Motion of Defendant to Modify Order of November 7, 1969; Order

    dluited States Court of Appeals 
FIFTH CIRCUIT 

EDWARD W. WADSWORTH OFFICE OF THE CLERK ROOM 408-400 ROYAL: ST. 
CLERK NEW ORLEANS, LA. 70130 

January 6, 1970 

Mr, EE, G, Palmer Bela 
Executive Secretary NAACP LEGAL DEFENSE 

; ’ Oh 4 nl 4 =1IND | bol 

Kemper County School Beard & EDUCATIONAL FUND, INC 

Kemper County, Mississippi 

Dear Sir: 

Mississippi cases 
(Kemper County) 

Enclosed is a copy of an order entered on January 
5 on your motion to modify the order of this Court 
of November 7, 1989, 

Since you did not serve a copy of your motion on 
the other parties, I am, by copy of this letter, 
serving a copy of the motion and order on the 
Justice Department and the N,A.A.C.P. 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

i 

By A ~ : ht, - 4 2 

G, FF, Ganucheau 

Chief Deputy Clerk 

  

G.'¢:adg 

Encl, 

cc & encs, to: 
Mr, David Norman 
Mr, Melvyn R, Leventhal 
Mr, Norman Amaker  



  

  

    

UNITED STATES 
U: S. COURT, OF APPEALS 

COURTOFAPPEALS FILED 

FOR THE FIFTH CIRCUIT JAN 2 1870 
i vv 

NO. 28030 EDWARD W, WADSWORTH 
CLERK 

UNITED STATES OF AMERICA, et al 

Appel lant 
VS. 

CIVIL ACTION NO. |373(E) 

KEMPER- COUNTY SCHOOL DISTRICT, et al 

Appel lee 

MOTION OF DEFENDANT APPELLEE 
KEMPER COUNTY SCHOOL DISTRICT 

TO MODIFY ORDER OF NOVEMBER 7, 1969 
  

COMES NOW DEFENDANTS E. G. Palmer, Superintendent of 

1 tA? Education, and J. R., Dudley, Jr., 1.D. Gordy, Jr., C. C. McKee, J. W. 

Weaver, and Charlie Little, Members of the County Board of Education 

of Kemper County, Mississippi, and wove the Court for a modification of 

the Order of the Court entered on November 7, 1969, insofar as said 

Order applies to Kemper County School District, Kemper County, Miss- 

issippi, for the following reason: 

The Recommended Plan for Student feseareasiion for 

Kemper County School District filed sy. hie Of fice of Education, 

Department of Health, Education and Welfare, is unworkable 

and impossible of implementation for educational purposes. 

A basic fact that makes the Recommended Plan unworkable 

is the unequal division of the students as for their race. 

The adjustments required of all students and faculty members 

in such limited time are too demanding and the conse- 

quential injury to the education of all students for the 

remainder of the session would be great. There are 2100 

Negro students enrolled and 800 White students enrolled, 

using rounded numbers. This is a ratio of 72.4% 
  

  

 



  

  

Negro students to 27.6% White students. Under the Recommended ‘Plan 

there will be immediately created a situation where every school 

in the County will have a predominance of Negro students, ranging 

as high as 43 to 1 as follows: 

Whisenton School: 82 Negro Students 
179 White Students 

    

Spencer School: 525 Negro Students 

181 White Students 

Scooba School: 154 Negro Students 

87 White Students 

Lynville School: 238 Negro Students 
112 White Studers 

DeKalb School: 319 Negro Students 
- : 23L White Students 

A major basic fact that make the Recommended Plan unworkable, 

is the lack of classroom space and equipment necessary for meeting 

the demands of the required immediate change. As an illustration, 

533 students constituting the entire 10; 11, and 12 grades of the 

entire county are assigned to the DeKalb School. Three Hundred 

Ninety-Six of these students are required to take courses in Science, 

but there are only 2 classrooms in the DeKalb School that have equip- 

ment for teaching these courses in Science and there are no other 

classrooms available for the purpose of being converted to the 

teaching of these classes. 

Further, the provisions of the Recommended Plan require such 

sweeping changes throughout all the schools that the necessary 

equipment for the teaching of Science, Vocational Training, Business 

and Secretarial Training and other related courses can not possibly 

supply or adjust except through use of much more time and obtaining 

  

  

 



  

  

of additional space and equipment for which both money and installation 

time are not now available. 

Defendants are confident that an Alternative Plan will better 

serve the educational needs of all the school children of the school 

district than the Recommended Plan. For that reason and purpose, 

Defendants propose the following Alternative Plan for the Second 

Semester of the 1969-1970 School year as follows: 

        
 



  

  

    

(1) The DeKalb Center with grades one through twelve will have 

a ratio of two negro pupils to three white pupils. The English 

Teacher of the DeKalb Attendance Center will teach the 11th grade 

English Class at the Whisenton Attendance Center. The Science 

Teacher at the Whisenton Attendance Center will teach the Science 

Class in the 11th grade at the DeKalb Attendance Cenfer. All 

Vocational Agriculture students , grades 10,11, and 12 will be 

bussed to the Vo-Tech Center which will be completely intergrated. 

(2) The Lynville Attendance Center with grades one through 

eight will have a ratio of two negro pupils to three white pupils. 

There will be two negro teachers which will teach elementary classes 

in the Lynville Center. 

(3) The Scooba Attendance Center with GEBIe ond through eight 

will have a ratio of two negro pupils to three white pupils. There 

will be three negro teachers which will teach elementary classes in 

the Scooba Attendance Center. The 6th grade Math Class will be bussed 

to we to be taught with the 6th grade Math Class at the Spencer 

Attendance Center. 

(4) The Spencer Attendance Center will have grades one 

through twelve and will bus 8th grade English Class to the Scooba 

Attendance Center to be taught with the Bin grade English Class at 

the Scooba Center. All students enrolled in the Vocational Agriculture 

classes of the 10th,IIth and 12thgrades will be bussed to the Vo-Tech 

Center at DeKalb for fully thiearated classes. 

(5) The Whisenton Attendance Center will have grades one 

through twelve. The English Teacher af DeKalb Center will teach the 

12th grade English Class at Whisenfon Center. All Vocational 

Agriculture students in 10th, 11th and 12th grades will be bussed fo 

the Vo-Tech Center which will be completely integrated. The Driver 

Education Teacher will teach three classes in the Whisenton Center. 

The above teacher is of the white race. The Science Teacher at 

Whisenton Center will teach the 11th grade science at the DeKalb 

Center. 
  

  

 



  

  

    

(6) The Vo-Tech Center will offer two classes of three hours 

~each in Auto Mechanics, Building Trades, Electrical Trades, Mechanical 

Trades, Industrial Drafting, Vocational Agriculture and Business and 

Office Machines. Approximately two hundred pupils will be faught 

in these classes which will be bussed from the DeKalb, Spencer, and 

Whisenton Centers. Each class will be fully integrated with pupils 

from these three attendance centers. 

Defendants pray the consideration of, and the adoption of 

the foregoing Alternative Plan for the purposes stated. 

Respectfully submitted, 

g Td ee 

el a) Yet. 

E. G. Palmer, Executive Secretary 
of the Kemper County School Board 
Kemper County, Mississippi 

  

  

  

 



    

    
    
   
   
   
   
   
   
   
   
   
   
   
   
    
   
   

  

     

Ho 

© dened save in the following respects: 

"the Scooba Attendance Center shall accormodate grades 1- 8 and 
"spencer Attenda nce Center shall accommodate aredng 1-22, Defendant 

are ‘directed to assign ‘89 ‘Negro students in attendance in grades 

beginning on January 5, 1970. i 2 Fa : Briar 

  

          

      

  

  

ir bn 28030 & 26012 on 3 

   
    appoliants 2 ing: es 

SV wy 
$2 Sweet, 

    

  

3n5 at Spencer Attendance Center to the Scooba Attendance Center 

ame motion o of the Kemper County School District, et al, 

to odify ‘the order of Shia court dated November 7, 1969 having 
ob nie tr a Rt 

Freitag tin 

been considered; 

It is ordered, adjudged and’ decreed that the Be 

ta) For the remainder of the 1969- 70. school term, 

ate 

"The sixth grade path classes from Spencer and 

  

Scooba will be taught together at Spencer. The eighth grade 

english BAaEE Tron Spencer and Scoohs will be baught together 

at Scooba, Remedial Sending for the two schools will be taught 

only at Spencer. All students at Spencer who are enrolling in Py 

Vocational Agriculture in the tenth, eleventh and twelfth grades 

will. abtens int egrated classos daily at the Vo-toch center. 
wy My 

. . ~. : RTL : : ' : : Vo . : 
0h Loa Tel BE 8 SE J TO I 1 . ’ veh aE 1:4 Yi pale reals 4 vi 

3 2 Bi nt ee on . . ya ' . Ay '



  

ds “(v) The ninth \ grades nov. , assigned olan the office rt ly 

F 
Ss ~ 

: of Education (um), plan’ to the ¥isenton and Tynyiile schoola 

will be ernasferred to the ‘Dekalb Attendance Center. r i 

    os nate : + ie. oy E £2 : A ir ES 

Ua This order 19 entered without prejudice to. defendants 

x + seeking the same’ or furt her reiter in this “court or ‘before Hon. finan 

  

3 PR | it ator 
' es i . wy; : . ASL 

one Re, to iy Ld a RE a an , : 

he “Dan Russell, ay united States District Judge, pursuant. to, the’ BEE 

     

         
             

    
rocetiite ‘provided in’ our’ oracr of Noveriber 7 1969. Ea 

o 
1 

EEE iY other provisions. of ‘the office of ¢ oavcattongin) 

     Lote “plan Carpet 11) - as’ ‘ordered into effect in our of Novenber i, rar 
“ Ph . eH 

  

on 

Nor 

  

    ; SriErIn B, BolT. ; ow; 
ante States Circuit: Judge’ 

i % Fon {5 fi ’. 59) Ld, 

Homer Thornberry 2 
United States Circuit sedge 

   

  

min’ - hy - 

Fi 0. Brompun (6, © 23)     
  

      

      

i 3; 
i Se 1 

. 

FH 

- 

rr’ . 

\ » 

lewis R. Morgan ’ 
hay ’, 

% 
: 

e iy die 8 St te Sizer Ht 3 age RTA i D 8 a eg u u e R555 
. oh 

x : 
i ; wih 

ae ! ‘ ‘ ky 

i 
i y i ; 

: > : Ei 
“e $. 

. 
' 3 

y 
Los 

oe 

EL i , 

’ 
> ' : i B 

5 

Yo i - 
ii on . 

‘ 
a 2. : 

‘ 
‘ hr by : pret 

: 

oo FO A TTR Sm She pel r HS 
‘  ) Pa 2% | 

x : " : ; eH 
oe 

: $7 : i V TA 

i 

Fe ' " bru b>. 

. 
y Tr Lt . po i, 

. . Ve y ta opt, 

pus 
i oat RE t . 

‘a 
i * \ 1] ‘ 

p. 
LS . he i . ’ 

: . - 2 x 

or : ir LTR EI - 2 : 

a 
>. d ’ kh “ x 0" 

4 
: ¥ 

... . 

« No & AE . oH 

) ] 1 ; oy 
- N 

< 2, . ! +) Y 

as " “ . “iy Bh Eh 
2 ’ 

wet had . 2 . " 
AE \ 

«x . - oN . r. at 
: t 

. . : «Haxd wg id t. . ". 1 . -. 

. 2 >. Yo ' ‘ . - ., 

ie Bi. tl ol 2 \ = . ¢ : 

i 5 » a Fi : ! i 

¥ 3 : 14 Jd * 
¥ ‘a 

wer Wt ” i \ , : : a 

Vat \ “'s . EN “ Se yt 

ot . 7S yp .e : a ety egos 

‘ y ME ‘. * EL . . 

i . 
PER or 

hs »? RETO gy 
; J . pants 4 

ry, t 
‘ 

one ad > b 

. is f A : 
iy va a Ys : 

- “¥ : ey : 

PR Te - 
eed : ’ 

= % 1 

. ‘ te . z tr 
. 

! . Pl, 2 ~ 

i H : : oh - t . » 

“ 4 ¥ 4 
0 wy 4 . " hi : ' 

. a ' ’ » ‘ ‘ . 
fi Bb J . HAA el | ud i ‘ 

: o" en ’ \ ‘on y 
4 . . “ 3 ir 

5 fo ' . Rds 
i 

‘ 
. + Al 
a ES i y¥ . ) fl , 

f 

r 

i IA A H \ 

. ! t 

oh - FA ‘ | : 

I . [3] 
‘ \ 

| J * 
Pl ‘ 

- a - . 

ol _; ll - ’ i : 

.! i. i h 
1 o, 

w i i 
+ 

. 

8 : : \ ) 

: v ' 1 } N 
i . ' . ! 

p ? ry = \ ' v 
0 LY Ay ' 1 

- - - — - go. - rr r BI . \ 

! 2 Wr ’ 

EY ’ 
. ha 

¥ '