 20 a 21 A. 22 a ! 23 1 24 A. 25 2 3 4 51!! 6 l| 7 ! 8 'I 10 I 12 I 13 14 15 16 17 18 19 20 22 i 24 25 Or Do you ever recall at any school meeting which was held during that year or any previous years to cnat where you were present and Mr. Bradshaw made the statement to the Board or to the Negro patrons there, teachers, faculty, or whoever they may be, that he was not going to dismiss any white teachers to hire any "Niggers"? A. I have not. Q. Have you ever heard Mr. Clyde Archer, the Secretary of the Board, state that he would not allow Mr. Bradshaw to dismiss any white teachers to hire "Niggers"? A. I have not. Q. What was your attitude towards unification? A Well, I am kinda like Mr. Archer said, that there was a law that was passed and we felt that we had to abide by it, and as a whole, we had the two school systems out there, and I had them, the colored students and also the white students, at heart, one as much as the other, and if it took that to make a better school, why then we was for it„ Q. Has the School Board, in any of its meetings--let me rephrase that question. When Mr. Bradshaw recommended to the School Board the list of teachers who he had decided to retain after the evaluation, did the School Board discuss the races of those teachers? A. No, sir, we did not. M a y n a r d - Direct 474 i G L E N N H PERR IN O f f ic ia l C o u n t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 1 7 3 0 M a y n a r a - cross 475 MR. STARLING: I b e lieve th a t's a i l , THE COURT: Just a minute. CROSS EXAMINATION BY MR. KAPLAN: 6 a 7 ! A. 8 I 10 24 A. 25 Mr. Maynard, how long have you been on the Board? W ell, I can 't remember exactly . I think I was appointed at f i r s t to take another member's place that was moving out of the D is tr ic t , and I think I have been ree lected tw ice. 11! a How about Mr. Archer? Do you know how long--was he 12 the Board before you? U ' A. No, Mr. Archer came on the Board after I. 14 i| a Who are the other members of the Board? 15 A. Now? 16 a Yes. » A. Mr. Surratt. 18 a How long has he been on? 19 A. Mr. Surratt, I think, has been on maybe a couple of 20 y e a r s. 21 ' a Mr. B r o w n, how long has he been on? 22 A. Mr. Brown has been on three or four years, I would 23 Q. And the fifth member? Mr. Conley has served on the School Board, I suppose, for 20 yea rs ,— GLENN H PERRIN O f f ic ia l C o u r t R e po r t cm F e d e r al B u il d in g EL Do r a d o . A r k a n g a c 717CO C o n l e y - Direct 476 1 2 3 4 5 6 7 ;|i 9 10 11 12 13 14 15 16 17 18 19 20 21 j| 22 | 24 25 o. Thank you. A. --maybe more. MR. KAPLAN: That's a l l . (Witness excused.) MR. STARLING: Call Mr. Conley, FRANK J. CONLEY. ca lled as a witness on behalf of the defendants, being f i r s t duly sworn, t e s t i f ie d as fo llow s: DIRECT EXAMINATION BY MR. STARLING: Q. Would you state your name and address, p lease, s ir? A . Frank J. Conley, Wright; Arkansas. Q. How are you employed? A. I am a farmer. Q. How long have you been on the School Board? A. Approximately 25 years, maybe a l i t t l e longer or just a l i t t l e less . Q. Were you present at the meetings of the School Board ca lled during the school year 1968-‘ 69? A. Would you repeat that? Q. Were you present during the School Board m eetings--for the School Board meetings during the school year 1968-‘ 69? GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o A r k a n s a s 7 i7 »o "T co n i e y - Di r e c t 477 A. I think I was in attendance at every one of them. Q. Do you recall at anytime that you were present at any of the School Board meetings that Mr. Bradshaw made any statement to you or to the Board members or to the ij Negro teachers or to the Negro patrons to the effect that "I will not dismiss any white teachers so as to hire any ’Niggers'"? ! A. No, I did not hear him make that statement. ji Q. Did you ever hear Mr. Clyde Archer, the Secretary of the School Board, make such a statement? A. I did not. Q. What was the School Board’s policy in reference to this reduction in teacher force and evaluation? A. What was that, now? Q. What was the School Board's attitude and policy in reference to the evaluation of the teachers? A. What was the Board's? Well, let Mr. Bradshaw do that. We depend on Mr. Bradshaw as Superintendent, we are not school men, and we let him do that, and he brought every one of them to us, he brought the list to us and presented them to us, and we backed his judgment, we thought he did the right thing. Q. Did you agree with Mr. Bradshaw that both the Negroes and the whites should be evaluated together? A. Well, yes. GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d eral B u il d in g E L Do r a d o . A r k a n s a s 717*0 C o n l e y - Cross i 47 8 MR. STARLING: I b e lieve th a t's a l l . CROSS EXAMINATION BY MR. KAPLAN: 6 || 0- Mr. Conley, when was the f i r s t time that you learned that there would have to be a reduction in the teacher force? W ell, when we f i r s t un itized , began to ta lk about i t . Did you ever consider any a ltern a tive to a reduction in f or c e ? No. The Board d id n 't , no, that was l e f t up to Mr. Bradshaw. Did you partic ipa te in the decision not to reh ire Asive Thomas? Yes, I sure did. Did you fo llow the recommendation of Mr. Bradshaw at that time? That's r igh t. That year had you had any com petitive sports at Plum Bayou High School? I don't think so, no. You did re in s titu te them the next year for '68-'69, is that right? I think so. Were you involved in the decision not to have 8 i A. 9 a 10 i 11 A. 12 13 a 14 15 A. 16 a 17 CO*H A. 19 a 20 21 A. 22 1 Q. 23 i24 A. 25 a GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s t «7 »o & 479Con l e y - Cross 1 *'j A. 3 ;| a 4 A. 10 Q. competitive sports? Yes, I was. What was the reason for that? Well, at that time we was the only school in this part of the country that was fully integrated, and we couldn’t— we didn’t want some outsiders coming in--I never did believe we would have any trouble in our School District, but, you know, there is outsiders comes in and sometimes cause trouble, and we didn't want it. What kind of outsiders? u 12 13 14 15 16 17 18 19 20 A. a A. a A. a 21 II A. 22 Sir? | What kind of outsiders in sporting events? You know, people come from everywhere to a basketball game, that was all we had was basketball and a little baseball. Did you participate in the decision to hire Mr. McConnell? I sure did. At the time that the Board decided to hire Mr. McConnell, did you consider Mr. Thomas for that position? No, we left that up to Mr. Bradshaw, Superintendent, to pick the teachers. I don't think it's the Board's place 23 24; aI 25 to pick teachers, we are not qualified to pick them. I see. Did you know, of your knowledge, whether or not Mr. Thomas was a qualified Coach-Physical Education GLENN H PERRIN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in o EL Do r a d o . A r k a n r a r 7 «7 »o S S f A i coniey - cross - | -------------------------------------------------------------------------------------------- 11 teacher? 2j A. W ell, no, I didn't know it. 3 Q. Is the black School Board member here today? ji 4 j a. Sir? 5 Q. Is the black School Board member here today? 6 A. No, sir, I don't see him. I7 j Q. What's his name? 8 A. Alec Brown. 9 ij Q. Alec Brown? 10 ! A. Yes , sir. 11 ! Q. Did he go to all of the meetings, also? j 12 A He's at most of them, he misses a meeting every once in 13 awhile. 480 14 15 16 17 i 18 1 J 19 20 I 21 [ 22 | 23 j! 24 25 Q. Did Mr. Bradshaw ever discuss with the School Board the equalization of salaries for black and white teachers? A. Well, 1 don't believe Mr. Bradshaw has that, but Mr. Elkins, back several years ago, brought it up with the School Board to equalize them, and so I think Mr. Bradshaw has kept them equalized as well as he could. Q. You saying several years ago they were equalized? A It was brought up before the Board, now, when Mr. Elkins was teaching school. Q. I see. And did you actually equalize them way back then? A. We come up with them as near as we could. G L E N N H P E R R IN Of f ic ia l Court R eporter Federal Bu ild in g E L Do rad o . A r k an sa s t it s o 481i C o n l e y - Cross 1 j Q- 2 A. 3 a 4 5 ! A. 6 ! i 7 ! 8 a 9 j 10 l A- 11 ! ft 12 13 i A. 14 ft 15 A. 16 i Q. 17 18 1 19 A. 20 a 21 . 22 A. 23 a 24 25 A. As near as you could? Yes. Was chere something that prevented you from equalizing them a l l the way? W ell> i t ' s —with the Board, i t would be. Now, Mr. Elkins is the one that—the Superintendent, he is the one that fixes out the teachers’ sa la r ies . 1 see. Do you r e c a ll having a discussion at which Mr. Edwards—Mr. Jean Edwards, do you know him? Yes, I know Mr. Edwards. --a t which Mr. Jean Edwards was present when he asked the School Board about equalization o f sa laries? No, I can 't r e c a l l . Are you saying that such a meeting never took place? I can 't r e c a ll of one. At the time that Mr. Bradshaw brought the l i s t of teachers to you, did you know that Mrs. Ramsey was going to be resign ing anyway? No, I d id n 't. Did he have Mrs. Ramsey's name on the l i s t , or do you remember? 1 don 't remember. How about Mr. Edwards, did you know whether or not he was going to resign? No, I d idn 't know he was going to res ign . G L E N N H P E R R IN O f f ic ia l C o u n t R eporter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7i7SO 482uonj.ey - tross 1 a Haw did you fe e l about un ifica tion in the D is tr ic t , Mr. 2 Conley? 3 A. Unification? 4 a (Nods head a ffirm a tiv e ly ) 5 i A W ell, i t was the only thing we could do, i t was the 6 law, and as c itizen s of America, why i t was the law o f 7 the land, and we try to abide by i t . 8 ! ^ Did you know that a l l of the teachers that were being 9 le t go were black? 10 A Sir? 11 a Did you know that a l l of the teachers that were being 12 i 1 le t go were black? 13 i A.i They w eren 't. No, I d idn 't know. 14 a You d idn 't know that? Who wasn't? 15 A. Mrs. Ramsey. 16 i o. You knew she was leaving o f her a*m, d idn 't you? 17 A No, s ir . 18 a You d idn 't know that? 19 A No. 20 j a Did you la te r learn it? 21 A. What, her leaving on her own accord? i 22 Q. Uh-huh. Yes. 23 1 A. No. 24 a You never learned that? 25 A. (Shakes head n egative ly ) GLENN H PERRIN O f f ic ia l Co u n t R eporter F e d e r al B u il d in g E L Do r a d o . A r k a n s a s 7 i7 so burr a t t Direct 483 MR. KAPLAN: Thank you. MR. STARLING: That's a l l , Your Honor, THE COURT: Stand aside, (Witness excused.) MR. STARLING: We c a l l Mr, Surratt as the la s t one, J, W, SURRATT. ca lled as a witness on behalf o f the defendants, being f i r s t duly sworn, t e s t i f ie d as fo llow s: DIRECT EXAMINATION BY MR. STARLING: Q. Would you state your name and address, please, s ir? A. J. W. Surratt, Star Route, Tucker. Q. And how are you employed? A. W ell, I am a parttime farmer and a construction worker, an e le c tr ic ia n . a Mr. Surratt, are you on the Plum Bayou School D is tr ic t No. 1 School Board? A. Yes, s ir , I am. Q. Do you hold any position on that Board? A. No, s ir . Q. Just a member? A. Right. Q. Were you present during the Plum Bayou School Board GLENN H PERRIN O f f ic ia l C o u r t R eporter F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7so 1 1 2 A. 3 a 4 5| I 6 7 8 1 A. 9 a 10 11 12 13 14 15 A. 16 17 18 19 20 21 22 23 24 25 meetings during the school year 1968-'69? I am sure I was. W ell, tor those meetings which you were present, did you ever hear Mr. Bradshaw make a statement to you or to the Board or to any o f the Negro facu lty or patrons of the D is tr ic t that he would not dismiss any white teachers to h ire a "Nigger"? No, s ir , 1 did not. Did you ever hear Mr. Clyde Archer, Secretary o f the Board, at any meeting o f the School Board, make such a statement to the Board or to the Negro facu lty or patrons of the D istric t? No, s ir , I did not. What was your attitude toward un itization? W ell, I knew that this thing wasn’ t going to be easy, and that i t was going to be a hard decision , because I knew there would be c o n flic t there, that there would be some people hurt, and, the fac t is , we were warned when we had meetings with Mr. Turner and them that there would be some people hurt. I t ’ s just lik e saying you had a basketball team out there, w e ll, everybody is wanting to play, but you can only put f iv e on the f lo o r . We had 15 people and we could only use 10, and somebody h a d to be terminated, and that we d idn 't have room for a l l o f them. Surratt - Dir e c t 484 A. Q. G L E N N H P ER R IN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g E L Do r a d o . A r k a n s a s 7I7SO £ 7 0 * . burratt Direct 485 ; 0. What was your attitude towards the evaluation form and the tact that Mr. Bradshaw was going to evaluate both Negro and white? A. I thought i t was the only fa ir way that he could. I Q. Had the School Board contacted their attorney? j A . I am sure they had, yes, s ir . -2. Has this School Board or D is tr ic t ever been ordered by a court to do anything in regards to integration? A. No, s ir , we have not. Q. What is your a ttitude towards lawsuits with the | Federal Government or w ith—with the Federal Government? A. W ell, now, I understand that th is lawsuit is for discrim ination, and looks to me lik e us grown people are discrim inating from our ch ildren , because we are a poor School D is tr ic t and we need every penny to buy what needs our teachers need, and i t is costing us time and money to do th is , and i f there is any discrim ination, I think i t ’ s against our school children, a W ell, I d idn 't r e a lly ask for that answer, what I r e a lly I asked was, your D is tr ic t , has i t ever had the attitude o f wanting to become embroiled in suits by the Federal Government? A. No, s ir . I Q. What has been your attitude in th is respect? A. I beg your pardon? GLENN H PERRIN O f f ic ia l Co u r t R epo rter F ed e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 *o I 486Surratt - Cross i 1 i| a 2 A. 3 a 4 A. 5 j 6 a 7 8 A. 9 1 10 ! 11 12 | BY 13 Q. 14 i 15 A. 16 !; 17 I 18 19 a 20 ; 21 j| A. 22 1 Q. What has been your attitude in this respect? In obeying the law? (Nods head affirmatively) I don't think you have any choice, you have to obey the law. Were you one of the first School Districts in this area to unitize your schools? So far as I know, we were. MR. STARLING: That's all. CROSS EXAMINATION MR. KAPLAN: Mr. Surratt, when did you first learn that there would be a reduction from 15 to 10 members on the faculty? Well, I didn't know exactly how many that we would retain or how many we would have to dismiss, but I knew that we had too many teachers and somebody would have to go. Did you ever ask your administration, Mr. Bradshaw, to consider -- No, sir, I didn't. --any alternatives which would not require teachers to i be displaced? 24 i A. 25 a No, sir, I did not. Did you, yourself, ever consider any? GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 s o 487I Edwards - Direct i j j A. No, sir. 2’I Q. To your knowledge, any of the Boar a saembers? 3 A. No, sir. MR. KAPLAN: That's all. MR. STARLING: I have no further witnesses, Your Honor. THE COURT: Stand aside. 13 14 (Witness excused.) THE COURT: Anything further, Mr. Kaplan? MR. KAPLAN: One rebuttal witness, if Your Honor please. Mr. Edwards: JEAN C. EDWARDS. 15 16 17 21 jj 22 23 25 called as a witness on behalf of the plaintiffs, in rebuttal, jI having been previously duly sworn, testified as follows: DIRECT EXAMINATION BY MR. KAPLAN: Q. Mr. Edwards, you are the same Jean Edwards who testified here previously, I believe, on yesterday? A. Yes, sir, I am. a Mr. Edwards, do you have anything at all now to do with this School District? A. No. a Mr. Edwards, did you ever have a conversation with the GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u i l d i n g EL D o r a d o . A r k a n g a e 7 t 7 a o Board of the Plum Bayou-Tucker School District and with Mr. James K. Bradshaw regarding Mrs. Evans’ serving as Health Coordinator? A. Yes, I did. In April of 1967, that year I was associated with the National Teacher Corps., but due to the circumstances under which I left, I felt that I was still responsible for the welfare of my teachers, and it was understood and agreed that I would return as Principal, '67-'68 school year. Q. '68- '69 school year, is that right? A. No, '67-'68 school year. This was April of '67. Q. I see. I A. And at this time, with Mr. Frank Conley, Mr. Clyde | Archer, Mr. Alec Brown, Mr. J. P. Maynard, Mr. Surratt, Mr. B. E. Turner coming in about 15 minutes late, and myself, I discussed teacher equalization, because it had been promised under the administration of Mr. Elkins, it had been promised under the administration ! of Mr. Anderson, who had died, and Mr. Bradshaw had taken over this position. At this meeting we were discussing this, and they say that the salaries was equal. I knew that they were not. And they say that the onliest difference in the salary were based on special duty, teachers who performed special duties. At this time I mentioned that Mr. Robert Hall had been GLENN H PERRIN O f f i c i a l . C o u r t R e p o r t e r F e d e r a l B u i l d i n q E L D o r a d o . A r k a n s a s 7 i 7 * o Edwards - Direct acting as Coach and Mrs. Evans had been acting as Hea._ Coordinator and that none or our black teachers had been paid for these duties, and at that point Mr. Clyde Archer say "Y e s , some of the black teachers are being paid for special duties because you are as Principal". And this was the statement. Mr. Turner, after this conversation was over and we discussed the equalization of teacher salary, he got up and Addressed the Board and told them that this was the trend. At this particular meeting, the School Board members who argued in favor of equalization or felt that the salaries should be equalized was Mr. Surratt and Mr. Alec Brown, the other members was opposed. This was in April of 1967. When you returned as Principal the next year, were the teachers ' salaries equalized between blacks and whites? Not that I know of. Was Mr. Bradshaw present at that meeting? Yes, he was. In tact, at that meeting, Mr. Bradshaw and I had a discussion, because Mr. Bradshaw had stated to the ^acuity of the Rosenwald School that there would not be a position for me in the School District the next year and he had not talked with me concerning this. <u*d I asked Mr. Bradshaw if in the future he had anything concerning my affairs to discuss with anyone, G L E N N H P ER R IN O f f ic ia l C o u r t R epo rter F e d e r al B u il d in g E L Do r a d o A r k a n s a s t i t *o 490Edwards - Direct 1 3 a 4 A. 5 6 7'1 Q. 8 j 9 ij A. 10 11 12 13 14 15 16 17 1! 18 19 20 21 II Q. 22 A. i 23 24 25 if he would discuss them with me instead of my faculty, because I felt that this was unethical. Did you actually return that next year? Yes, 1 did. MR. KAPLAN: That's all--oh, just one other matter, Mr. Edwards. When did you tell Mr. Bradshaw that you would not be returning for the academic year '69-'70? I don't know the exact date, but I turned in my resignation to Mr. Bradshaw, I am sure, prior to the Board meeting where the decision on unification was to be made, and the reason that I am fairly sure of this is because I had planned to leave the District prior to the end of that year, and I approached Mr. Bradshaw on the day of the Board meeting and told him that since I had contracted myself for that year's service and that I had talked with Dr. Price and Dr. Price said he would hold the job open for me for 60 days, that I would remain with the School District for the remainder of the year. Were you a certified Math teacher? I was certified in Vocational Agriculture, Mathematics, and General Science. MR. KAPLAN: Just one second, Your Honor. (Confer ring with co-counsel) T h a t ’s all. Your witness. G L E N N H PERR IN O f f ic ia l C o u r t R e p o r t e r F e d eral B u il d in g E L Do r a d o A r k a n s a s 717S0 5 % , 6 THE COURT: Any questions, Mr. Starling? MR. STARLING: I don't believe 1 have any questions Your Honor. THE COURT: You may stand aside. (Witness excused.) MR. KAPLAN: Just one brief question from Mrs. Thomas. L. Thomas - Direct ! ' LOIS THOMAS. called as a witness on behalf of the plaintiffs, in rebuttal, having been previously duly sworn, testified as follows: DIRECT EXAMINATION | BY MR. KAPLAN: 0- Mrs. Thomas, you are the same Mrs. Lois Ann Thomas who testified here before?i A. Yes, I am. Q. Mrs. Thomas, you testified earlier about all of the school districts around here that you went to and put in an application in in the school year '69-'70. Did you also go to Mr. Turner's office? j A Yes, I did. I Q. When did you? jiA. Well, it was probably a little while after I was dismissed from Plum Bayou. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 a o 491 l . i nomas - Direct i 492 1 a 2 i A. 3 a 5! A. 6’ aiii 7 i ; a . 8 ! 9 10 11 I >1 12 : I 13 Q. A. 14 15 16 17 18 19 20 a A. Did you talk to Mr. Turner? Yes, I did. And did you tell him that you wanted to make application for a teaching position? Yes, I did. What did he tell you? He told me that he would try all that he could to help me get another position and he would use the records that he had in his office on me as an application and that I would not have to send in an application. He also-- I am sorry, go ahead. He also asked me to call him once every week because he d i d n ’t know when they would have some vacancies,-- Did you call-- — so I called him once every week for two or three m o n t h s . MR. KAPLAN: Thank you. THE COLRT: Just one minute. Keep your seat. 21 22 23 24 25 CROSS EXAMINATION BY MR. STARLING: Q. Had you ever put in an application at the County Suoeri n tendent’s Office before? A- No, I did not. He told me that I d i d n ’t have to. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n e a i 71730 5 L . 1 a 2 A 3 Q. 4 A. 5 Q. 6 A. 7 a 8 A. 9 Q. 10 : a . 11 12 a 13 14 15 A. 16 a 17 18 19 A. 20 21: 22 | 23 a 24 25 I II When you first graduated from college? Oh, no, I didn't. You didn ' t? No, I didn't. You never have put in an application? No, I haven't. How did Mr. Bradshaw hire you? Mr. Bradshaw was not Superintendent when I was hired. How did Mr. Anderson hire you? Through Mr. Edwards, I was recommended through Mr. Edwards. If you had a so-called application from Mr. Turner, or rather, you really didn't put in a formal application, did you? No, I didn't. How do you expect that Mr. Bradshaw, if he called Mr. Turner's office, wouLd know whether or not you had an application in if you didn’t have one on file? Well, as many times as I called down to the Superintend- i ent's Office, he knew that I was looking for a job, because I did this for a long, long time, and he knew that. Are you saying Mr. Turner, now, is the one that is at iblame for this rather than Mr. Bradshaw? IMR. KAPLAN: Objection, Your Honor, she hasn’t said GLENN H PERRIN O f f i c i a l C o u r t R epo rter F e d e r a l B u il d in g EL Do r a d o . A r k a n e a * 7 17S 0 Thomas - Cross 493 L. inomas Cross 494 that anybody was at blame for anything MR. STARLING: Well,- Q. Why did you write Mr. Bradshaw a letter on September 1, 1970, which states: “Dear Mr. Bradshaw: Please consider I an* a 1964 graduate of AM&N College, Pine Bluff, Arkansas, with a major in elementary education. I have five years' teaching experience at the Rosenwald Elementary School, Tucker, Arkansas. I will be available for an interview at your convenience." Did you write ;l that letter? A. Yes, I did write it. Yes, I did. ji Q. Well, if you had an application on file down at the County Supervisor's Office, or at least you say that Mr. Turner said he did,— ! A He did. ! Q. --why did you write this letter to tell Mr. Bradshaw you were now applying for a job? j A. Why did I write it? Because I was applying for the job. me an applicant for a teaching position in your school I had heard there was a position open, and I decided to write it. Q. Mr. Bradshaw answer you back? A. Yas , he d i d . Q. I shew you a letter dated September the 3rd, two days after your letter, and ask you--it says: “Dear Mrs. GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 L. Thomas - Cross 1 Thomas: Thank you for your letter of application. At i the present time no teaching positions are open at the 3 Plum Bayou-Tucker School District. Sincerely, James K. 4 Bradshaw." Is that the letter Mr. Bradshaw wrote to 5 jj you? !3 A. Yes, it is. 495 8 1 9 |i 10 11 12 I13 14 16 17 18 19 20 | 21 ! 22 j| 23 MR. STARLING: 1 would like to mark that for identification and enter it as defendants' exhibit, Your Honor. THE COURT: Let it be received. MR. STARLING: I have nothing further, Your Honor. REDIRECT EXAMINATION BY MR. KAPLAN: Cl Mrs. Thomas, had you had contact with some of the teachers who were still at the Plum Bayou School? A. Yes, I did. Q And did they advise you that there was a position available? A. Yes, they did. Q. And did you talk to counsel about what to do about that? A. Yes, I did. Q. And did counsel advise you you might as well just write i i i i! 'I 24 agair 25 A. Yes, they sure did. GLENN H PERRIN Of f i c i a l C o u r t R e p o r t o F e d e r a l B u il d in g EL Dor ado A r k a n i a i 7 1 7 3 0 1 1 L. Thomas Recross 496 MR. KAPLAN: All right. RECROSS EXAMINATION BY MR. STARLING: Q. Mrs. Thomas, what position was available? A. I heard there was an elementary position open. Q. Did you write— did the letter you write on September 1, was that prior to Mr. Bradshaw hiring Mrs. Florida i Roann? A. I don't know when he hired Mrs. Roann. i MR. STARLING: 1 believe that's all. i MR. KAPLAN: Nothing further, Your Honor. (Witness excused.) j THE COURT: Do you have anything further to present to the Court? MR. KAPLAN: We have no further evidence, Your Honor. MR. STARLING: We have no further evidence, Your Honor. THE COURT: You gentlemen care to proceed further, or do you want to make any argument to the Court, or you want to present anything further to the Court in connection with this matter? GLENN H PERRIN O f f i c i a l C o u r t R k p o r t s r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 i 7 » o i MR. STARLING: Your Honor, I would like to a tew closing remarks, but on the other hand I would also like to renew my motion which I made at the close of the plaintiffs’ case. THE COURT: Yes. All right. But--you have anything you want to present, Mr, Kaplan? MR. KAPLAN: If Your Honor is disposed to make a ruling from the bench, I would like to make a few remarks; but if not, then I would reserve those to j submit in the form of a very brief memorandum within a period of a few weeks. THE COURT: Well, whichever you desire. If you wish to submit a memorandum, narrow these issues, the Court would have to delineate what has been presented here as evidence of the j various questions;you have already eliminated ! certain of the issues which y>u contend, I think, such as with reference to the Rosenwald facility, and visitation, I think, maybe some | other th i n g s . M R . KAPLAN: Your Honor is correct. THE COURT: And instead of having to take up the points one by one and say "This is no I longer an issue" or "This is an issue", probably could be narrowed by taking up the GLENN H PERRIN O f f i c i a l C o u n t R e p o r t e r F e d e r a l R u i l d i n o EL D o r a d o . A r k a n s a s 7 i7*o 498 points that you would contend chat is at issue, and that way we might eliminate a lot of unnecessary consideration of matters that are no longer involved. MR. KAPLAN: Your Honor, I would be happy to submit a memorandum to the Court within 20 days with the aim of both narrowing all of the issues and providing the Court with what we consider to be the applicable law and theory in the case. THE COURT: Well, now, do you— among this--it’s perfectly all right, if that’s agreeable to Mr. Starling, too, but this question of the salary schedule or equalization of salaries, I am not sure that that was an issue involved in this case until the development of the testimony here, perhaps it could be included. Your Complaint is, I think, intended to be in general terms in some of its paragraphs, covers a great many things in connection with it, but I think one of the things the Court's going to require you to do, Mr. Starling, is to present a salary schedule recognized generally in this state. Other districts have done it. Based completely on the record, that is, the record of the teachers with reference GLENN H PERRIN O f f i c i a l C o u r t R s p o r t k r F e d e r a l B u i l d i n g E L D o r a d o . A r k a n s a s 7 1 7 3 0 to their accomplishments, the degrees they nold, and the years' experience, which I understand from other districts submitting salary schedules that they are entitled to salary advancement on the basis of their experience and years' service and in accordance with the accomplishments of their academic program. Now, 1 am not sure if there is a regular adopted salary schedule of the state or not, I have a feeling there is. If this i iDistrict has one, it hasn't come up with it, and if there is any question of equalization of salaries, if it hasn't been done, then the District should do it, 1 will say th a t touch at this point. I would suspect you had better consult Mr. Bradshaw and see that that has been j done and this record should state the status of it somewhere along the line, and I should think that an acceptable salary schedule in accordance with the accomplishments of the teachers and the recognized--the recognized points which they are entitled to receive certain salaries and increases on whatever record is made that would justify as has been done in other cases that this Court is familiar GLENN H. PERRIN Of f ic ia l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 i 7 s o with. As an example, if a person has & Master's Degree, they are entitled to a minimum salary; if they have a Bachelor of Science Degree, there is a minimum schedule, with increases on the years of experience, and so forth. You are familiar with that, Mr. B r a d s h a w ,-- MR. JAMES K. BRADSHAW: Yes, sir. THE COURT: --and I think it should be done, if it is not already. MR. STARLING: Your Honor, if I may say so for the District, I was not familiar with the problem because I d i d n ’t realize it was an issue, but all I can say is that the District w i l l — I think we already have one right here, but if the District does not, I can assure the Court it is not our intention and probably unknowing to the fact--I think Mr. Bradshaw's statement was that he was giving just base increments which the legislature gave to both black and white. THE COURT: Apparently the School Board has considered it along with the administration. The first time Mr. El k i n s — was that his name-- was brought into this picture was the last witness. I d o n ’t know when Mr. Elkin* t F e d e r a l B u i l d i n g EL D o r a d o A r k a n s a s 7 1 7 * 0 O f f i c i a l C o u r t R e p o r t e r GLENN H PERRIN suppose, was Superintendent, but apparently rroui the School Boara members' testimony and Mr. Edwards, there is consideration given to doing so way back even probably prior to 1965 MR. STARLING: I have a teacher salary schedule, Your Honor, for 1966-'67, which is what they used, shows "Training", "Bachelor's Degree", "Master's Degree", "Form of Advanced Study", "Beginning Salary", "Annual Increments up to 10 years", "Extra Duty", and the "Maximum". THE COURT: Well, I think whatever— what, if anything, has been done in this regard would be advisable if you were to present it to Mr. Kaplan and give him the explanation and in this regard to determine whether or not there is an equalization of salaries; if not, it should be done. MR. STARLING: Yes, sir, we will do that, no problem. We will do that. THE COURT: Now, on the other questions, you can decide which you contend are still at issue and file whatever brief you would like, in that regard, if you would like to do so. >*P „ KAPLAN: We would , Your Honor . THE COURT: Is that agreeable? OLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 » o 502 1 MR. STARLING: I would like for Your honor, if 2 poss Lble — the only reason I say make a ruling, 3 Your Honor, is the fact that it's been two and a 4 hair years since the School Board has been under 5 this . 6 THE COURT: Well, I was hoping that somebody 7 would bring that up, because I think this record is cieficient on it, and whatever course 9 this matter takes and review considered, this 10 case was filed July 22nd, 1969. On Thursday, 11 October 23rd, 1969, there was a pre-trial 12 scheduled in the regular pre-trial docket by 13 this Court on October 23rd, 1969. The Court 14 scheduled this matter for trial on December 15 the 11th, 1969, and by request of both i 16 parties, it was continued. There was some 17 conversation with the Court in which each of 18| you indicated a desire that the matter be • tried early in 1970. The Court scheduled the j 20 matter for trial following that for the next 2! session of the Court. Mr. Kaplan, along with 22 the understanding of Mr. Starling, contended 23̂ that it could not be possible— it would not 24 b e possible that the matter could be tried in 25 one day and suggested a later date. GLENN H PERRIN O f f ic ia l C o u r t R v o r t u ^ F e d eral B u il d in g qT EL Do r a d o . A r k a n s a s 71730 February 17th, 1970, the Court advised both of you that the matter would be included on the pre-trial calendar in April, 1970, and suggested that it would be a good time to schedule the matter for a hearing to the Court at that time. So I think it should be noted that the Court has attempted to schedule this matter for consideration during each of the sessions in connection with the work here during that time, and due to various factors, I assume, everybody is busy, particularly most ail lawyers, and this Court certainly is, and I have endeavored to hold myself available for it at each time, the session beginning in 1969 and until this time, which is in connection with the special setting of the docket which the Court did in view of the schedule last November. And so 1 do not believe that the gentleman is in a position to contend at this time that merely because it has been here since July, 1969, that there should not be consideration given to such other presentation to the Court in view of the hearing today as would be reasonable. And I do think that the matter should be disposed GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 s o oi„ If I remember correctly, Mr. Kaplan advised tne by telephone sometime ago that many of the issues as he originally alleged are no longer at issue in this case, and there was really no great hurry. Now, at the present time, you gentlemen may present something else in connection with your own contentions in it, but appears to me other than such matters as the salary schedule that I mentioned a moment ago, that this matter is limited only to the contention of Mrs. Evans here, whatever that may be at this time, and Mr. Thomas, who seems to be quite happy in his present situation from his testimony, and Mrs. Thomas, who appears to be very unhappy about her situation. It seems to me those are the only major things or major issues or questions left at this time. I know there are circumstances, just like— just as one of the School Board members endeavored to explain a moment ago, when you reach this kind of a situation, somebody is going to get left out, and in considering what should be done with reference to the teachers, the Court, of course, will have to take into consideration GLENN H PERRIN Of f i c i a l C o u r t R v o r t i k F e d e r al B u il d in g EL Do r a d o . A r k a n s a s 7 i7 »o 504 505 che face t h e r e were ab out 215, 2 2 0 , 225 students in the elementary grades, one to eight, during the years of this transition of 1967, 1968, and 1969, each one of them, so the time they went to the ten-teacher elementary grades, there is only about a ratio of one teacher to 22. All of those things should be taken into consideration as to whether or not Mru Bradshaw was justified in this determination. So I believe the record is very clear on what the status of things are now. This Court would like very much to see a lot better understanding among some people than what apparently exists, because anyone that is employed, whatever position that it may be, that is not compatible with those that he is associated with, particularly their supervisors, the School Board, or otherwise, you are not going to have the kind of cooperation that is desired in a situation like this. I think it's got to be understood that a school superintendent, as well as every teacher and everyone connected with the school has got his own responsibilities and those IiiI i i ! I GLENN H PERRIN O f f i c i a l C o u r t R b f o m t i r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 t7 »o 506 responsibilities must be recognized, and that is true with the Board. I know the Board itself has got to depend a great deal on the Superintendent or whatever administrative officer you may have in that regard. So this, nor any other school, can operate as it should unless there is that degree of cooperation, understanding, and willingness to get along. And I would say that anyone, regardless of who it is, that is not willing to cooperate and get along, sooner or later is going to come to the position that they are just not compatible and cannot keep on in any organization. That's what makes our public institutions more difficult, and since the general public is involved. I don't know, you have a School District here with obviously a great many more black people than white people, but evidently there must be that confidence and understanding among the patrons as to wh o m they want to serve in the School Board. They have an election that comes up every year, I believe, isn't it? MR. JAMES K. BRADSHAW: Yes, sir. THE COURT: I know when I used to have to run I i i GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 I 7 S O 507 for office, and I did for 15 straight political years, which is a total o£--little more than that, 34 years, 17, used to tell me "Well, just wait until the next time, we will get you when you come up for vote again". That’s the usual procedure in this country in positions of this kind where the public make their choices as to who represents them, and I am constrained to think there is a whole lot more understanding and cooperation generally among the people there than this record indicates, but even those who are involved, seems to me that some at least could have a I better understanding and be a lot better for the children of that School District. How much time, Mr. Kaplan, do you want? MR. KAPLAN: Twenty days, Your Honor. THE COURT: How much time do you want to I respond? MR. STARLING: Ten days, Your Honor. THE COURT: And the Court will proceed to decide this matter very shortly thereafter. Or do you want to reply? MR „ KAPLAN: No, Your Honor. THE COURT: The Court, then, will proceed to GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 i 7 » o * decide this natter very soon after you gentlemen file your respective briefs. If there is nothing else, the Court will now be in recess. * * * ! I II I GLENN H PERRIN O f f i c i a l C o u r t R e p o r t e r F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 s W I, Glenn H. Perrin, Certified Shorthand Reporter, hereby I; certify that T am Official Court Reporter for the United States District Court, Eastern and Western Districts of Arkansas; that on the 8th and 9th day of February, 1971, I was present in court ai d reported the proceedings had in the within-named and numbered cause before the Honorable Oren j Harris, Judge of said Court, and that the foregoing, consist- j ing of 508 typewritten pages, contains a true and correct transcription of testimony given, as reported by me at the time, and transcribed and reduced to typewriting by me. WITNESS my hand this 10th day of July, 1971. Glenn H. Perrin, C.S.R. Official Court Reporter 201 Federal Building El Dorado, Arkansas 71730 GLENN H PERRIN O f f i c i a l C o u r t R e f o r t e h F e d e r a l B u i l d i n g EL D o r a d o . A r k a n s a s 7 1 7 3 0 PI UM BAYOU-TUCKLP SCHOOL DISTRICT NO 1 .'.RIGHT ApK a>MNA^ 79 1 Q2 JAM ES V A N 0 € »S O K , SUTT J E M A Y N A R O T «U M A N L O E TlS May 9, 1967 T a c i t r R o s c n v a M n . T . A . T u r lu r , A r ^ a n s n s RE: L i t t e r i a t e d M a r c h 2 7 , 1 9 6 7 , d i r e c t e d t o t h e E o a r d o f E d u c a t i o n I n a n s w e r i n g y o u r q u t s t i o n c o n c e r n i n g w h o w i l l d e t e r m i n e v h i c h s t u d e n t w i l l b e s e n t hom e a s a d i s c i p l i n a r y m e a s u r e , i s a r e s p o n s i b i l i t y o f t h e P r i n c i p a l o r S u p e r i n t e n d e n t , g r a n t e d b y th< h o a r d o f E d u c a t i o n , T h e S c h o o l L a v , p a g e 1 L 7 , S e c t i o n 8 0 - 1 5 1 6 : S u s p e n s i o n o f P u p i l s ; C a u s e - T h e d i r e c t o r s o f a n y s c h o o l d i s t r i c t m ay s u s p e n d a n y p e r s o n f r o m s c h o o l f o r i m m o r a l i t y , r e f a c t o r y c o n d u c t , i n s u b o r d i n a t i o n , i n f e c t i o u s d i s e a s e , h a b i t u a l u n c l e a n l i n e s s o r o t h e r c o n d u c t t h a t w o u l d t e n d t o i m n a i r t h e d i s c i n l i n e o f t h e s c h o o l , o r h a rm t h e o t h e r p u p i l s , b u t s u c h s u s o e n s i . c n s h a l l n o t e x t e n d b e y o n d t h e c u r r e n t t e r m . T h e b o a r d o f i i r e c t o r s m ay a u t h o r i z e t h e t e a c h e r t o s u s p e n d a n y p u o i l s , s u b j e c t t o a n n e a l t o t h e b o a r d . I d . S e c t i o n 1 7 0 . Th r n w e r e s e v e r a l r e a s o n s t h a t i n t e r - s c h o o l s p o r t s w e r e d i s c o n t i n u e d a t P lu m E a y o u . ( 1 ) T h i s s c h o o l h a d d i s c o n t i n u e d i n t e r - s c h o o l s p o r t s f o r o u r s e n i o r b o v s b e f o r e t h e s c h o o l s w e r e i n t e g r a t e d , d u e t o t h e f a c t t h a t we w e r e u n a b l e t o s c h e d u l e gam es w i t h o t h e r s c h o o l s . ( 2 ) T h e H e a r d f e l t t h a t i n t e r - s c h o o l s p o r t s s h o u l d b e d i s c o n t i n u e d u n t i l a l a t e r l a t e . T h i s d e c i s i o n w as b a s e d on th< o r e v o n t i o n o f i n c i d e n t s b e t w e e n t h e n e s r r o a n d • h i t c i n o u r c o m m u n i t i e s . I w i l l a g r e e i n m o s t c a s e s c o m p e t i t i v e s n o r t s b u i l d s c h o o l s p i r i t a n d c o m m u n i t y p r i d e , b u t i f we. a r t t o p e r m i t t r o u b l e w i t h i n o u r c o m m u n i t y I d o n o t f e d we w i l l h a v e a n y t h i n g t o b e p r o u d o f . J a m e s K . B r a d s h a w , A c t i n g S u p e r i n t e n d e n t By A u t h o r i t y o f B o a r d o f D i r e c t o r s .H um B a y o u - T u c k e r S c h o o l D i s t r i c t D i v i s i o n o f T e a c h e r E d u ca t io n S tu d e n t T e a c h in g C e n te r Name o f Stud S c h o o l________ Grade _____ d i r e c t i o n s : COMPETENCIES P e r s o n a l I n s t r u c t i o n a l AuRaCw L i U R / i M C ■ aSmL a Nu P in e b l u f f , A rkansas ■ ' i 7 T . 1 ?o l n i , A J u C o n f i d e n t i a l R e p o r t o f S tu d e n t T ea ch e r snt a d d ress Date L o c a t i o n C i t y S t r e e t and Nunioer _ C o o p e ra t in g T ea ch e r ir c m yo u r o b s e r v a t i o n s and work w i th t h i s s tu d e n t t e a c h e r , p l e a s e l i s t y o u r assessm en t o f h i s co m p e te n c ie s i n each c f the c a t e g o r i e s b e lo w . C i r c l e the number wh ich most a p p r o p r i a t e l y r e f l e c t s t h e ° o e g r e e r f com p e te n c e you f e e l t h i s s tu d en t h as . The h ig h e r th e numoer, th e g r e a t e r d e g r e e o f com petence i s f e l t . Cne i s the l o w e s t d e g r e e o f com petence- t h r e e r e p r e s e n t s an a v e r a g e d e g r e e o f com pe tence ; and f i v e r e p r e s e n t s * o u t s ta n d in g com pe tence . » 1 . A ppearance (g r o o m in g , d r e s s , e t c . ) 2 . E m o t io n a l s t a o i l i t y 3 . E n e rg y and stam ina 4 . V o ic e and speech 5. C o n s id e r a t e n e s s ( t a c t , c o u r t e s y , e t c . ) 6 . C r e a t i v e and r e s o u r c e fu l 7 . P o i s e and r e f in e m e n t 8. Sense o f humor 9 . P u n c t u a l i t y 10. R e l i a b i l i t y 12 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1. Knowledge o f s u b j e c t m a t t e r 2 . S k i l l i n p r e s e n t in g s u o j e c t m a t t e r 3 . P u p i l s tu dy U. S y s t e m a t ic and c a r e f u l l y p lanned l e s s o n s >. E f f e c t i v e use o f p lan s 6. U n d e rs ta n d irg o f p u p i l ' s n eeds , i n t e r e s t s and b e h a v io r 7 . S k i l l in s t im u la t in g p u . i l growth 8. S k i l l i n p r o v id in g f o r i n d i v i d u a l d i f f e r e n c e s 9 . Use o f v a r i e t y o f m a t e r i a l s and r e s o u r c e s 10. W ise use o f th e t e a c h in g t im e 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 . 9L > 1.1 ' ■ • 3. 4. Classroom 5. Management 6 . 7 . *. 9. 10. D i r e c t s p u p i l s t o s e t h igh s ta n a a re ? o R e s p e c t s th e i n i ; v i s u a l R e s p e c te d uy p u p i ls Care and h a n d l in g o f m a t e r i a l R e f l e c t s w ho lescr .e c la s s ro o m a t i t u d e Care o f room and en v iron m en t Uses T e a c ' r .e r - ru p i l p la n n in g R ro v id e s f o r p h y s i c a l c o m fo r t ^ • t i l l i n movement from one a c t i v i t y to a b i l i t y t o d i s c i p l i n e when needed f s e l f d a n o th e r i s c i p l i n e 1 2 3 1 5 1 2 3 4 5 1 2 3 2* 5 12 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 12 3 4 5 1. 2 . 3. 4. P r o f e s s i o n a l 5. Growth 6 . 7. a. 9. 10. Understands h i s r o l e in t , .e t o t a l p ro cram F a i r ana im p a r t i a l Prompt i n the a i s c h a r g e o f d u t i e s e v id e n c e s d e s i r e to grow p r o f e s s i o n a l l y C o n s id e r a t e o f o th e r s A ccep ts c o n s t r u c t i v e c r i t i c i s m g r a c i o u s l y P u b l i c r e l a t i o n s C o o p e ra t io n P r o f e s s i o n a l e t h i c s L o y a l t y 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 P le a s e sum up i n a few s e n te n c e s s t r e n g th s and w eaknesses t h a t g i v e an t e a c h in g p r o f e s s i o n . y ou r b e l i e f s as to the s tu a e n t t e a c h e r ' s i n d i c a t i o n o f f u t u r e s u cce ss as a member o f the * » C o o p e ra t in g T e a c h e r I AGRICULTURAL, MECHANIC vL AND NORfiAL COLLEGE Fine; b l u f f , A rkansas D i v i s i o n o f T ea ch er E d u ca t io n STUDENT TE.'CHER SELF-APFRAISAL FORK S tu d e n t 's Name ______ Course No. _ -o p e ra t in g T ea ch er ______________________ ____ S em es te r C r e d i t H o u r s ___________ Grade o f S u b je c t _______ ________ S u p e r v i s o r ________ _ _ _ _ X. R e l a t i o n s w i t h C h i ld r e n E v a lu a t i o n s Comments Low Medium H igh A . F r i e n d l i n e s s _______________________________ C. C o n s t r u c t i v e approach t o J D. S y m p a th e t ic u n d e rs ta n d in g I n s t r u c t i o n a l Q u a l i t i e s B. r i a n s l o r ln d i v iG u a i u i u c i c h c w d i B r o v i c e s l o r l n a i v i a u a i u iu c i c u t ' - o j D. Uses v o c a b u la r y on c h i l d r e n ' s E . P o s s e s s e s s u f f i c i e n t academ ic F . Adapts s u b j e c t m a t t e r t o G. Uses v a r i e t y o f t e a c h in g H. Uses v a r i e t y o f t e a c h in g ! -1----------- I , C r e a k s d e s i r e t o l e a r n _ ... i___ 1 - — — — II. Continued: III. E v a lu a t i o n Comments Lew Medium H igh G u ides s tu d e n ts i n t o e f f e c t i v e s tu d y h a b i t s ---- K P r o v id e s f o r c r e a t i v e w ork L . S ecu res b a la n c e be tw een p u p i l M. M a in ta in s s a t i s f a c t o r y nVivQi p p I pn\ri rnrjnents N. C o l l e c t s in f o r m a t io n about 0 . Uses in f o r m a t i o n c o l l e c t e d P e r s o n a l Q u a l i t i e s B . I n t e r e s t i n g and p le a s a n t D„ B e h a v io r w o r th y o f s tu d en t p.miil - t. i on M. Sonoo -.t >.un<.r _____ - .. III. Continued: E v a lu a t i o n Comment^ Low Medium High N. Ccrrr.u*:L«:ntlor r k i ’ r . 0 „ M utual r e s p e c t and t o l e r a n c e P r o f e s s i o n a l R e la t i o n s h ip s A . W i l l i n g n e s s t o c o - o p e r a t e B . A t t i t u d e tow ard c r i t i c i s m C. P r o f e s s i o n a l e t h i c s D. A c t i v i t y tow a rd s e l f - im p r o v e m e n t E . U nderstands e d u c a t i o n a l o b j e c t i v e s Community R e l a t i o n s h ip s A . U t i l i z e s community r e s o u r c e s B . U nders tands community r e s o u r c e s C . C o - o p e ra t e s w i t h p a re n ts D. P a r t i c i p a t e s i n community a c t i v i t i e s E . C o - o p e ra t e s i n s c h o o l -w id e a c t i v i t i e s V i c t o r P a g e n k o p f , Chairman R o b e r t L e w i s , r e c o r d e r June Dawson F lo r e n c e Dunn Mary Jo H e w i t t Ben B . L ew is N o r th C e n t r a l A s s o c i a t i o n W orkshop, U n i v e r s i t y o f M in n e s o ta , Simmer 1954 Name o f S tu d e n t T ea ch er ________________________________________________ L a t e S c h o o l _______________________ _ P r i n c i p a l _____________ M a jo r S u b je c t ar.a/or Grade i'o t h e C o o p e ra t in g T e a c h e r : P l e a s e c r e e k each q u e s t i o n a t some p o in t on th e s ca u e , a c c o r d in g t o th e stuueno t e a c h e r ' s b e h a v io r as p r o s p e c t i v e t e a c h e r . A s tu d en t t e a c h e r ' s a b i l i t y o r d i s a b i l i t y in one fo rm o f b e h a v io r shou ld n o t c o l o r o n e 's judgment o f him i n a n o th e r . How Does H is P e r s o n a l .A ppearance Im press You? I -L I Makes poor im p re s s io n Manes a v e r a g e im p re s s io n A lw ays w e l l groom ed, shows e x c e l l e n t t a s t e How Does H is P e r - s o n a i i t y A f f e c t O the r P e o p le ? ■■ I A n ta g o n iz e and i r r i t a t e s c t h - r s G ets a lo n g E s p e c i a l l y harmonious r e a s o n a b ly w e l l r e l a t i o n s w i th o th e r s How Do P u p i l s R e a c t Toward Him? I P u p i l s d i s l i k e him P u p i l re sp on se & show l i t t l e i n - shows r e a s o n - t e r e s t i n v o rk a b l e i n t e r e s t P u p i l3 a re e a g e r , a l e r t , i n t e r e s t e d I s He E m o t io n a l l y W e l l P o is e d ? I Too E a s i l y moved t o a n ge r o r d e p r e s s io n U n re s p o n s iv e , a p a t h e t i c U s u a l l y w e l l c o n t r o l l e d , r e s p o n s i v e A ppears a t ea se i n d i f f i c u l t s i t u a t i o n s Does He E x p re ss H im s e l f C l e a r l y ? What i s H is A t t i t u d e Toward P u p i l s i n S c h o o l A c t i v i t i e s ? What i s The A tmosphere o f H is C lassroom ? Makes f r e q u e n t e r r o r s in sp eech ; e x p r e s s io n poor 1 i Makes h im s e l f u n d ers to od q u i t e w e l l E n g l i s h u s u a l l y good 1 E x c e l l e n t E n g l i s h , c on veys id e a s c l e a r l y and e f f e c t i v e l y i_______________ i_______________ D om inates , d e c id e s Encourages Encourages P u p i l a l l a c t i v i t i e s P u p i l p a r t i c i - i n i a t i v e , c a r e f u l p o t i o n t o some gu id an ce e v id e n t 1 ! e x t e n t 1__________ t ________ !_______________ Atmosphere d e p r e s s - Atmosphere com- A tmosphere l i v e l y , i n g , d u l l , p r o s in c f o r t a b l e , good humor p r e s e n t p u p i l s f e e l a t 1* uxi/uaoxuiD i A re The L esson s c o n t r o l i 1 Auxi jlj w e l l 1 A ̂ O V V41W w» prob lem s ___ W e l l P lan ned And - ' C on fu sed abou t L esson s f a i r l y C a r e fu l p la n n in g E xecu ted ? w here t o b e g in a: what t o do :d w e l l p lan n ed and e x e c u te d r e s u l t s in p u rp o s e fu l p u p i l a c t i v i t y What Use Does He 1 1 ! i - /__________________ - Make O f M a t e r ia ls Use t e x tb o o k Supplem ents Uses w id e v a r i e t y o f O f In s t r u c t io n s ? o n ly t e x tb o o k t o some e x te n t s o u rc e m a t e r ia ls Does He Show In — 1 1 i f ____________ 1________________ — i t i a t i v e and Am- R e q u ire s p r o a - W orks c h e e r - F in d s th in g s t o d o b i t i o n ? d in g ; s h irk s r e s p o n s ib i l i t y f u l l y bu t r e q u ir e s o c c a s io n a l h e lp w ith o u t s u p e r v is io n How Does He R ea c t 1 1 _ J_______L - J ___________________ To S u g g e s t io n s ? I s o f fe n d e d by s u g g e s t io n s A c c e p ts sug g e s t io n s and p e r fo rm s a s s ig n e d d u t ie s C o n s ta n t ly seeks h e lp and c o o p e ra te s c h e e r f u l l y How Does He 1 / 1 1 ■ J ____________________ P r o v id e F o r N e g le c t s e q u ip - K eeps n e c e s s a ry E x c e l le n t c a re Equipir i t ? m ent; room d i s o r d e r l y equ ipm ent in o rd e r o f equ ipm ent W i l l He Be L ik e l y To Grow in E f f e c - 1 1 1 1 1____________________ Seldom seeks M o d i f ie s p r a c - C o n s ta n t ly s eek in g t i v e n e s s ? . ___ new m ethods or m a t e r ia ls t i c e s t o some e x te n t b e t t e r m a t e r ia l and m ethods SUPPLEMENTARY OR SUMMARY STATEMENT: SIGNATURE t AGRICULTURAL, MECHa Ni LmL ND NORMAL COLLEGE D iv is io n f T e a c h e r Education P in e B l u f f , A rk an sas PROGRESS RECORD Or SCHOOL ADDRESS I . How huz th e s tu d e n t t e a c h e r p r o g r e s s e d in th e a r e a s b e lo w ? Check th e s ta te m e n ts th a t r e f e r t o h is p r o g r e s s . A . U s in g th e f a c t s a b ou t each p u p i l in te a c h in g 1 . Uses S e v e r a l te c h n iq u e s f o r g a th e r in g in fo r m a t io n on pupils, ______a , W r i t e s a n e c d o ta l r e c o r d s . _____ b . S tu d ie s a v a i l a b l e r e c o r d s . _____ c . W orks on ca se s tu d y . ______d . V i s i t s p u p i l ’ s hom es. ______e . O b se rves s tu d e n ts in s e v e r a l s i t u a t i o n s . ______ f . H o lds c o n fe r e n c e s w ith p u p i l s . , _____ g . O b se ryes s tu d e n ts in s e v e r a l s i t u a t i o n s . ______h . A d m in is te r s t e s t s t o f in d and d ia g n o s is needs.',. ______i . R e c e iv e s my h e lp in th e s e a r e a s . ______j . Needs m ore h e lp in th e s e a r e a s . _____ k . S eeks h e lp in th e s e a r e a s . 1 . COMMENTS (may use back s i c e ) 2 . Uses g a th e r e d in fo r m a t io n i n p la n n in g and c o n d u c t in g le a r n in g e x p e r ie n c e s . a • b . c . d . 0 _ f . O b je c t iv e s g i v e a t t e n t io n t o g rou p n eeds and in d i v id u a l p u p i l n e ed s . A c t i v i t i e s a r e s u i t a b le to m eet th e m e n ta l, p h y s ic a l , s o c i a l and e m o t io n a l needs o f th e p u p i l s . Has s p e c i a l a s s ig n m e n ts , p r o j e c t s , a c t i v i t i e s , e t c . 5 f o r m e e t in g s p e c ia l s tu d en t n e e d s . Show s.a gen u in e e m o t io n a l f e e l i n g f o r an in t e r e s t in a l l s tu d e n ts . Seeks Y ie lp in t h i s a r e a . R e c e iv e s my h e lp in th e s e a r e a s . *• Needs h e lp in th e s ^ a r e a s . B . C on d u ctin g l e a r n in g e x p e r ie n c e s 1 . liana gang th e c la s s ro o m , ______a . M eets the c la s s on t im e . _____ b . K eeps th e a tm osp h ere in th e c la s s ro o m i n v i t i n g . _____ c . K eeps th e c la s s ro o m and equ ipm ent c le a n and o r d e r l y . ______d . I s a o s e n t o n ly when i t i s a o s o lu t e l y n e c e s s a r y . _____e . P r o v id e s fu r in d i v id u a l g rou p n eed s in a r r a n g in g and r e a r r a n g in g seat*? _____ f . D ir e c t s m ovem ents o f p u p i ls w ith l i t t l e o r no in t e r r u p t io n o f th e program . _____ g . I s s y s t e m a t ic in p r o c e d u re s : a s s ig n in g t a s k s , c h e c k in g r e s u l t s , b e g in n in g and en d in g on t im ? , k e e p in g e v e r y b o d y e f f e c t i v e l y en ga ge d . ______(7) I l l u s t r a t i o n s : (c h a r t s , g ra p h s , n ap s , p ic tu r e s _______(8 ) R ep o r ts on t e s t papers _______( 9 ) C o c io l i z e d r e c i t a t i o n ______ r ( l 0 ) Lr.,ii,’s r ' la t .-d work _____ O l ) d is c u s s io n s : p a n e l, r o u n ta b le , d e b a te , symposium, fo ru m . _____ (1 2 ) Q u es tson -a n sw er _____ (1 3 ) W r i t t e n r e p o r t s (P u p i l s , t e a c h e r ) _____ ( 1 l ) Games r e la t e d to work _____ (1 5 ) Com m ittee w ork and r e p o r t s _____ (1 6 ) La jo ro . t o r y _____ ( 1 7 ) d i r e c t e d s tu d y _____ (1 8 ) C o r r e la t io n o f o th e r a r e a s : a r t , p h y s ic a l e d u c a t io n , e t c . _____ (1 9 ) S ta n d a rd iz e d t e s t i n g _____ (2 0 ) O th ers _____ 1 . Makes a ss ign m en ts c l e a r . _____ a . shows m a s te ry o f s u o je c t _____ n . T ea ch in g m eets p u p ils n eed s : h e a lth , k n ow led ges , s k i l l s , a p p r e c ia t io n and a t t i t u d e s . _____ o . Uses t e x to o o k e f f e c t i v e l y . ______p . E n cou rages and p r o v id e s f o r p roo lera s o lv in g . _____ q . I n s t r u c t io n i s s u it e d t o p u p i l 's l e v e l . _____ r . I s v e r y c o r d ia l t o p u p i l s : does n o t use sa rcasm . ______s . I s n e t s e l f - c e n t e r e d m h is t e a c h in g . _____ t . Uses a v a i l a b l e community r e s o u r c e s . _____ u. Knows and uses d e s i r a b le and e f f e c t i v e means o f im p ro v in g le a r n in g in h is a rea o f t e a c h in g . _____ v . i u p i ls a re le a r n in g in a d e s i r a b le m anner. _____ w„ Uses many d i f f e r e n t fo rm s c f e v a lu a t io n . ___________ ( 1 ) P u p i l e v a lu a t io n o f p r o g r e s s ___________ (2 ) T ea ch er e v a lu a t io n o f p r o g r e s s _____ x . B r in g s each le a r n in g ex r^ er ien ce to a d e s i r a b le c l o s e , t e a c h e r and p u p i l r e a l i z i n g when i t has been a c c o m p lis h e d , _____ y . L e a rn in g e x p e r ie n c e moves fo rw a rd to d e s i r a b le g o a l . _______ z . C a p i t a l i z e s on f e l t need f o r new le a r n in g e x p e r ie n c e s when th e y a r i s e . 3 . COMMENTS: (may use back a id e ) \ -3- 1 . G row ing P r o f e s s i o n a l l y 1 . T r i e s t o keep in fo rm e d on new id e a s in h is t e a c h in g f i e l d . 2 . Takes p a r t in e d u c a t io n a l m e e t in g s and c o n fe r e n c e s . 3 . E x p e r iem en ts w ith d i f f e r e n t met ods t o im p rove in s t r u c t i o n . 4 . Reads e d u c a t io n a l p e r i o d i c a l s r e g u l a r l y , ( L i s t ) a . b . c . 5 . Reads p r o f e s s io n a l oooks r e g u l a r l y . ( L i s t ) a . b. 6. 7 . 8, 9 . 10, c . Takes p a r t in th e P a r e n t -T e a c h e r A s s o c ia t io n and o th e r activities related t o com m u n ity -sch oo l p rogram . R ead s , w r i t e s , s p e l l s c o r r e c t l y and e f f e c t i v e l y . S tu d ie s comm unity and u ses know ledge to im p rove instruction. U nd erstan ds t e a c h e r s ' d u t i e s , r e l a t i o n to total program and the administra t i o n and o r g a n iz a t io n o f th e s c h o o l . U nd erstan ds t e a c h in g p ro ce d u res he o b s e r v e s . 4 . COMMENTS: (may use oack s i d e ) D » Im p ro v in g p e r s o n a l i t y and p e rs o n a l r e la t io n s _______1 . I s a t t r a c t i v e l y d r e s s e d . 2 . I s f r i e n d l y and c o r d ia l in r e la t i o n e w ith o th e r s . _______3 . Has genu ine f e e l i n g f o r h e lp in g s tu d en ts l e a n t and g row . 4 , Does no g o s s ip auout s tu d en ts and f e l l o w t e a c h e r s . _ 5 . Has a sen se o f humor. __6 . Ha3 b e h a v io r w o r th y o f p u p i l s ' e m u la t io n . ___ 7 , Has no d i s t r a c t i n g h a b its in c la s s ro o m : w ord c r u tc h e s , t w i t c h in g , o v e r use o f hands, p a c in g the f l o o r , e t c . ______ 8 . I s ca lm , w e l l p o is e d . ____ 9 . R e s p e c ts th e o p in io n s o f p u p i ls and c o -w o rk e r s . ^ ____10 . Has a p le a s in g v o i c e , f r e e from i r r i t a t i o n , fu s s in g , r a s p in g . _____ 11 . S tu d en ts r e s p e c t him . 12. I s op en -m in ded j w elcom es c o n s t r u c t iv e c r i t i c i s m . _____ 13. G e ts a lo n g w e l l w ith p u p i ls , c o -w o rk e r s , a d m in is t r a t o r s , p a r e n ts . _____ 14. Seems s e c u r e . ______15 . D e s ir e s t o do a good jo h o f t e a c h in g . _____ 16. H and les d i s c i p l i n e p rob lem s w e l l . _____ 17. R e c e iv e s my h e lp in th e s e a r e a s . ____ 18. Needs h e lp in th e s e a r e a s . 5 . COMMENTS: (may use back s id e ) SUMMARY PROGRESS CHa RT. Check p r o g r e s s f o r each a re a r a t in g from one to f i v e in any p r o g r e s s a re a th a t th e r a t in g f a l l s . Rank p ro g r e s s e s from "1", the lo w e s t , t o " 5 % th e h ig h e s t in each a r e a . A R E A S P R O G R E S S R A U N G P o o r F ' i r Good V e r y Good 1 2 3 4 5 □ Z T T T f ' t t t ’ l L - J 2 3 A J _____ 1 . U s in g f a c t s a oo u t each p u p il in te a c h in g 2 . C on d u ctin g le a r n in g e x o e r ie n c e s - A . P la n n in g B . In s t r u c t io n C . C lassroom Management 3 * Grcw->ng F r o f c s s i .n a l l y 4 . Im p ro v in g p e r s o n a l i t y and p e r s o n a l r e la t i o n s 6 . COMMENTS: (may use oack s id e ) I I . How may th e s tu d en t t e a c h e r im p rove h is r a t e o f p r o g r e s s ? L i s t s p e c i f i c recom m endations f o r the rem a in d er o f h is t e a c h in g p e r io d , A . B. Signed_: L«><s«at6*r 5, • f ■ .• «. . H.. Vocr* • & j ■. v >» ' * f t t a i n t s f t j r t rt>|f,raata '<■'<■■■ tps ufrt of f 1 * IV* *C . ir "K i>t hi y ov - *u< -:«r Sch*'«L f5tr«ct®rs. ya „*<?*»*»*/» 2. I M S .*>i>rf>v«., thv i,>pc 6 f ^ , s t « 8 o * l « * » « %rvr o « t i c a .r * -try Gnawitt.^. To- proval b®Ug duc> r a c e r s it* v f»* -sro ><;iwu?««. ”"*n *» .'** cootpo**d to *> «t nnqntrwywti ®ut nV £dura t i cm, *ni W « l f « r c ?uUi« » c . * 4 - 4 6 4 . Giydi Arclwr , Saultaur Carlo* We*®-!.* L im it c>ai> g 4c u l» X. i t fa ' * * * » * . £r«vi*»ui%', Chairman T».« f- j .• j»«i funot: -r>* at th»- Cuannitta* w i l l *e • .■*•5 ’-n4 j- loti C3ac*r t . l «4 v i «w t ®f pareatui aoJ ch i.'ir n #t uo**- t #.’ uc*tion* 1 g L m ^ t i i r ttvc T it"'* ; p r r W u 'n>a« »ad t t v o l . 'h - f io r i t ie a aaotki *» f * • ■ ■ < ^ ‘ <tc ooMa,^ * pi m tor th* . «t»a< tttwtia«a of UB j «. . ‘* ' r *'e »* *■ vr. v <U •» * ’ af prapoi * .* which *r*» u ”r ' ^-2'*’ f * ">» i ’ ? in* trr.c jc tvr »p t-rt(» * -t rhe irriiu.u« a“ * n<e «,<!> A * ’ '» - i*«A ,r d iA«*fttlrg c o>«*c- r.t * tn- .. U t .h*. ,* .r..*iou •<* » ' ( * r..r to :.a&rov -i»K *a t ' i ft ! ,-vrogrw. 1 -a - * • e » 4 ) ia i « t » about tkw pi!T^r*a ate aait« rtcaM im tatioa* £ » t it* Laorov *»«mt . 7. J?*rt iei|o*t« t» pprai**l« ur tit* pregroa. i x M c m r * L y , O Jabca K. £r*d*hav, Super im a.w t$t l»lim k i j ^ T i c ^ r School* < TITLE I POSITIONS 1968-69 Name Lucreaeia Evans James H. Klutts Robbie Keith J. 0. Porter Elisabeth A. Ramsey Alma vihite • Gdespa Davis Geraldine Bradshaw Gharlene Archer Race N W w w w w N w w Position Remedial Reading Instructor Instructor Health Coordinator Instructor R a c i a l Reading InstructorTeacher Aide Te* cher Aide Socia l Worker Secretary 1969-70 Name Artie Davis Lucreasia Evans Maxine Clark Robbie Keith Danny Young Charlene Archer Race Poe it ion N N N W w w Instructor Remedial Reading Instructor Instructor Health Coordinator Instructor Secretary 1970-71 Name Artie Davis Luc re as ia Evans Robbie Keith Charlene Archer Race N N W W Poe It i on Instructor Reeling Instrv co: Health Comrdinator Secretary TEAC8BR IALM T SQffiOOIX 1H9-70 Training Rationing Salary ' . . .. . . - - - - Annual lncr«-« up to 10 year* a err let Eatra Duty Ma - i au* i Bachelor* a degree but not folly certified 14500.00 ISO 00 $900 00 $5900.00 Ba hf1 or'• degree ful . y r «■ rt If tad 5000.00 50.00 *00.00 6400. '0 M #t-r’a iegrrf 5500 00 50 00 *0C . 00 6^ > . <'-0 W p ’^na of Advanced ' • t ud / 6000.00 50 00 7U >0.0* >i.~' - ' nt indent and 'fine ipai - Salary t o h*> ivt‘-mined ‘■'y Boar ' of l:ir»r t i>ra Annua ,'*xih«ri eal*ri%a payable if funda art available.\nnud W A Q g lt 9ALAXT tc w u m jt m ® . w Beginning S*Lary Annua] l » c r # u « It K x t r * Out/ Max'^**** ___________________________ fund* a r m a v i labia _____ P a e h x l e r ’ a l « g r « « ’>ut not fully certified 5*100.00 ISO.00 t<H>0 00 5 56 >5. OC r«rh#lr»r'a iv*Jr« lth'iut i^fir .*nc i;’a <♦500.00 so.oc *00 00 > { > ."V ) /O taat • r ’ • * 5000 00 50 00 >00 00 6*0 Oo Mploaa of 5 t u * y 5500.00 50.00 3 *0 . 00 £. « v >0 iup#r lnt<n... t.;. ,d*? farin' l, * * - 1 ~jry to »* 4« tarsia* 1 Uy BoarJ of jir<*ct ~Jt a TE A C H E R S A L A R Y SCHEDULE 1 9 6 7 - 6 8 T i 3 i m nj? B e g i n n i n g S a l a r y A n n u a l I n r r r a f p E x t r a du* v V 3 v rm i it v ) Seir< s * e r H r s . P a r h e 1 o r ’ s D e f f r r p - - ... $ U ? 0 0 OO $ 5 0 . 0 0 $ 9 0 0 .0 0 $ 5 6 0 * ,;0 v 1 i c f r f c ■ li'j-rr- t> 9 6 0 0 o o 5 0 . o n 9 , . 0 0 o y (' > ! i l ' i n,t4 , .i 1 \ 1 A t! v ,1 n c t v 1 5 0 0 0 . ">0 5 0 . 0 0 .0(1 0 • ; n t r ? ru i r' n JV, ^ a l a r y t o b e It-t. <'zhi i n e d b y Boa r d • it D i r e c t o r s . TEACHER SALARY SCHEDULE 1966-67 r a i n i n g Beginning Salary Annual Increase up t o 1 0 years service Extra Duty M a x i m u m a c h e l o r ' s d e c r e e $ 9 , 0 0 0 $ 5 0 $ 9 0 0 $ 9 9 5 0 a s t e r ' s degree 9 , 3 5 0 5 C 9 0 0 5 3 0 0 iploma o f Advanced tuly 9 , 7 0 0 5 0 9 0 0 5 6 5 0 j p e r i n t e n d e n t a n d P r i n c i p a l - S a l a r y t o be d e t e r m i n e d b y F o a r d of d i r e c t o r s mual Teachers sa lar ies payable i f funds are ava i lab le . O' u »£** i m > * •. ,».■ r',4 i;-&{ i» i j *?'<•»- A) i<r. ®*u c>C i i r . - *rV ' i ' - — « «û -Sfl»g*S*P3 ru H tu m m M W > l O s s t l w M f l f ^ #***• P*; Knaml 4 S ttw * ifcfgfriBi tesaowo ^Rg£$s33ss£ «n i H 4 % Wo SjqperlokM A00.90 iit«*. - m u t m m U3 ??•. j ’JO.OO 50.00 per your t m ^prnrLmmm la Ql«4. n r i i M f i t . 3‘AW.OO ^/UO,00 iJ.tfO.OO 3 . . ____ lx. il atriev 10 1 t4j .._. u» x i v S -p. iu Ui*rt . 1 3*50.00 3700.00 j ,7 *> .X 4 3*0O.CK W5C.00 / S 9 i£ 3900.00 W O.M mOOQ.90 001.01 n i L h D JUN7 1971 _______ W. H. Mo . lc.llaN, LLtfiK IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS®*---------- PINE BLUFF DIVISION Utp. Clu.it LOIS THOMAS; ASIVE THOMAS; LUCREASIA A. EVANS; ELOIS WOODS and TROY E. WOODS, by t h e i r parent and next f r i e n d , MRS. CORINE WOODS; ERIC DINWIDDIE, DONALD R. DINWIDDIE, RODNEY DINWIDDIE, and DARRYLE HARRIS, by t h e i r guardian and next f r i e n d , MRS. CORINE WOODS, P l a i n t i f f s , NO. PB 69-C-46 THE BOARD OF EDUCATION OF THE PLUM BAYOU-TUCKER SCHOOL DISTRICT NO. 1, W righ t , Arkansas; FRANK CONLEY, P r e s id e n t ; and JAMES K. BRADSHAW, Superin tendent o f Schools o f the plum Bayou-Tucker School D i s t r i c t No. 1, D e fendan ts . MEMORANDUM OPINION The p l a i n t i f f s b r in g th is a c t io n a ga in s t the defendants seek ing r e l i e f pursuant t o the p ro v is io n s o f 28 U .S .C .A . §1342(3) ( 4 ) , 42 U .S .C .A . §§1981 and 1983; and the r i g h t s , p r i v i l e g e s and immunities guaranteed by the due p rocess and equal p r o t e c t io n c lau ses o f the Fourteen th Amendment t o the C o n s t i tu t io n o f the United S ta te s . The p l a i n t i f f s a ls o seek d e c la r a to r y judgment under the p r o v is io n o f 28 U .S .C .A . §2201 to determine the l e g a l r i g h t s and r e la t i o n s o f and between the r e s p e c t i v e p a r t i e s . Mandatory in ju n c t iv e r e l i e f a ga in s t the defendants i s sought f o r r e in s t a t e - ■ ment o f c e r t a in p l a i n t i f f s as teach ers in the p u b l ic schoo l system j o f plum Bayou-Tucker School D i s t r i c t No. 1, and o th er r e l i e f f o r 1 i a l l e g e d w rong fu l a c t io n by the de fendan ts . Further mandatory T ! to cease a l l e g e d d is c r im in a t io n a ga in s t b la ck patrons o f the | d i s t r i c t . j Th is cause was f i l e d Ju ly 22, 1969, and ass igned to D i s t r i c t Judge Gordon E. Young, now deceased. Subsequently, i t was ass igned t o th is Court f o r a p p rop r ia te a c t io n . The m atter was duly scheduled f o r p r e - t r i a l October 23, 1969, and scheduled f o r t r i a l ! December 11, 1969. Due t o the scheduled t ime f o r the t r i a l , i t I was continued by agreement o f the p a r t i e s and by re qu es t , subse- I q u en t ly continued f o r a l a t e r s ch edu lin g . The case was heard by j the Court as t im e ly scheduled on Monday, February 8, 1971, and Tuesday, February 9, 1971. The com pla in t o f the p l a i n t i f f s a l l e g e d numerous and sundry a l l e g a t i o n s a ga in s t the defendants in connect ion w ith the operation ! 1 o f the sch oo ls , employment o f tea ch ers and o th e r p ersonn e l, c la im in g d is c r im in a t io n a ga in s t the b lacks and p r e f e r e n t i a l trea tm ent accorded the w h ite s . A t the commencement o f the hear ing 1 a t to rn e y f o r the p l a i n t i f f s w ithdrew a number o f the a l l e g a t i o n s j in the com pla in t and during the course o f the hea r ing produced no test im ony in v o lv in g c e r t a in o th e r o f the a l l e g a t i o n s . Fo llow ing! the h ea r in g , which inc luded o re tenus test im ony o f numerous w i tn e s s e s , response to in t e r r o g a t o r i e s and e x h ib i t s , the case was submitted w ith t im e p rov id ed f o r the a t to rn ey s t o f i l e r e s p e c t i v e b r i e f s . For a b e t t e r understanding o f the problems p resen ted in th is I case , a b r i e f d e s c r ip t io n o f the h i s t o r y and o p e ra t io n o f the d i s t r i c t ' s schoo ls would be h e lp fu l . Plum Bayou-Tucker School D i s t r i c t No. 1 i s a sm all r u r a l schoo l d i s t r i c t o f some f i f t y - t h r e e square m i le s . The sch oo l d i s t r i c t p r e v io u s ly opera ted a dual. i n j u n c t i v e r e l i e f i s s o u g h t b y t h e p l a i n t i f f r e q u i r i n g d e f e n d a n t s seg rega ted schoo l system. plum Bayou School lo ca te d at W righ t , Arkansas, was f o r w h ites and p rov id ed f o r grades one through tw e lv e . Tucker-Rosenwald School lo ca te d a t Tucker, Arkansas, opera ted f o r b la ck c h i ld r e n w ith grades one through tw e lv e . The two communities are some e ig h t m ile s apart and th e .tw o schoo ls t r a d i t i o n a l l y were opera ted on a seg rega ted b a s is as t o both p u p i ls and f a c u l t y . In the schoo l y ea r 1965-66 the h igh schools o f the d i s t r i c t opera ted under " freedom o f c h o ic e " . Commencing w ith the schoo l year 1966-67 the schoo l d i s t r i c t v o lu n t a r i l y u n i t i z e d the high schoo l w ith Plum Bayou as the c e n te r h igh schoo l s i t e , thus com p le te ly in t e g r a t in g i t s h igh sch oo l as to p u p i ls and f a c u l t y . The Tucker-Rosenwald High School ( fo rm e r ly b la ck ) was c lo s e d . I t appears th e re was no problem o f any magnitude in the op e ra t io n o f the in te g ra t e d h igh schoo l as t o e i t h e r s tudents o r f a c u l t y . The plum Bayou and Tucker-Rosenwald e lem entary schoo ls continued to op e ra te on a s eg rega ted b a s is as to s tudents and fa c u l t y u n t i l the commencement o f th e sch oo l year 1969-70. For t h i s schoo l year the schoo l board by unanimous a c t io n v o lu n t a r i l y u n i t i z e d the two e lem entary schoo ls based p r im a r i l y on economic and ed u ca t ion a l requ irem ents . As a r e s u l t o f t h is a c t io n the Tucker-Rosenwald e lem entary schoo l was c lo s e d and s in ce the Plum Bayou e lem entary schoo l f a c i l i t i e s were s u f f i c i e n t and more modern to meet the needs, plum Bayou became the c e n t r a l schoo l s i t e o f the sch oo l d i s t r i c t ' s u n i t i z e d and in te g ra t e d system. Consequently , th e re no longer e x i s t s dual opera ted schoo ls by the d i s t r i c t and i t is undisputed th a t the schoo l system is t o t a l l y and com p le te ly in te g ra te d both as t o p u p i ls and f a c u l t y . -3- From the hearing to the Court, and as s ta ted in the p l a i n t i f f s ^I b r i e f , the o n ly qu es t ion s remaining f o r de te rm in a t ion by the Court a r e : (1) the f a i l u r e t o r e h i r e b la ck tea ch ers , (2) the f a i l u r e t o pay b la ck teach ers a t the same r a t e as the w h ite t e a ch e rs , and (3) the f a i l u r e t o o f f e r equal employment and earn ing o p p o r tu n i t ie s t o b la ck te a c h e rs . A l l o th er q u es t ion s have been withdrawn or d isposed o f o th e rw is e . j 1. FAILURE TO REHIRE BLACK TEACHERS. | A t the o u ts e t o f the hear ing the a t to rn ey s f o r the p a r t i e s o u t l in e d to the co u r t the qu es t ion s t o be p resen ted by the i tes t im on y . On th i s con ten t ion o f the p l a i n t i f f s the tes t im ony r e f e r r e d on ly t o th re e b la ck tea ch ers o f the defendant sch oo l , Lu creas ia A. Evans, A s iv e Thomas and L o is Thomas. However, the p l a i n t i f f s ’ b r i e f has r e fe r e n c e t o t h i s con ten t ion o f f a i l u r e t o r e h i r e b la ck tea ch ers f o r whom monetary r e l i e f (back-pay ) i s i sought concerns o n ly A s iv e Thomas and L o is Thomas. From the re c o rd , i t appears the r e l i e f sought by p l a i n t i f f , L u cre s ia A. Evans, i s a d i f f e r e n t assignment as a member o f the f a c u l t y . From hearing tes t im ony she in s i s t s th a t she should be employed in the schoo l system as a h ea lth c o - o r d in a to r . The Court w i l l c on s id e r the con ten t ion o f each o f these th re e p a r t i e s as d is c lo s e d ! by the re co rd . A. MRS. LUCREASIA A. EVANS. Mrs. Lu creas ia A. Evans has beer, employed by the schoo l d i s t r i c t as a t ea ch er f o r tw en ty - th re e y e a r s . Mrs. Evans became | a T i t l e I rem ed ia l read ing tea ch er f o r the schoo l d i s t r i c t I ass igned to the Tucker-Rosenwald Elementary School in 1965-66. i She was c e r t i f i e d BSE as e lem entary in s t ru c t o r fo r s i x y e a rs . She continued as a tea ch er under the T i t l e I rem ed ia l read ing I I program when the d i s t r i c t v o lu n t a r i l y adopted i t s u n i f i c a t i o n o f the e lem entary schoo l in 1969-70. She had been recommended by her p r in c ip a l a t the fo rm er ly a l l - b l a c k Tucker-RosenwaId Schoo l, j Jean C. Edwards. She continues in th i s p o s i t i o n o f teach ing in the d e fen d a n t 's schoo ls under T i t l e I as "rem ed ia l read ing teacher"|. Mrs. Evans' s a la r y has in creased each yea r s in ce the schoo l year 1966-67 from a annual s a la r y o f $4500 to her p resen t s a la r y ' i in the schoo l system o f $6,200. During the years the schoo l d i s t r i c t has r e c e iv e d T i t l e I funds and s in ce 1965-66 the schoo l d i s t r i c t has employed both b la ck and w h ite tea ch ers as a p a r t o f i t s s c h o la s t i c and educationajl t r a in in g programs. During the p e r io d o f t im e, 1965 through 1970, the sch oo l has employed f i v e w h ite tea ch ers and th re e b la ck tea ch ers under T i t l e I , a f e d e r a l program f o r needy s tu den ts . I t appears the f e d e r a l government r e q u ir e s th a t the t e a c h e r 's c o n t ra c ts under the program inc lude " c o n t ra c t payab le as funds a re a v a i l a b l e " . Her com pla in t th a t t h is in some way r e s u l t s in d is c r im in a t io n , b r in g in g the issue w i th in the j u r i s d i c t i o n o f t h i s a c t io n i s f a r f e t c h e d and beyond comprehension. The re co rd c l e a r l y e s ta b l i s h e s the f a c t th a t in the even t T i t l e I funds become u n a v a i la b le , th a t Mrs. Evans would be re ta in e d under the r e g u la r p a y r o l l as was done in the case o f another b la ck tea ch e r , Mrs. Maxine C la rk . I t i s e s ta b l is h e d th a t the p o s i t i o n o f Mrs. Evans has in no way been je o p a rd iz e d and n e i th e r has she been damaged by her continued employment as a teacher in the d e fe n d a n t 's p u b l ic s ch o o ls . The tes t im ony f a i l s to e s t a b l i s h any 1/ b a s is f o r her c la im o f d is c r im in a t io n .______________ _________________________ _1/ Mrs. Evans c la im s th a t the schoo l d i s t r i c t should pay her expenses f o r go ing t o summer schoo l f o r a d d i t io n a l courses and the f a i l u r e t o do so i s d is c r im in a to r y . Th is c on ten t ion i s unsupported by the tes t im ony and w ithou t m e r i t . The schoo l d i s t r i c t does not pay the expenses and n ever has p a id the expenses o f i t s tea ch ers | f o r a t ten d in g summer t r a in in g programs._________ i***’-*’’* B. ASIVE THOMAS. A s iv e Thomas was f i r s t employed by the defendant schoo l ' d i s t r i c t f o r the school year 1966-67 as a teacher f o r s o c i a l s tu d ies a t the Tucker-Rosenwald Schoo l. s in ce he had not ob ta in ed j j recIul-red c r e d i t s , he d id not en joy a c e r t i f i c a t e f o r p u b l ic schoo l teach ing but was employed under an Emergency C e r t i f i c a t e issued by the Department o f Education. He continued to teach s o c i a l s tu d ies f o r the schoo l year 1967-68 under BSE Emergency C e r t i f i c a t e . During the summer o f 1968 he r e c e iv e d a deg ree in j r e c r e a t io n . His pr im ary in t e r e s t was in p h y s ic a l education and j more s p e c i f i c a l l y in coach ing . The re co rd f a i l s to d i s c l o s e th a t ii j! he had any s p e c ia l t r a in in g o r exp e r ien ce in t h i s f i e l d . During [ •j the two years he was employed by the schoo l d i s t r i c t he had no | d u t ie s in the f i e l d o f p h ys ic a l educa t ion o r in coaching a c t i v i t i e s ; || w ith the schoo l d i s t r i c t a t Tucker-Rosenwald Schoo l. Mr. Thomas was not reemployed as a s o c i a l s tu d ies teach er j f o r the schoo l y ea r 1968-69. He was in formed o f t h is a c t io n by - j t im e ly l e t t e r from the super in tenden t o f schoo ls as re q u ir e d by Ark . S ta t s . 80-1304 (1960 R e p l . ) . The reason g iv e n by the schoo l d i s t r i c t f o r f a i l i n g t o renew j, h is teach ing c o n tra c t as a s o c i a l s tu d ies teach er in the Tucker- j Roselw a ld Elementary School was h is f a i l u r e t o adequ a te ly per fo rm j I jj as such t e a c h e r . Th is a c t io n was p r i o r to the adoption o f the sch° o1 d i s t r i c t ' s u n i ta ry system in the e lem entary schoo ls and th e re is no tes t im ony t o support the con ten t ion th a t such a c t io n j jj jl was ln any way d is c r im in a to r y as t o race o r o th e rw is e . Even I |J though Mr. Thomas was employed in t h i s c a p a c i t y f o r two yea rs , he f a i l e d t o become c e r t i f i e d in the f i e l d o f s o c i a l s tu d ies and th e re was no in d ic a t io n th a t he would become so c e r t i f i e d in the fu tu re . He had not been c e r t i f i e d a t the t ime o f h is test im ony in this proceeding. F o llow in g t o t a l in t e g r a t io n o f the schoo ls and u n i f i c a t i o n j colraT,encin9 w ith the schoo l y ea r 1969-70, Mr. Thomas contends tha t j !| he WaS e n t i t l e d t o be employed as a p h y s ic a l education in s t ru c t o r j jj ° r C° aCh in the schODl d i s t r i c t ' s h igh sch oo l . Mr. Hunter Doug la s . I ji 3 Whlte t e a c h e r ' employed as a tea ch er in s o c i a l s tu d ie s and ! Jf Phy s l c a l education in s t ru c to r f o r the schoo l y e a r 1966-67 and i ! || reemPloyed a t the d i s t r i c t ' s Plum Bayou High School f o r the schoo l j I Year 1967-68‘ The schoo l d i s t r i c t f a i l e d t o reemploy him f o r the j jj sch° o1 y ea r 1968-69 f o r the same reason th a t i t f a i l e d t o reemploy ! |i Mr' A s lv e Thomas as a s o c i a l s tu d ies tea ch er in the e lem entary j j schoo l o f Tucker-Rosenwald; th a t i s . f a i l u r e t o adequ a te ly j per fo rm the d u t ie s as such in s t r u c t o r . For the schoo l y ea r 1968-69 the schoo l d i s t r i c t employed I Mr. Bruce McConnell, a w h ite t ea ch er , f o r s o c i a l s tu d ie s and j p h y s ic a l educa t ion in i t s h igh s ch o o l . He was c e r t i f i e d in both f i e l d s . He re s ign e d a t the end o f the schoo l y ea r 1969-70. To i r e p la c e him, the d i s t r i c t employed Mr. C o rn e l iu s Sanders, a b lack ji : t e a ch e r , f o r i t s h igh schoo l teach ing s o c i a l s tu d ies and p h y s ic a l j edu ca t ion . Mr. Sanders a ls o perform s ex tra d u t ie s as a coach in i |j the h igh sch° o 1 - The tes t im ony f a i l s t o e s t a b l i s h the con ten t ion j o f Mr. Thomas th a t h is te rm in a t ion as an e lem entary tea ch er a t the { j |J all-b lack school. Tucker-Rosenwald. prior to the school's Ij: u n i f i c a t i o n o f the e lem entary g rades , was a r e s u l t o f d isc r im ina tor jy |i . f ■ Practlces by the school d istr ic t and his contention is without j! merit. However, i t is e s ta b l is h e d th a t Mr. Thomas ob ta in ed employ- j ment as a tea ch er a t B r in k le y . Arkansas, f o r the sch oo l year | 1968-69 where he r e c e iv e d an annual s a la r y o f more than $5,000. -7- A f t e r one yea r he l e f t the B r in k le y School system and was employed as a teach er f o r the sch oo l year 1969-70 a t Wabbaseka, Arkansas, a t a s a la r y o f some $5,600. He t e s t i f i e d a t the hear ing j th a t he was s t i l l employed a t Wabbaseka f o r the sch oo l year 1970-71 a t a s a la r y o f more than $6,000 and a ch ieved h is d e s i r e o f per fo rm ing coaching d u t ie s . He made i t c l e a r th a t he was s a t i s f i e d w ith h is p o s i t i o n a t Wabbaseka and had no fu r th e r d e s i r e f o r a p o s i t i o n w ith the plum Bayou School D i s t r i c t . He s u f f e r e d no damages as c la imed and such con ten t ion i s not susta ined by the tes t im ony . N e v e r th e le s s , in v iew o f the C o u r t 's r u l in g on the qu es t ion o f d is c r im in a t io n , he cou ld c la im no damages even i f i t cou ld have been shown by the tes t im ony .to be due. C. MRS. LOIS THOMAS. The con ten t ion o f Mrs. L o is Thomas p resen ts the v e r y d i f f i c u l t problem o f a red u c t ion o f f a c u l t y in a sch oo l system as a r e s u l t o f u n i f i c a t i o n o f i t s sch oo ls re q u ir e d by law . Th is problem has caused concern in a g r e a t many in s tances where in in t e g r a t i o n was r e q u ir e d and by the e l im in a t io n o f a s t a t e i mandated dual system o f s e g r e g a t io n . I t has been a su b je c t m atter : f o r the C o u r t 's in many in s tan ces . Mrs. L o is Thomas s ta r t e d tea ch ing in the d e fe n d a n t 's schoo l a t the a l l - b l a c k Tucker-Rosenwald Elementary Schoo l. She was f i r s t employed as a th i r d grade teach er and subsequently a tea ch er f o r the f i r s t g rade . She was c e r t i f i e d in e lem entary education BSE w ith s i x years e x p e r ie n c e . Her c o n t ra c t was term ina ted a t the end o f the 1968-69 schoo l y e a r . The schoo l d i s t r i c t had a lre a d y determ ined to u n i f y the plum Bayou-Tucker- Rosenwald Elementary schoo ls e f f e c t i v e the f o l l o w in g yea r 1969-70. ' The e n t i r e schoo l system had a t o t a l o f 302 s tu den ts , 228 o f the s tudents were b la ck and 74 w h ite f o r the schoo l year : 1969-70. For the schoo l year 1970-71 th e re were 151 students in the e lem entary g rades , 27 w h ite and 124 b la c k . In h igh schoo l th e re was some 17 w h ite students and 104 b la c k . i t i s q u i te obvious th a t the schoo l d i s t r i c t attempted to op e ra te i t s a l l - w h ite e lem entary schoo l w ith 27 s tudents w ithou t j u s t i f i c a t i o n , e d u c a t io n a l ly o r on any sound b a s is w hatsoever . i t is q u i te apparent the schoo l board come to r e a l i z e the in e v i t a b l e as e a r l y j as 1965 and attempted to p repare the d i s t r i c t f o r i t . When the day a r r i v e d f o r the schoo l d i s t r i c t to p ro v id e a f u l l y in te g ra te d and t o t a l l y d eseg rega ted schoo l system, i t n e c e s s i ta t e d a red u c t ion in e lem entary t ea ch ers . B e fo re t o t a l u n i f i c a t i o n th e re I were f i f t e e n e lem entary teach ers a t the b la ck Tucker-Rosenwald ! School and s i x e lem entary teachers a t the w h ite Plum Bayou Schoo l. , A reasonab le d e te rm in a t ion was made th a t a f t e r u n i f i c a t i o n tha t o n ly ten e lem entary teach ers would be needed. I I t i s e s ta b l is h e d by test im ony th a t the super in tenden t o f schoo ls and the schoo l board, a f t e r c o n s u lta t io n w ith tea ch ers bo th b lack and w h ite , the County School S up erv iso r , and l e g a l counse l, adopted a method o f e v a lu a t io n o f a l l e lem en tary teachers in an e f f o r t to a r r i v e a t a f a i r and o b j e c t i v e b a s is f o r the ! e l im in a t io n o f f i v e o f i t s e lem en tary tea ch ers . Whether the method f i n a l l y adopted was the b e s t method f o r such e v a lu a t io n was the r e s p o n s ib i l i t y o f the schoo l board , unless i t r e s u l t e d in obvious d is c r im in a t io n . The Court has c a r e f u l l y rev iew ed the in v e s t i g a t i o n made by the schoo l d i s t r i c t and the e x t e n t to which the super in tenden t o f schoo ls went in cons idera t ion ) o f the v iew s o f a l l teach ers and the ad v ise from the county School ! I Superv isor as to the proper c r i t e r i a t o be u t i l i z e d as w e l l as l e g a l counse l, and concludes th a t the method o f e v a lu a t io n adopted was reason ab le , f a i r and o b j e c t i v e . From t h i s method o f e v a lu a t io n o f the ten teach ers o f the I e lem entary tea ch ers r e ta in e d f i v e were b la ck teach ers and f i v e were w h ite te a c h e rs . Of the f i v e tea ch ers who were not r e ta in e d fo u r were b la ck and one was w h ite . Subsequently , one o f the b la ck i tea ch ers r e ta in e d re s ign ed and the w h ite teach er not r e ta in e d I r e s ig n e d . A b la ck tea ch er ranked next on the e v a lu a t io n form was not r e ta in e d but moved to the number ten p o s i t i o n and thereby reemployed. O f the th re e b la ck tea ch ers not r e ta in e d on ly Mrs. L o is Thomas complains o f d is c r im in a t io n and seeks r e l i e f in i 2/ t h i s a c t io n . From the test im ony and the re co rd in th is p roceed in g , the Court i s unable t o conclude th a t any d is c r im in a t io n has r e s u l te d as t o the method o f e v a lu a t io n o f the e lem entary teach ers and in the red u c t ion o f the teachers f o r t h is schoo l n e c e s s i ta t e d by- | u n i f i c a t i o n o f the d e fe n d a n t 's schoo l system. i The Court i s c on s tra in ed to h o ld th a t the con ten t ion o f Mrs. L o is Thomas o f d is c r im in a t io n and damages i s not substan tia ted ; by the tes t im ony and w ithou t b a s is . P a r e n t h e t i c a l l y , a vacancy occu rred during the f o l l o w in g year ! o f the e v a lu a t io n o f 1969 by a w h ite e lem entary t ea ch er r e s ig n in g j a t the end o f the schoo l year 1969-70. To r e p la c e t h i s w h ite tea ch er the School D i s t r i c t employed a b la ck tea ch er , r e s u l t in g f o r t h i s schoo l y ea r s i x b la ck tea ch ers in the e lem en tary schoo l and fou r w h ite tea ch e rs . Fu r th er , by way o f a l e t t e r rega rd in g Mrs. Thomas, the sch oo l Board has in v i t e d Mrs. Thomas t o app ly f o r a vacancy as an e lem en tary t ea ch er o f t r a in in g in e lem en tary educa t ion f o r the sch oo l y ea r commencing 1971,________________________ _____________________ 2. FAILURE TO PAY BLACK TEACHERS AT THE SAME RATE AS THE WHITE TEACHERS. I t is c l e a r l y e s ta b l is h e d by the test im ony and the e n t i r e re co rd in th is case , su b s ta n t ia ted by e x h ib i t s , th a t the defendant i schoo l d i s t r i c t adopted a uniform s a la r y schedule f o r teach ing personnel p r i o r to the schoo l y ea r 1966-67. The schoo l d i s t r i c t ' s j t each er s a la r y schedule in e f f e c t f o r the schoo l y ea r 1969-70 is a t a minimum s a la r y based on the t e a c h e r 's c o l l e g e d eg ree , c e r t i f i c a t i o n and diploma o f advanced study w ith anannual in c rease • up to ten years o f s e r v i c e and a maximum s a la ry on the same b a s is with an additional $900 a year for extra duty. The salary schedule i s a p p l ic a b le t o a l l teach ers on the same b a s is and t h i s contention ! o f the p l a i n t i f f s i s w ithou t m e r i t . 3. FAILURE TO OFFER EQUAL EMPLOYMENT AND EARNING OPPORTUNITIES TO BLACK TEACHERS. From the tes t im on y , th is con ten t ion i s o b v io u s ly l im i t e d t o | sch oo l bus d r i v e r s . In s o fa r as ncn-teaching p ersonn e l, th e re i s | no con ten t ion th a t any b la ck person was d ep r iv ed o f any such j! p o s i t i o n or op p o r tu n ity f o r such p o s i t i o n . I The re co rd d is c lo s e s from the tes t im ony tha t the schoo l board has g iv en employment as e x t ra duty s e r v i c e to both w h ite and il j b la ck tea ch e rs . For the year 1969-70 th e re were f i v e bus d r i v e r s , !j j| fou r w h ite and one b la c k . I t i s fu r th e r e s ta b l is h e d th a t these were exper ienced bus d r i v e r s and had been employed by the schoo l d i s t r i c t f o r some t im e. When a vacancy occurred the schoo l d i s t r i c t employed another b la ck person as a schoo l-bus d r i v e r j| commencing w ith the schoo l year 1970-71. The cou rt concludes th a t th is con ten t ion o f the p l a i n t i f f s i s not su b s ta n t ia ted by the test im ony and w ithou t m e r i t . -11- CONCLUSIONS OF LAW J u r i s d i c t i o n o f th is p roceed ing i s adm itted and e s ta b l is h e d 28 U .S .C .A . § 1 3 4 2 (3 ) (4 ) ; 42 U .S .C .A . §§1981 and 1983; 28 U .S .C .A . \ | §2201, and the due process and p r o t e c t io n c lauses o f the Fourteenth Amendment to the c o n s t i tu t io n o f the United S ta te s . I I t i s w e l l e s ta b l is h e d tha t a schoo l d i s t r i c t may not j | c o n s t i t u t i o n a l l y d is c r im in a te a ga in s t Negro schoo l personnel and j i [ teachers on the b a s is o f t h e i r ra c e . I t i s fu r th e r e s ta b l is h e d i l| th a t no tea ch er has an i n d e f i n i t e tenure r i g h t under Arkansas law II 1 j | and a schoo l d i s t r i c t is not r e q u ir e d t o r e t a in , promote or I compensate s o l e l y on the b a s is o f s e n i o r i t y - I . i j As s ta te d in McBeth v . Board o f Education, by th is c o u r t , i !j Henley, C .J . , 300 F.Supp. 270 (1970): " I t i s s e t t l e d in th is C i r c u i t , as e lsew h ere , tha t those in charge o f p u b l ic schoo l systems may not c o n s t i t u t i o n a l l y d is c r im in a te a ga in s t Negro schoo l a d m in is t ra to rs and teach ers on the b a s is o f t h e i r ra ce . When student body in t e g r a t io n perm its a schoo l d i s t r i c t I t o reduce i t s f o r c e o f ad m in is t ra to rs and tea ch ers , the re d u c t ion i s not t o be e n t i r e l y a t the expense o f Negro employees. The problem must be s o lv ed in a r a c i a l l y n on -d is c r im in a to ry manner. Walton v . N a s h v i l l e , Arkansas S p e c ia l School D i s t r i c t No. 1, 401 F.2d 137; Smith v . Board o f Education o f M o r r i l t o n School D i s t r i c t No. 32, 365 F .2d i 770; Brooks v . School D i s t r i c t o f C i t y o f M obeley , 267 F .2d 733 ." ij F u r th e r : "Arkansas p r in c ip a ls and c lassroom teach ers have but l im i t e d tenure r i g h t under Arkansas law, and l o c a l schoo l d i s t r i c t s are not r e qu ir ed to h i r e , r e t a in , promote o r compensate on the b a s is o f s e n i o r i t y . And w h i le a Negro employee o f the schoo l d i s t r i c t has a f e d e r a l l y c o n s t i t u t i o n a l immunity from d is c r im in a t io n on the count o f ra ce , he does not have a v e s te d r i g h t to remain in the employ o f the schoo l d i s t r i c t . " I . I In another case emanating in th is Court, Jackson v . W h ea t ley , ] |i 430 F . 2d 1359 (1970) the E ighth C i r c u i t cou rt o f Appea ls s ta t e d :II " In Arkansas, a schoo l d i s t r i c t has the r i g h t to in v e s t i g a t e competency and f i t n e s s o f those employed to teach in i t s s ch o o ls . There i s no o b l i g a t i o n on the -12- p a r t o f the board to r e h i r e a teacher should a de te rm in a t ion be made tha t i t would not be in the b es t i n t e r e s t o f the schoo l system i f such d e c is io n i s not based on the grounds o f r a c i a l c o n s id e r a t io n s . " c f - Haney v . S e v ie r County Board o f Education . 284 F.Supp. 916; Smith v . Board o f Education o f the M o r r i l t o n School D i s t r i c t . 365 F.2d 770 (8th C i r . 1966) . j The cou r t determ ines from the test im ony, response to jj in t e r r o g a t o r i e s , e x h ib i t s and the e n t i r e re co rd and in accordance w ith the f in d in g s o f f a c t and conc lus ion s o f law tha t the qu es t ion s I! • in v o lv e d h e re in , the con ten t ion s o f the p l a i n t i f f s and the r e l i e f sought, i s w ithou t m er i t and the com pla in t o f the p l a i n t i f f s jj should be d ism issed . The requ es t o f counse l o f the p l a i n t i f f s in th is case f o r a t t o r n e y 's f e e ch a rgeab le to the defendant schoo l d i s t r i c t i s j u n ju s t i f i e d and den ied . An o rd er w i l l be en te red in accordance w ith th is op in ion . 13' BY: I N T H E 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 E A S T E R N D I S T R I C T O F A R K A N S A S E A S T E R N D I V I S I O N h i L E D JuN7 1971 W. H. McoLfeulArt, LLutiK !!>*(>. cis ,k L O I S T H O M A S : A S I V E T H O M A S : L U C R E A S I A A . E V A N S : E L O I S WOODS a n d T R O Y E . W O O D S , b y t h e i r p a r e n t a n d n e x t f r i e n d , M R S . C O R I N E W O O D S : E R I C E D I N W I D D I E , D O N A L D R . D I N W I D D I E , R O D N E Y D I N W I D D I E , a n d D A R R Y L E H A R R I S , b y t h e i r g u a r d i a n a n d n e x t f r i e n d , M R S . C O R I N E W O O D S , P l a i n t i f f s , T H E B O A R D O F E D U C A T I O N O F T H E P L U M B A Y O U - T U C K E R S C H O O L D I S T R I C T N O . 1 , W r i g h t , A r k a n s a s ; F R A N K C O N L E Y , P r e s i d e n t : a n d J A M E S K . B R A D S H A W , S u p e r i n t e n d e n t o f S c h o o l s o f t h e P l u m B a y o u - T u c k e r s c h o o l D i s t r i c t N o . 1 , N O . P B 6 9 - C - 4 6 D e f e n d a n t s . ORDER P u r s u a n t t o M e m o r a n d u m O p i n i o n f i l e d t h i s d a t e i n t h i s p r o c e e d i n g a n d f r o m t h e e n t i r e r e c o r d , t h e C o u r t , b e i n g w e l l a n d s u f f i c i e n t l y a d v i s e d , t h e c o m p l a i n t o f t h e p l a i n t i f f s a g a i n s t t h e d e f e n d a n t i s h e r e b y c o n s i d e r e d , o r d e r e d a n d a d j u d g e d t o b e w i t h o u t m e r i t a n d i s h e r e b y d i s m i s s e d . I T I S F U R T H E R O R D E R E D t h a t t h e r e q u e s t o f t h e p l a i n t i f f s ' D A T E D : J u n e 7 , 1 9 7 1 . (j>cQ s w o JUL 6 1971 P I N E B L U F F D I V I S I O N ' ----- :--------- ’ L O I S T H O M A S , e t a l . P L A I N T I F F S , ) V s . T H E B O A R D O F E D U C A T I O N O F T H E 1 P L U M B A Y O U - T U C K E R S C H O O L D I S T R I C T N O . 1 , W r i g h t , A r k a n s a s , e t a l . , ) C I V I L A C T I O N N O . PB 6 9 - C - 4 6 ) D E F E N D A N T S . ) N O T I C E O F A P P E A T , p l e a s e T A K E N O T I C E t h a t p l a i n t i f f s h e r e b y a p p e a l t o t h e u n i t e d S t a t e s C o u r t o f A p p e a l s f o r t h e E i g h t h C i r c u i t f r “ t h e 0 r d 6 r e n t e r e d i n ^ i S _ T h o I m s J_ e t a l . v , T h p ^ E d u c a t i o n o f t h e P l u m B a y o u - T u c k e r c c h o o i D i s f r i r . ^ ^ , ' ^ ^ ^ a n s M z _ e ^ a l . ; 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 ’ N o . P B 6 9 - C - 4 6 , b y t h e 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 , E a s t e r n D i s t r i c t o f A r k a n s a s , P i n e B l u f f D i v i s i o n , d a t e d J u n e 7 . 1 9 7 1 , t h e H o n o r a b l e O r e n H a r r i s , D i s t r i c t J u d g e . DATED * R e s p e c t f u l l y s u b m i t t e d , K A f L A N , L A V E Y & M A Y S 1 8 2 0 W e s t 1 3 t h S t r e e t L i t t l e R o c k , A r k a n s a s 7 2 2 0 2 ,5 1 '| * I1.-, ft N >T • V 2i P H I L I P E . -i K A P L A N -------- A t t o r n e y s f o r P l a i n t i f f s k Dep. Clerk' IH THE TOUTED STATES DISTRICT COURT EASTSRU DISTRICT 0? ARKANSAS PIHE BLUFF D IV IS IO N LOIS THOMAS, e t a l . , C IV IL ACTION HO. PB 69-C—46 PLA IN T IFFS , ) ) V * . ) ) THE BOARD OF EDOCATION OF THE ) PLUM BA YOU-TUCKER SCHOOL D ISTRICT ) HO. 1, W r ig h t , A rk a n sa s , « t * 1. , ) ) DEFENDANTS, ) 9QSS.. ZfflL fflSTS a m z a t Tha p l a i n t i f f a h ava f i l e d in t h i s C ou rt a M o t io n o f A p p e a l. P u rsu an t t o R u la 7 o f th a F s d a ra l R u le s o f A p p e l la t a P ro c e d u re , th e p l a i n t i f f s end C a r l B ro o k s , s u r e t y , a r e h e ld and f i r m ly bound f o r th a paym ent b y th e p l a i n t i f f s o f a l l c o s ta and d isb u rsem en ts up t o th e sum o f Two Hundred F i f t y D o l la r s ($250. 00) ah ou ld i t h e d e te rm in ed th a t th a a p p a a l i s w ith o u t m e r i t . I f th e p l a i n t i f f e p ay a l l c o a t s and d isb u rsem sn ta in c u r r e d b y ren eo n o f t h i s a p p e a l sh ou ld i t b e d e te rm in ed th a t th e a p p e a l i s w ith o u t m a r i t , t h i s o b l i g a t i o n s h a l l b e v o id , o th e r w is e i t s h a l l rem a in in f u l l f o r c e and e f f a e t . E x ecu ted t h i s __________day o f 1971. LOIS THOMAS, a t e l . »y_ P h i l i p E . K ap lan WALKER, KAPLAN, LAVEY «. NAYS 1820 M ea t 13th s t r e e t L i t t l e Book , A rk an sas 72202 A t t o r n e y s f o r P l a i n t i f f s ®y_ CARL BROOKS, SURETY