Stell v. Savannah-Chatham County Board of Education Supplemental Brief for Appellants

    9

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IN THE
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 
NO. 23,724

RALPH STELL, a minor, by L . S. STELL, JR., 
his father and next friend, et al., 

and UNITED STATES OF AMERICA,
Appellants,

v.
BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH 

AND THE COUNTY OF CHATHAM, et al..
Appellees,

LAWRENCE ROBERTS, et al..
Appellees-Intervanors.

BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH 
AND THE COUNTY OF CHATHAM, et al..

Appellants,
v.

RALPH STELL, a minor, by L. S. STELL, JR., 
his father and next friend, et al., 

and UNITED STATES OF AMERICA,
Appellees.

APPEALS FROM THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA

SUPPLEMENTAL BRIEF FOR APPELLANTS RALPH STELL. ET AL.
JACK GREENBERG 
JAMES M. NABRIT, III 
CHARLES STEPHEN RALSTON 

10 Columbus Circle 
New York, New York 10019

E. H. GADSDEN
458 1/2 W. Broad Street 
Savannah, Georgia

Attorneys for Appellants 
Ralph Stell, et al.



* «

IN THE
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 
No. 23,724

RALPH STELL, a minor, by L. S. STELL, JR., 
his father and next friend, et al., 

and UNITED STATES OF AMERICA,
Appellants,

v.
BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH 

AND THE COUNTY OF CHATHAM, et al..
Appellees,

LAWRENCE ROBERTS, et al.,
Appellees-Intervenors,

BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH 
AND THE COUNTY OF CHATHAM, et al..

Appellants,
v.

RALPH STELL, a minor, by L. S. STELL, JR., his father and next friend, et al., 
and UNITED STATES OF AMERICA,

Appellees.

APPEALS FROM THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF GEORGIA

SUPPLEMENTAL BRIEF FOR APPELLANTS RALPH STELL. ET AL.

Introduction

Pursuant to the request of the Court at oral argument, 
appellants Ralph Stell, et al. present this supplemental brief 
setting forth its position with regard to the plan for desegregation



for the Board of Public Education for the City of Savannah and 
County of Chatham proposed by the School Board at oral argument.

Preliminarily, it should be pointed out that the majority 
of the sections of the proposed plan of the School Board comply 
to the letter with the decree set out by this Court in its en 
banc decision in the United States of America, et al. v. Jefferson
County, et al.. ___F.2d ____ (1967). Appellants, of course,
agree that the unchanged sections should be entered.

The following sections have been altered by the School
Board:

I. Speed of Desegregation
II. (a) Who May Exercise Choice

(b) Annual Exercise of Choice
(c) Choice Period
(f) Mailing of Explanatory Letters 

Choice Forms
(j) Choices Not on Official Forms
(k) Choice Forms Binding

IV. (a) Transfers for Special Needs
VI. (b) Remedial Programs

VIII. (d) Faculty Employment
This brief will first discuss those sections that have been 

changed with which appellants have no objections and, secondly, 
will discuss those changed sections with which we do have objections. 
We will propose an alternative section to each of the ones to which 
we have an objection. In addition, the brief will set out a 
complete proposed decree.

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I
Changed Sections not Objected to

A. 11(b)
In this Court's proposed decree, Section 11(b) —  Annual 

Exercise of Choice —  reads as follows: "All students, both white
and Negro, shall be required to exercise a free choice of schools 
annually." The School Board's proposal omits the language "both 
white and Negro," so as to read only "all students shall be 
required to exercise a free choice of schools annually." Appellants 
have no objections to this change.

B. 11(c)
The School Board, for administrative reasons, has changed 

the choice period to encompass the month of February rather than 
the month of March as in the Jefferson County decree. Appellants 
have no objections to this change.

C. IV (a)
The School Board has proposed a modification of provision 

iy(a) dealing with transfers. They have stricken the original 
section IV(a) from the Jefferson County decree on the grounds that 
since all grades are now desegregated in the Savannah-Chatham school 
district the provision is no longer needed. Appellants have no 
objection to the striking of this section. The School Board has 
also modified section IV(b) in the Jefferson plan, which becomes 
IV(a) in the School Board's proposed plan, to omit the language

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II The effect of"at the beginning of any school term or semester, 
this modification is to liberalize the provision of the Jefferson 
County decree so as to allow transfers during the course of the 
school term if a course of study becomes available during the term. 
Appellants have no objection to the modification.

II
CHANGES TO WHICH APPELLANTS OBJECT

A. I.
The School Board has modified considerably paragraph I 

of the Jefferson County decree dealing with speed of desegregation. 
Some modifications appellants have no objections to since they 
relate to the fact that all grades are already covered by the 
desegregation plan now in effect.

Appellants do have questions, however, concerning the atten­
dance areas that the School Board has set up and under which it 
is operating its freedom-of-choice plan. This is one of the 
questions, as indicated in appellants' original brief in this 
Court, that we feel it necessary to have a full hearing in the 
district court in order to develop evidence concerning the effect 
of the existing attendance zones on the adequacy of the desegre­
gation plan.

For this reason, appellants object particularly to the 
language proposed by the School Board which indicates that it is 
already actually using attendance areas that operate on a dis­
criminatory basis. As argued in our original brief, appellants 
urge that this Court adopt a general provision as a governing rule

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concerning attendance areas that is modeled on the guidelines for 
school desegregation of the Department of Health, Education and 
Welfare, Section 181.32 (see appellants' Brief, p. 19). This 
would establish a general policy concerning the adequacy of 
attendance areas and would allow the parties to litigate further 
the question of the adequacy of existing attendance areas to 
comply with that policy.

Appellants also object to the language proposed that states 
as a fact that faculty and staff have been desegregated fully for 
the present school term and that "segregation, as such, does not 
now exist in its system."

Therefore, appellants propose the following as paragraph I 
of the desegregation plan:

I. Speed of Desegregation
As to students, the Board of Public Education 

for the City of Savannah and the County of Chatham has 
been in the process of desegregating its system under 
judgments of the Fifth circuit Court of Appeals since 
September, 1962, having desegregated all grades in its 
system commencing with the school year 1966-67; and 
as to faculty and administrative staff, in part for 
the school years 1966-67 and 1967-68. Its desegre­
gation plan has been based largely upon a freedom- 
of-choice plan and it intends to continue with 
such plan for the school years 1968, 1969 and 
thereafter, providing desegregation can be legally

5



accomplished by this plan; if not, then any of the 
parties in this action may seek court approval of 
a plan which will accomplish such objective. The 
School Board is presently using attendance areas in 
each of which at least two schools will be located.
No school will be located in more than one attendance 
area. Free choice is offered at all schools within 
each attendance area. Attendance areas established 
by the School Board may be approved upon a showing 
that they will most expeditiously eliminate segre­
gation and all other form of discrimination.

B. 11(a)
The School Board has proposed a modification of section

11(a) dealing with who may exercise choice. It provides that:
A student and the parent or other adult 
person then serving as his parent shall 
jointly exercise a choice for the ninth 
or higher grade, or where the student 
has reached the age of fifteen at the 
time of the exercise of the choice; if the parent or other adult person serving 
as his parent and the student do not agree 
to the school chosen, then the decision of 
the former shall prevail.

Appellants feel that the requirement that both the parent and the 
child sign the choice form may act as an added burden to the free 
exercise of choice; therefore, they would urge that the provision 
set forth in the Jefferson County decree as II(a) be retained 
for this school district. Such a section will adequately protect 
the ultimate right of a parent to choose his child's school.

6



C. 11(f)
The School Board has proposed a modification of section 

II(f) dealing with the mailing of explanatory letters and choice 
forms so as to allow as an alternative the delivery of letters and 
choice forms to the students in the school system. The appellants 
have no objection to such an alternative method so long as it 
in fact does result in a choice form reaching every parent in 
the school system and choices being made by all students.

Therefore, they would suggest the approval of the 
School Board's proposed section 11(f), with the deletion of the 
final sentence, _i.e., "the forms now being used by the Board and 
the method employed for handling choices is affirmed and approved 
as in compliance with (2) hereof." The deletion of this sentence 
would allow appellants or the United States to go into court to 
investigate the adequacy of the delivery of choice forms if they 
feel that this is an issue.

D. II (j)
The School Board has suggested an alternative section 

dealing with choices not on official forms. Appellants appreciate 
the School Board's concern that sufficient information be on any 
choice form they receive. However, we also feel that the required 
information be kept to a minimum so as to make it as easy as 
possible to exercise a choice. Therefore, appellants propose 
the following:

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II (j) Choices Not on Official Form
The exercise of choice may also be made by 

the submission in like manner of any other writing 
which contains the name of the student, his residence, 
the school chosen, and is signed as heretofore 
required in this plan.

E. II (k)
The School Board has proposed a modification of section

II(k) dealing with choice forms being binding. The modification 
consists of a deletion of the language in the Jefferson County 
section II(k) referring to the change of choices by parents 
making different choices from their children under the provision 
of paragraph 11(a) of the decree. Since appellants urge the 
retention of section 11(a) in the language of the Jefferson County 
decree, they also urge the retention of the language of II(k) 
of that decree.

F .  -jEVfd)

The School Eoard has proposed an alteration of section
IV (d) of the Jefferson County decree dealing with remedial pro­
grams. Appellants urge that the provision as set forth in the 
Jefferson County decree be retained so that the obligation on the 
School Board will be clear.

G. VIII(a)
The School Board has modified section VIII(a) of the 

Jefferson County decree dealing with faculty employment. The

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aetGO



modification consists of changing the sentence in the decree 
beginning with "defendants shall take positive and affirmative 
steps...etc." In its place they have substituted a sentence 
stating that "the Board has taken positive and affirmative steps 
...etc." Appellants are not satisfied that this statement is 
supported by the facts since it is their understanding that 
affirmative assignment of teachers has not been undertaken by the 
School Board as yet. Therefore, appellants desire the retention 
of the language of the Jefferson County decree.

CONCLUSION

Again, appellants urge upon the Court the necessity, given 
the history of this litigation, of its directing the court below 
to enter a specific plan. We believe that the proposed decree 
that follows is appropriate and, as indicated above, will allow 
the parties to litigate those issues concerning the plan about 
which there may remain questions.

PROPOSED DECREE 

I
SPEED OF DESEGREGATION

As to students, the Board of Public Education for the 
City of Savannah and the County of Chatham has been in the process 
of desegregating its system under judgments of the Fifth Circuit 
Court of Appeals since September, 1962, having desegregated all

9



grades in its system commencing with the school year 1966-67; 
and as to faculty and administrative staff, in part for the school 
years 1966-67 and 1967-68. Its desegregation plan has been based 
largely upon a freedom-of—choice plan and it intends to continue 
with such plan for the school years 1968, 1969 and thereafter, 
providing desegregation can be legally accomplished by this plan; 
if not, then any of the parties in this action may seek court 
approval of a plan which will accomplish such objective. The 
School Board is presently using attendance areas in each of which 
at least two schools will be located. No school will be located 
in more than one attendance area. Free choice is offered at 
all schools within each attendance area. Attendance areas estab­
lished by the School Board may be approved upon a showing that 
they will most expeditiously eliminate segregation and all other 
form of discrimination.

II
EXERCISE OF CHOICE

The following provisions shall apply to all grades:
(a) Who May Exercise Choice. A choice of schools may be 

exercised by a parent or other adult person serving as the 
student's parent. A student may exercise his own choice if he
(1) is exercising a choice for the ninth or a higher grade, or
(2) has reached the age of fifteen at the time of the exercise 
of choice. Such a choice by a student is controlling unless a 
different choice is exercised for him by his parent or other 
adult person serving as his parent during the choice period or

10



at such later time as the student exercises a choice. Each 
reference in this decree to a student's exercising a choice means 
the exercise of the choice, as appropriate, by a parent or such 
other adult, or by the student himself.

(b) Annual Exercise of Choice. All students shall be require 
to exercise a free choice of schools cinnually.

(c) Choice Period. The period for exercising choice shall 
commence February 1, 1968 and end with the last day of February, 
1968, and in subsequent years shall be the entire month of 
February preceding the school year for which the choice is to be 
exercised. No student or prospective student who exercises his 
choice within the choice period shall be given any preference 
because of the time within the period when such choice was exer­
cised.

(d) Mandatory Exez'cise of Choice. A failure to exercise 
a choice within the choice period shall not preclude any student 
from exercising a choice at any time before he commences school 
for the year with respect to which the choice applies, but such 
choice may be subordinated to the choices of students who exer­
cised choice before the expiration of the choice period. Any 
student who has not exercised his choice of school within a week 
after school opens shall be assigned to the school nearest his 
home where space is available under standards for determining 
available space which shall be applie d uniformly throughout the 
system.

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(e) Public Notice. On or within a week before the date
the choice period opens, the defendants shall arrange for the 
conspicuous publication of a notice describing the provisions of 
this decree in the newspaper most generally circulated in the 
community. The text of the notice shall be substantially similar 
to the text of the explanatory letter sent home to parents. 
Publication as a legal notice will not be sufficient. Copies 
of this notice must also be given at that time to all radio and 
television stations located in the community. Copies of this 
decree shall be posted in each school in the school system and at 
the office of the Superintendent of Education.

(f) Mailing or Personal Delivery of Explanatory Letters 
and Choice Forms. On the first day of the choice period one of 
two methods may be employed in notifying parents or other adult 
persons serving as parents, (1) distributing by first-class mail 
an explanatory letter and a choice form to the parent (or other 
adult person acting as parent, if known to the Board) of each 
student, together with a return envelope addressed to the 
Superintendent, or (2) by delivering such explanatory letters and 
choice forms to the student with adequate procedures to insure the 
delivery of the notice and the exercise and return of the signed 
choice form.

(g) Extra Copies of the Explanatory Letter and Choice Form. 
Extra copies of the explanatory letter and choice form shall be 
freely available to parents, students, prospective students, and 
the general public at each school in the system and at the office 
of the Superintendent of Education during the times of the year 
when such schools are usually open.

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(h) Content of Choice Form. Each choice form shall set 
forth the name and location and the grades offered at each school 
and may require of the person exercising the choice the name, 
address, age of student, school and grade currently or most 
recently attended by the student, the school chosen, the signature 
of one parent or other adult person serving as parent, or where 
appropriate the signature of the student, and the identity of the 
person signing. No statement of reasons for a particular choice, 
or any other information, or any witness or other authentication, 
may be required or requested, without approval of the Court.

(i) Return of Choice Form. At the option of the person 
completing the choice form, the choice may be returned by mail, 
in person, or by messenger, to, (1) the school the student is 
then attending, (2) the school chosen by the student, or, if not 
convenient, then (3) to any other school in the system, or (4) 
to the office of the Superintendent.

(j) Choices Not on Official Form. The exercise of choice 
may also be made by the submission in like manner of any other 
writing which contains the name of the student, his residence, 
the school chosen, and is signed as heretofore required in this 
Plan.

(k) Choice Forms Binding. When a choice form has once 
been submitted and the choice period has expired, the choice is 
binding for the entire school year and may not be changed except 
in cases of parents making different choices from their children 
under the conditions set forth in paragraph II(a) of this decree

13



and in exceptional cases Where, absent the consideration of race, 
a change is educationally called for or where compelling hardship 
is shown by the student. A change in family residence from one 
neighborhood to another shall be considered an exceptional case 
for purposes of this paragraph.

(l) Preference in Assignment. In assigning students to 
schools, no preferences shall be given to any student for prior 
attendance at a school and, except with the approval of Court in 
extraordinary circumstances, no choice shall be denied for any 
reason other than overcrowding. In case of overcrowding at any 
school, preference shall be given on the basis of the proximity 
of the school to the homes of the students choosing it, without 
regard to race or color. Standards for determining overcrowding 
shall be applied uniformly throughout the system.

(m) Second Choice Where First Choice is Denied. Any 
student whose choice is denied must be promptly notified in writing 
and given his choice of any school in his attendance area serving 
his grade level where space is available. The student shall
have seven days from the receipt of notice of a denial of first 
choice in which to exercise a second choice.

(n) Transportat ion. Where transportation is generally 
provided, buses must be routed to the maximum extent feasible 
in light of the geographic distribution of students, so as to 
serve each student choosing any school in the system. Every 
student choosing either the formerly white or the formerly Negro 
school nearest his residence must be transported to the school

14



to which he is assigned under these provisions, whether or not 
it is his first choice, if that school is sufficiently distant 
from his home to make him eligible for transportation under gener­
ally applicable transportation rules.

(o) Officials Not to Influence Choice. At no time shall 
any official, teacher, or employee of the school system influence 
any parent, or other adult person serving as a parent, or any 
student, in the exercise of a choice or favor or penalize any 
person because of a choice made. If the defendant school board 
employs professional guidance counselors, such persons shall 
base their guidance and counselling on the individual student's 
particular personal, academic, and vocational needs. Such guidance 
and counselling by teachers as well as professional guidance coun­
sellors shall be available to all students without regard to race 
or color.

(p) Protection of Persons Exercising Choice. Within their 
authority school officials are responsible for the protection of 
persons exercising rights under or otherwise affected by this 
decree. They shall, without delay, take appropriate action with 
regard to any student or staff member who interferes with the 
successful operation of the plan. Such interference shall include 
harassment, intimidation, threats, hostile words or acts, and 
similar behavior. The school board shall not publish, allow, or 
cause to be published, the names or addresses of pupils exercising 
rights or otherwise affected by this decree. If officials of the 
school system are not able to provide sufficient protection, they

15



shall seek whatever assistance is necessary from other appropriate 
officials.

Ill
PROSPECTIVE STUDENTS

Each prospective new student shall be required to exercise 
a choice of schools before or at the time of enrollment. All such 
students known to defendants shall be furnished a copy of the 
prescribed letter to parents, and choice form, by mail or in person, 
on the date the choice period opens or as soon thereafter as the 
school system learns that he plans to enroll. Where there is no 
pre-registration procedure for newly entering students, copies of 
the choice forms shall be available at the Office of the 
Superintendent and at each school during the time the school is 
usually open.

IV
TRANSFERS

(a) Transfers for Special Needs. Any student who requires 
a course of study not offered at the school to which he has been 
assigned may be permitted, upon his written application, to 
transfer to another school which offers courses for his special 
needs.

(b) Transfers to Special Classes or Schools. If the 
defendants operate and maintain special classes or schools for 
physically handicapped, mentally retarded, or gifted children, the

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defendants may assign children to such schools or classes on a 
basis related to the function of the special class or school that 
is other than freedom of choice. In no event shall such assign­
ments be made on the basis of race or color or in a manner which 
tends to perpetuate a dual school system based on race or color.

V
SERVICES. FACILITIES. ACTIVITIES AND PROGRAMS

No student shall be segregated or discriminated against on 
account of race or color in any service, facility, activity, or 
program (including transportation, athletics, or other extra­
curricular activity) that may be conducted or sponsored by the 
school in which he is enrolled. A student attending school for the 
first time on a desegregated basis may not be subject to any dis­
qualification or waiting period for participation in activities 
and programs, including athletics, which might otherwise apply 
because he is a transfer or newly assigned student except that such 
transferees shall be subject to long-standing, non-racially based 
rules of city, county, or state athletic associations dealing with 
the eligibility of transfer students for athletic contests. All 
school use or school—sponsored use of athletic fields, meeting 
rooms, and all other school related services, facilities, activities, 
and programs such as commencement exercises and parent—teacher 
meetings which are open to persons other than enrolled students, 
shall be open to all persons without regard to race or color. All 
special educational programs conducted by the defendants shall be 
conducted without regard to race or color.

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VI
SCHOOL EQUALIZATION

(a) Inferior Schools. In schools heretofore maintained for 
Negro students, the defendants shall take prompt steps necessary 
to provide physical facilities, equipment, courses of instruction, 
and instructional materials of quality equal to that provided in 
schools previously maintained for white students. Conditions
of overcrowding, as determined by pupil-teacher ratios and pupil- 
classroom ratios shall, to the extent feasible, be distributed evenl 
between schools formerly maintained for Negro students and those 
formerly maintained for white students. If for any reason it is 
not feasible to improve sufficiently any school formerly main­
tained for Negro students, where such improvement would otherwise 
be required by this paragraph, such school shall be closed as 
soon as possible, and students enrolled in the school shall be 
reassigned on the basis of freedom of choice. By October of 
each year, defendants shall report to the Clerk of the Court pupil- 
teacher ratios, pupil-classroom ratios, and per-pupil expenditures 
both as to operating and capital improvement costs, and shall 
outline the steps to be taken and the time within which they shall 
accomplish the equalization of such schools.

(b) Remedial Programs. The defendants shall provide 
remedial education programs which permit students attending or 
who have previously attended segregated schools to overcome past 
inadequacies in their education.

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VII
NEW CONSTRUCTION

The defendants, to the extent consistent with the proper 
operation of the school system as a whole, shall locate any new 
school and substantially expand any existing schools with the 
objective of eradicating the vestiges of the dual system.

VIII
FACULTY AND STAFF

(a) Faculty Employment. Race or color shall not be a factor 
in the hiring, assignment, reassignment, promotion, demotion, or 
dismissal of teachers and other professional staff members, in­
cluding student teachers, except that race may be taken into 
account for the purpose of counteracting or correcting the effect 
of the segregated assignment of faculty and staff in the dual 
system. Teachers, principals, and staff members shall be assigned 
to schools so that the faculty and staff is not composed exclusively 
of members of one race. Wherever possible, teachers shall be 
assigned so that more than one teacher of the minority race (white 
or Negro) shall be on a desegregated faculty. Defendants shall 
take positive and affirmative steps to accomplish the desegregation 
of their school faculties and to achieve substantial desegregation 
of faculties in as many of the schools as possible for the 1967-68 
school year notwithstanding that teacher contracts for the 1967-68 
or 1968-69 school years may have already been signed and approved. 
The tenure of teachers in the system shall not be used as an excuse

19



for failure to comply with this provision. The defendants shall 
establish as an objective that the pattern of teacher assignment 
to any particular school not be identifiable as tailored for a 
heavy concentration of either Negro or white pupils in the school.

(b) Dismissals. Teachers and other professional staff 
members may not be discriminatorily assigned, dismissed, demoted, 
or passed over for retention, promotion, or rehiring, on the ground 
of race or color. In any instance where one or more teachers or 
other professional staff members are to be displaced as a result
of desegregation, no staff vacancy in the school system shall be 
filled through recruitment from outside the system unless no such 
displaced staff member is qualified to fill the vacancy. If, as 
a result of desegregation, there is to be a reduction in the total 
professional staff of the school system, the qualifications of 
all staff members in the system shall be evaluated in selecting 
the staff member to be released without consideration of race or 
color. A report containing any such proposed dismissals, and the 
reasons therefor, shall be filed with the Clerk of the Court, 
serving copies upon opposing counsel, within five (5) days after 
such dismissal, demotion, etc., as proposed.

(c) Past Assignmentr-. The defendants shall take steps to 
assign and reassign teachers and other professional staff members 
to eliminate the effects of the dual school system.

V-  20



IX
REPORTS TO THE COURT

(a) Report on Choice Period. The defendants shall serve 
upon the opposing parties and file with the Clerk of the Court on 
or before June 1, 1968, and in each subsequent year on or before 
June 1, a report tabulating by race the number of choice appli­
cations and transfer applications received for enrollment in each 
grade in each school in the system, and the number of choices and 
transfers granted and the number of denials in each grade of each 
school. The report shall also state any reasons relied upon in 
denying choice and shall tabulate, by school and by race of student, 
the number of choices and transfers denied for each such reason.

In addition, the report shall show the percentage of pupils 
actually transferred or assigned from segregated grades or to 
schools attended predominantly by pupils of a race other than the 
race of the applicant, for attendance during the 1967-68 school 
year, with comparable data for the 1966-67 school year. Such 
additional information shall be included in the report served upon 
opposing counsel and filed with the Clerk of the Court.

(b) Report After School Opening. The defendants shall, 
in addition to reports elsewhere described, serve upon opposing 
counsel and file with the Clerk of the Court within 15 days after 
the opening of schools for the fall semester of each year, a 
report setting forth the following information:

(i) The name, address, grade, school of choice and school 
of present attendance of each student who has withdrawn or requested

21



withdrawal of his choice of school or who has transferred after 
the start of the school year, together with a description of any 
action taken by the defendants on his request and the reasons 
therefor.

(ii) The number of faculty vacancies, by school, that have 
occurred or been filled by the defendants since the order of this 
Court or the latest report submitted pursuant to this subparagraph. 
This report shall state the race of the teacher employed to fill 
each such vacancy and indicate whether such teacher is newly 
employed or was transferred from within the system. The tabulation 
of the number of transfers within the system shall indicate the 
schools from which and to which the transfers were made. The 
report shall also set forth the number of faculty members of each 
race assigned to each school for the current year.

(iii) The number of students by race, in each grade of each 
school.

Respectfully submitted,

JACK GREENBERG JAMES M. NABRIT, III 
CHARLES STEPHEN RALSTON 10 Columbus Circle 
New York, New York 10019

E. H. GADSDEN458% W. Broad Street 
Savannah, Georgia

Attorneys for Appellants 
Ralph Stell, et al.

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CERTIFICATE OF SERVICE

This is to certify that the undersigned, one of the attorneys 
for appellants, served a copy of the foregoing Supplemental Brief 
for Appellants upon Basil Morris, Esq., P.0. Box 396, Savannah, 
Georgia, and Honorable E. Freeman Leverett. Deputy Assistant 
Attorney General, State of Georgia, Elberton, Georgia, attorneys 
for appellees? R. Carter Pittman, Esq., P. 0. Box 891, Dalton, 
Georgia, and J. Walter Cowart, Esq., 504 American Building, 
Savannah, Georgia, attorneys for appellees-intervenors? and 
Brian K. Landsberg, Esq., Department of Justice, Washington, D.C., 
attorney for appellant United States of America, by mailing copies 
to them at the above addresses via the United States air mail, 
postage prepaid.

Done this 5th day of October, 1967.

Attorney for Appellants 
Ralph Stell, et al.