Order Granting Motion to Amend Forrest County Desegregation Plan

    ELWARD W. WADSWORTH 

CLERK 

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

) 
BUFORD A. LEE, et. al., | Plaintiff - ) 

Appellee VEnsls Gus 
! ) NOS. 28030 

~ UNITED STATES OF AMERICA Defendant- ) & | 
Appellant, ) 28042 

VERSUS 
) | 

| ) MILTON EVANS Third-Party ) 
: Defendant- ) 

Appellee 

ORDER 
  

After due consideration, the motion to amend the 

school desegregation plan for the Forrest County school 

district ordered by this court on November 7, 1969, is 

granted on the following terms and conditions. 

The student Asiiaiiat plan prepared by the Office 

of Education (HEW), Appendix 12 to the order of November 7, 

1969, is amended as follows: 

Student assignments shall be as follows, including the approximated 

student enrollment by race; 

1. Central Forrest Attendance Center shall serve grades one through 

eight and shall be attended by 263 white students, 65 ROgYo students, being 

comprised of 81% white and 19% negro students. 

 



  

2. | Rawl Springs Elementary School shall serve grades one through 

six and shall be attended by 102 white students, 25 negro students, being 

comprised of 81% white students and 19% negro students. 

3. - North Forrest Attendance Center shall serve grades one through 

twelve and shall be attended by 475 white students, 110 negro students, 

being comprised of 81% white students and 19% negro students. 

4. Dixie Elementary School shall be re-opened and serve grades 

one through six and shall be attended by 180 white students, 45 negro 

students, being comprised of 80% white students and 20% negro students. 

°. Petal-Harvey Elementary School shall serve grades one through 

four and shall be attended by 771 white students, 190 negro students, being 

comprised of 81% white students and 19% negro students. 

6. Sunrise Elementary School shall serve grades one through six 

and shall be attended by 174 white students, 95 negro students, being 

comprised of 65% white students and 35% negro students. 

7. Petal Attendance Center School shall serve grades five through 

twelve and shall be attended by 1,467 white students, 360 negro students, 

being comprised of 81% white students and 19% negro students. 

8. South Forrest Attendance Center School shall serve grades one 

through eight and shall be attended by 445 white students, 80 negro students, 

being conprised of 84% white students and 16% negro students. 

9. Forrest County Agricultural High School will serve grades nine 

through twelve and shall be attended by 484 white students, 108 negro 

students, being comprised of 82% white students and 18% negro students. It 

being understood that this school is required by law to accept assignment of 

additional students from the Hattiesburg Separate Municipal School District 

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as well as from other sources which constitute a part of said total enroll- 

ment students. 

10. The proposal to close the Earl Travillion 

School is denied. That school shall be maintained and 

operated as a school for at least three grades with a 

total student body .-of not less than 350. The grades 

shall be integregated in not less than the degree of the 

proposal of the HEW plan for this school. Under the pro- 

posed amendment, paragraph 7, supra, the capacity of the 

Petal Attendance Center School is less than the number 

of students to be assigned to the school. In view of 

this fact, the Earl Travillion student body shall be com- 

prised of students contemplated for assignment to the 

Petal Attendance Center School. : Pe 

Even under these conditions, the court entertains 

some doubt as to reducing the Earl Travillion School in 

student body size. The difficult question presented on 

such a motion to close a school or to reduce the scope of 

its operation, once a unitary system has been ordered, 

comea in determining whether the proposal stems from edu- 

cational purposes as distinguished from racially discri- 

minatory purposes. Stated differently, is racial discrimi- 

nation the motivation for the plan or does -it have its 

basis in educational purposes? 

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h J 

The coud is reluctant to permit ‘@ of such ¢ 

a change, where contested or where doubt exists, except 

upon a finding based on proof that the plan was devised 

and is to be promulgated for educational purposes only. 

Such a finding can best be made upon a hearing before 

Honorable Dan M. Russell, Jr. according to the procedure 

provided in our order of November 7, 1969. The court will 

permit the use of the Earl Travillion School on the condi- 

tion stated for the balance of the current school term as 

an interim emergency measure to stablize the education 

process in this school district. The authority is not to 

be construed as a precedent except in the exigencies of 

the particular group of Mississippi cases (covered in our 

order of November 7), of which this case is one., Whether 

such a plan may be used in the 1970-71 school term, if 

desired, will depend upon the findings and recommendations 

of Judge Russell and upon the final order of this court 

on the question. The question should be presented to 

Judge Russell by the defendant School Board. 

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that od 

all other provisions of the HEW plan as ordered into ef- 

fect by this Court on November 7, 1969, shall remain in 

full force and shall be complied with as shall all other 

provisions of the Order of the Court of November 7, 1969. 

— 

ORDERED this, the '> day of December, 1969. 

Cringe Br Brot 
Griffin B. Bell 

United States Circuit Judge 

( Srvwasnn omabinn (2,025) 

Homer Thornberry 

United States Circuit Judge 

Lioots R. Nang Sorel b FRR) 
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Lewis R. Morgan 

United States Circuit Judge 

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