Memorandum re: Riots, NORI, Legal Process

    IN THE UNITED STATES COURT OF APPEALS i 

FOR THE FIFTH CIRCUIT i 

NOS. 28030 and 28042 

UNITED STATES OF AMERICA APPELLANT 

VS. 

HINDS COUNTY SCHOOL BOARD, ET AL APPELLEES 

BEATRICE ALEXANDER, ET AL APPELLANTS i 

i 

VS. ; 

HOLMES COUNTY BOARD OF EDUCATION. ET AL 

APPELLEES 

AND AlL CASES INCLUDED IN THE COURT'S 

ORDER OF JULY 3, 1969 AS SUPPLEMENTED 

PROPOSED ORDER OF MADISON COUNTY 

BOARD OF EDUCATION TO IMPLEMENT 

OPINION OF SUPREME COURT OF UNITED 

STATES, 
  

THIS CAUSE came on to be heard pursuant to the opinion 

and decree of the Supreme Court of the United States rendered 

 



  

on October 29, 1969, on the desegregation plans filed herein by 

the Department of Health, Education and Welfare, the appellees’ 

objections thereto, and the appellees' plan of desegregation, and 

the Court having heard and considered the same: 

IT 1S HEREBY ORDERED, 

1. That the appellees, Madison County School District, 

may no longer operate a dual school system based on race or 

color and shall immediately begin to operate a unitary school 

system within which no person is to be effectively excluded from 

any school because of race or color, and shall implement the 

aforesaid opinion and decree of the Supreme Court as follows: 

A. STUDENT ASSIGNMENTS 

1. That part of Supervisors District 4 and 5, lying 

within the School District in which the Velma Jackson, Luther 

Branson and Farmhaven Attendance Centers are located, is 

hereby designated as Zone I, and students are hereby assigned 

as follows: 

(2a) The Velma Jackson Attendance Center shall 

serve and be attended by all students regardless 

of race, in grades 1 through 12 living within the 

present attendance area of the school, as recom- 

mended in the HEW plan. 

(b) Luther Branson Attendance Center will serve and 

be attended by all students, regardless of race, in 

grades 1 through 8 in the attendance area which it 

  

 



  

is currently serving. 

(c) Farmhaven Attendance Center will serve the 

same grades and area as in the 1968-1969 school 

year. This Attendance Center will be closed fol- 

lowing the 1968-1969 shcool year and all students 

will be assigned to the Luther Branson Attendance 

Center for the 1970-71 school year. 

That part of Supervisor's District No. 3, in which 

the Ridgeland Elementary, Madison-Ridgeland, and Rosa Scott . 

Attendance Centers are located is hereby designated as Zone 1I, 

and students are hereby assigned as follows: 

(2) Ridgeland Elementary will serve and be attended 

by all students in grades 1 through 6, regardless of 

race, living within the area now served by the school 

as recommended by the HEW plan. 

(b) The Madison-Ridgeland Attendance Center will 

serve grades 1 through 12 and will be attended by 

all students in these grades, regardless of race, 

living East of the Illinois Central Railroad right of 

way. 

(c) The Rosa Scott Attendance Center will serve 

grades 1 through 12 and will be attended by all stu- 

dents in these grades, regardless of race, living 

West of the Illinois Central Railroad right of way. 

That part of Supervisor's District No. 2 and 3 lying 

   



  

within the County School District, in which the Flora and East 

Flora Attendance Centers are located is hereby designated as 

Zone III, and students are hereby assigned as follows: 

(2) The Flora Attendance Center will serve grades 

1 through 12 and will be attended by all students in 

these grades, regardless of race, living West and 

South of the Kearney Park Road. 

(b) The East Flora Attendance Center will serve 

grades 1 through 12 and will be attended by all stu- 

dents in these grades, regardless of race, living 

East and North of the Kearney Park Road. 

B. FACULTY AND STAFF ASSIGNMENTS 

Staff and faculty assignments shall be based strictly on the 

qualifications of the applicant to discharge the duties of the position 

involved and shall in no way be discriminatory or related to race. 

Assignments will be made, in so far as practical so that the faculty 

and staff will not be identifiable as tailored for a student body the 

racial composition of which is heavily Negro or white. Faculty and 

staff assignments for the year 1969-70 shall be made, in so far as 

practical, to achieve a ratio of at least one staff or faculty member 

of the minority race to eight staff or faculty members of the majority 

race in each attendance center. 

That in order to insure full and complete faculty and staff 

desegregation in compliance with constitutional standards and 

Federal Court decisions, for the school year 1970-71, the appellees 

  

  

   



    
will obtain the advice, counsel and recommendations of the 

South Mississippi In-Service Consulting Center as suggested 

by the HEW plan (See Page 16). 

  

The appellees will not deviate from this plan except 

when it is necessary to do so in order to insure that all staff 

and faculty positions in each attendance center, and in the school ' 

district are filled by qualified personnel. In determining the | 

qualifications of staff and faculty members or applicants there- 

for, race shall not be a factor. 

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In the event that the implementation of this results in the 

dismissal, reduction, demotion or reassignment of any staff or 

faculty member, the same shall be made on non-racial, non- 

discriminatory basis. 

C, SCHOOL ACTIVITIES 

All school activities shall be conducted on a non-racial, 4 

non-discriminatory basis and all eligible students shall be en-   
couraged to participate. 

D. TRANSPORTATION 

The transportation system shall be completely re-examined 

regularly by the superintendent, his staff, and the school board, 

Bus routes and the assignment of students to buses will be designed 

to insure the transporiation of all eligible pupils on a non-segregated 

and otherwise non-discriminatory basis. 

 



  

E. SCHOOL CONSTRUCTION AND SITE SELECTION 

All school construction, school consolidation, and site 

selection (including the location of any temporary classrooms) 

in this system shall be done in a manner which will prevent the 

recurrence of the dual school structure once this desegregation 

plan is implemented. 

F. MAJORITY TO MINORITY TRANSFER POLICY 

Whenever there shall exist schools containing a majority 

of Negro students, this school district shall permit a student 

(Negro or white) attending a school in which his race is in the 

majority to choose to attend another school where space is a- 

vailable, and where his race is in the minority. 

G. PLAN IMPLEMENTATIONS 

1. Community Relations 

(a) The Superintendent and Board of Education shall 

frankly and fully inform all citizens of the community 

about the legal requirements for school desegregation 

and their plans for complying with these legal require- 

ments. 

(b) The Board of Education shall issue a public state- 

. ment clearly setting forth its intention to abide by the 

law and comply with orders of the Court in an effective 

and educationally responsible manner. 

 



  

(c) School officials shall seek and encourage sup- 

port and understanding of the press and community 

organizations representing both races.   
(d) The Board of Education shall establish a bi- 

racial advisory committee to advise the Board of 

Education and its staff throughout the implementation 

of the desegregation plan. Such committee should 

seek to open up community understanding and com- 

munication, to assist the Board in interpreting legal 

and education requirements to the public. 

(e) The Superintendent shall actively seek greater 

involvement of parents of both races through school 

meetings, newsletters, an active and bi-racial P. 

T.A., class meetings, parent conferences and through 

home visits by school personnel. 

(f) The Superintendent and Board of Education shall 

regularly report to the community on progress in 

implementing the desegregation plan. 

2. School Personnel 

(a) The Superintendent shall provide all personnel 

copies of the desegregation plan and arrange for meet- 

. ings where the personnel will have an opportunity to 

hear it explained. 

(b) The Board of Education shall issue a policy state- 

ment setting forth in clear terms the procedures it  



  

will follow in reassignment of the personnel. 

(c) Assignments of staff for the school year 

should be made as quickly as possible with appro- 

priate followings by school principals to assure 

both welcome and support for personnel new to each 

school. Invitations to visit school before the new 

school year begins should be offered. 

(d) The Superintendent shall see that a special 

orientation program is planned and carried out 

for both the professional and non-professional 

staffs (including bus drivers, cafeteria workers, 

secretaries and custodians) preparatory to the new 

school year. He should make every effort to familiar- 

ize new and reassigned staff with facilities, services, 

and building policies, and prepare them to carry out 

their important role in a constructive manner. The 

Superintendent should direct each principal to see 

that each teacher new to a school is assigned for help 

and guidance to a teacher previously assigned to that 

school. Each such pair of teachers should have an 

opportunity to meet bef ore the school year actually 

begins. 

(e) The Superintendent shall arrange an in-service 

training program during the school year to assist 

personnel in resolving difficulties and improving in- 

struction throughout the implementation period. Help 

  

  i at 

 



  

in doing this is available from the South Mississippi 

In-Service Consulting Center at Hattiesburg, Mis- 

sissippi. 

(f) It is important that, through personal observations, 

students see that nonprofessional service positions in 

their schools are not for members of one race and that 

harmonious working relationships can exist between 

members of both races. The Superintendent and Board 

of Education shall therefore take all necessary steps 

to assure that all siaflis are bhi-racial. 

Instructional Program 

(a) Each principal shall be required to appoint bi- 

racial faculty committees to study and, as necessary, 

revise each area of the curriculum to assure better 

learning opportunities for all students. This shall 

become a continuous activity in each school and 

throughout the district. 

(b) Student evaluation policies and procedures shall 

be reviewed continuously for areas in need of improve- 

ment and adjustment to encourage the educational 

growth and motivation of students. 

(c) Remedial programs in reading and mathematics 

skills, as appropriate, shall be introduced and/or 

expanded for all students in need of special help. Such 

a program shall supplement regular course offerings 

 



  

and assignments of students. 

(d) Grouping procedures shall bé reviewed and 

revised as necessary to assure they support the 

spirit as well as letter of desegregation. 

(e) Participation in extracurricular activities by 

students of both races shall be actively encouraged 

by administrators and teachers as a means for de- 

veloping school spirit and a feeling of belonging. 

(f) Seéhool organizations - student government, 

cheerleaders, musical organizations, athletic teams 

must be operated on a non-discriminatory basis. 

(g) Guidance counseldrs shall be oriented and 

urged to plan a leading role in successful implemen- 

tation of the desegregation plan. 

(h) The curriculum shall be reviewed and, as neces- 

sary, revised to provide recognition of Negro history, 

culture and contributions to our society. Library books 

which deal with such subjects should be added to school 

book collections. 

(i) Vocational education offerings shall be reviewed 

and improved as a means of providing students of both 

races with education relevant to vocational interest and 

as a means of reducing dropouts. 

(3) Headstart of similar preschool programs for children 

of both races shall be implemented. 

 



  

(k) Use of federal and State education funds shall 

be planned comprehensively for maximum educa- 

tional benefit to all eligible children. 

Students 

(a) The Superintendent shall direct each principal 

to hold special orientation programs welcoming 

students who will be new to a school, before the 

regular school year begins. 

(b) The Superintendent shall require each principal 

to see that students are frankly and fully informed 

about the desegregation plan and their responsibilities 

to help cerry it out. . Each principal shall seek to 

establish rapport and communication links with new 

students to encourage mutual understanding and con- 

fidence. 

(c) The Superintendent shall direct each principal 

to establish a student-faculty human relations com- 

mittee representing both races to aid in the successful 

implementation of desegregation. 

(d) All school staff and members of the student body 

should exert extra effort to assure the full participation 

of all students of both races in extra-curricular pro- 

grams. 

(e) Each principal should request teachers to make 

 



  

themselves available to students outside of regular 

class for counseling and extra instructional help. 

H, NOTICE OF PLAN 

The plan shall be conspicuously published for three conse- 

cutive weeks in a newspaper having general circulation in the 

school district during the month of and in the 

month of in each subsequent year, and shall be an- 

nounced over the local radio and television stations. In addition, 

copies of the plan shall be conspicuously posted at each attend- 

ance center and copies shall be available at the office of the prin- 

cipal at each attendance center and at the office of the Superintendent 

of Schools. 

2. The enterance of the order shall in no way prejudice 

the rights of the appellees for a petition for rehearing in the 

Supreme Court of the United States of America or for a petition 

of Certiorari thereto from any order heretofore made herein by 

this Court, and shall not in any way preclude any appellate rights 

of the appellees. 

3. The appellees shall place this order in force effective 

  

ORDERED AND ADJUDGED on this the day of 
  

+ 1969. 
  

  

UNITED STATES CIRCUIT JUDGE 

  

UNITED STATES CIRCUIT JUDGE 

  

UNITED STATES CIRCUIT JUDGE 

 



  

   

CERTIFICATE OF SERVICE 
  

I, R. 1.. Goza, do hereby certify that I have this day 

served a copy of the foregoing motion on the following attorneys 

of record for the plaintiffs at the addresses stated. 

Honorable Robert E., Hauberg 

United States Aftorney 

PO Box 2021 

Jackson, Mississippi 

Honorable Jack Greenberg 

Honorable James M Nabrit, III 

Honorable Norman C. Amaker 

Honorable Norman J. Chachkin 

10 Columbus Circle 

New York, New York 10019 

Honorable Melvyn R. Leventhal 

Honorable Reuben Anderson 

Honorable Fred 1.. Banks, Jr. 

538 1 N. Farish Street 
Jackson, Mississippi 

This the 4th day of November, 1969. 

islets Dm   

GOZA