Richardson v The Housing Authority of the City of Bessemer Alabama Brief Appellant

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SWOR' od vl Wand = “ eye 5p -_ : 

WADSWORTH we. Ad 23 Fz 4° ROOM 408-400 ROYAL 81 
NEW ORLEANS, LA, 70130 

EDWARD W. 
CLERK 

oJ acks OF 

Nos. 28030 & 28042 - USA 
Coun CY eo et al 

EW OE E30 TED GND Gud GV E15 RO GHEY MEN SCT FUT UND WC INES TO FF) GD cnt wp FIN ee GE SN BED SUS MES Ge EER OND TIS SAE GNF SUR GM SOB 

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nl RTT en Cm mea ~Y 11 
7 UNITED STATI COUR Saad \ 

  

  

  

  

    

  

  

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NOS. 28030 & 28042 

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£11 
F I 

NITED STATES OF AMERICA, 

Plaintiff 

Ve 

HINDS COUNTY SCHOOL BOARD, ET AL., 

= 
Defendants 

UNITED STATES OF AMERICA, 

Plaint IEF 

Ve 

LAWRENCE COUNTY SCHOOL DIST FT AL., 

Defendants 

  

Appea from the United ates District Court For 

the outhern District 

  

  

( August 5 , 1970) 

Before BELL, THORNBERRY, and MORGAN, Circuit 

  

PER CURIAM: 

The findings of fact and recommendations of Honorabl 

Dan M. Russell, Jr., United States District Judge, entered in 

-* 3 J " OF Sa. ~ " T uy Vv Pe 2 ¥ wo Ju wp 0, Ta bs ThA RGR. fe FA J. VIR TREN ~ 

United States v. Lawrence County School District under date Of 
  

  

May 18, 1970 (attached and marked Appendix A), are adopted anc 

made the opinion and order of this court. 

 



  

  a 

(1) The original order in this matter is reported. J 

nited States v. Hinds County, 5 Cir.,   
" a ~y - y- La . La 8 A rT 1 pe -~ - oo ~ Ph TR Sy Pod 

1969, 423 F.24 1264. The order dated 

Ma jarch 30, 1970, requiring reports from 

each school district. and which is refer- 

red to in Judge Russell's findings, is at- 

tached hereto and marked Appe i 

  

Further attention is indicated with respect to the par- 

ticular objection as to the relationship between the bi-racial 

advisory committee to the school board and the school board. 

Judge Russell has implored the school board and the bi-racial 

committee to cooperate. Cooperation will more likely ensue if 

the subject matter of the activities of the bi-racial committee 

is spelled out. To this end, Judge Russell is directed to re- 

quire that the school board consult with the bi-racial commit- 

tee, in its advisory capacity, in the areas of the promulgation 

and maintenance of school zone lines, in the selection of sites 

for new schools, in student transfer and school transportation 

policies, together with such additional matters as may be as- 

signed to the bi-racial committee by the school board for con- 

sultation and advice. 

IT IS SO ORDERED. 

Uh, SI 

 



  

UNITED STATES COURT OF ADPPRALS 
FOR THE FIFTH CIRCULIT—— 

UNITED STATES OF AMERI PLAINTIFF 

VERSUS NOS. 23030 and 28042 

HINDS COUNTY SCHOOL BOARD, ET AL, DEFENDANTS 

UNITED STATES OF AMERICA, PLAINTIFF 

VERSUS DISTRICT COURT NO. 2216 (H) 

LAWRENCE COUNTY SCHOOL DISTRICT, ET AL, DEFENDANTS 

FINDINGS OF FACT AND RECGQMENDATICNS 
  

  

On November 7, 1969, in a per curlam decision, the 

Fifth Circuit Court of Appeals in consolidated Causes os. 28030 

and 28042 on the docket of that Court, involving 30 school systems 

in the Southern District of Migsisaippl, directed the lmmedlate 

enforcement, by moat of the respective school boards, of permanent 

student and faculty assignment plans as distinguished from interim 

plans, prepared by the Office of Education, Department of Health, 

Education and Welfare, in order to effectuate the conversion of 

these school systems to unitary systems. The Fifth Circult retain- 

“© 

ed jurisdiction for the purpose of mod 
$ 1fying or amending its order 

h | 

of November 7, 1969, and further provided a procedure whercby the 

h | 

plans, as adopted could be modified by the filing of suggested 

modifications with this District Court, not before llarch 1, 1970, 

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with directions to this Court to make findings of 

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referred to the Appellate Court for review, and that the susgested 
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modifications have an effective date of September 1970. 

With respect to the Lawrence County school case, No. 

6 (11) on the docket of this Court, the Appellate Court 

APPENDIX "A"     
 



  

  
    

« 

the enforcement of the NEW plan, and on November 26, 1969, approve 

ed certain modifications thereto. 

On January 7, 1970, the N.A.A.C.P. Legal and Educational 
1.7 

Defense Fund, Inc., filed a motion for supplemental relief 

addressed to the Appellate Court in effect charging that the 

Appellate Court had departed from its own order of November 7, 

1969, in amending the HEW plan in its order of November 26, 1969, 

and, by way of rellef, moving that the amended plan be tested in 

pn evidentlary hearing before this Court, that the burden of proof 

be upon the defendant schcool board to demonstrate that the 

Appellate Court's modifications were for education purposes only, 

and, in the absence of such a showing, that the HEW plan be ree 

instated. 

To this wotion the Appellate Court raponded by order 

of January 12, 1970, allowing the movants, as members of the 

black commmity, to intervene as parties plaintiff, providing 

that the modified plan approved by the Appellate Court be tested 

& 

in an evidentiary bearing before this Court in accordance with 

the procedures get cut in the Appellate Court's order of November 

7, 1969, notwithstending that the BOER was flled prior to 

March 1, 1970, and further placing the burden of proof upon the 

defendant school board to demonstrate that the plan, as mproved 
3 

by the Appellate Court, was devised for education purposes only. 

Puxguant to sald order this Court ordered an evidentiary 

hearing to be held at Hattlesburg, Micsigsippi, on April 20, 1970, 

Ba a ME IIAP   

1./ By order of November 25, 1969, the Appellate Court altiowoed 
the motion of this orgoniza Sign to participate as emicus curing 

se t— 

in this case and others wherein the Unlted States of Amoiric. 1a 
the named plaintiff. 

  

 



  

          

      
  

              

with notice to all parties. The defendant school board re sponded 

to plaintiff~-intervenors' motion, alleging affirmatively that the 

Laurence County schools had become totally desceoresated b 

of the modified HEW plan; that the modificaticns directed by the 

Appellate Court had been studied and approved by officials of HEW 

and the Department of Justice; that the three separate hich school 

- in the modified plen allow a broader base for student cetivities 

2 than if there were only one high school, and would require less 

transportation; and denied that McCullough, a formerly negro 

school, is the newest high school in the district and contains 

" > fo Ar YL ad ue Com r. 2 a the most modern equipment and facilities in the district. 

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!
 Plaintiff, U.S.A., responded to this motion as follows: 

"The desegregation plon presently employed by the 

defendant school district has effectively desegrerated the past 

dual aystem. The interest of the United States is satisfied when 

it has been shown that the school district has developed and 

implemented an adequate system," 

O. R. Cross and 216 others, describing themselves as 

parents and guardians of both white and black children in county- 

wide grades 9-12, filed with the Appellate Court a motion to 

intervene as defendants. This motion was denied by the Appellate 

Court's order of April 20, 1970, participation by these movanta 

being limited to filing a brief as amicus curiae. 

At the hearing the attorncy for plaintiff, U.S.A., 

re-announced its position, stating that the modified plan haa 

effectively integrated the Laurence County schools; that the 

U.S.A. is satisfied with eithor plan, but approves plaintiff~ 

Intexrvenors® insistence on the selection of a bi-racial conuittee. 

« 
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The permanent UW plan, 

follows: 

Beulch Willioms 

Silver Creck 

Topcka-Tilton® 

Fa’ 
zon New Heb 

  
  
  

  

  

tudents in the Montic Ca, 

for a total of 56 

WI 5) NOW AR BA 
Fa pa SS 

ai 
  

New Hebron fich 
      

in the New 

total of 503. 

TOPPRA-TILTON AREA 
  

Topeka-~T ile "ON Ich: 
          

o i by Schoolg Crodes Porm. ith Port, | aa a aa | aman EEE CRG TEA SEE DN a —— 

with 

Icbron Area, with 322 whites and 

Capacity 
nrg. vip. 

  

2 
Rr 42 

“ap oh, TE 
347 whit and 2 

181 blacks 

Grades 1-12, serv 

McCullouah HA 9-12 1170 523 136 659 
llonticelle Jr. 11 7-8 455 485 oan. 256.4004 
Monticello Llem. 1-6 805 875 572 320. 892 

Boulah Williams 10 6420 103 305 408 
a Creek 18 230 (Cloce) 

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75 214 

30 405 

120 361 
SARA Srp foe WIR PAPC 

29 blacks 

TOTALS 1842 1277 

“The HEY chart originally assigned grades 1-12 to both Topchaw 
Tilton and New Hebron schools, but was amended, before filing, to 
grades l-8 at each school. 

10 modifications by the Appellate Court are as follows 

MONTICELLO ARTA: 

Monticello High: "Grades 1012, serving oll studen: 

in the Monticello and Silver Creok Areas, with 235 whites end 227 

blacks for a total of 457. 

v «McCullough School: Grades 5-9, serving all studs 

in the Monticello Area, with 418 whites and 342 blacks for a total 

of 760. 

Monticello Flementary: Grades les, serving all 

oe Sh | ble wiry Oo 
ii A J LAAT ERR 

2 ons 
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students in the Topeka-Tilton Area, with 400 whites and 98 blacks 
[a 

for a total of 503. 

$ «a Beulah Willi Lems ~ Silver Creck: Thegao two schools a a ee EEE  ——— Ea   

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~ £ ’ 2 > 9 oo y fo fe gwd. ¥ Ff, PU h " . - % > tions of the assignment of the 9th grade from the above area left 

this grade assigned to McCullough, which asgignment is reflected 

in the following report. 

The April 15, 1970, report of the Lawrence County School 

Digtrict, on file with the Appellate Court, a copy having been 

3 3 KR ve fae ~ oF > - £ 3 "wo ay @ - vy he § nr -~ wy Cu wy uh gw 4 3 
admitted into evidence herein, chows the following student enrolle 

ments under the plan ag modified by the Appellate Court: f     vr} Fe nF 1. * \ a PPR Scheol crades mite Neero Total a a ae | a aaa aT. a, Seotamas # a rho OO ar STD 

LPR TY I . 1 ¢ yey ol Monticello Hizh 10-12 215 22 IJ 
MeCullough Schoc 9 381 333 
Monticello lementary 1-4 360 229 
New Hebron School 112 272 16% 
Topeka«Tiltoa School 1-12 388 92 
Beulah Williams School 1d 82 77 
Silver Creck School 5«8 60 115 175 

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TOTALS 1758 1235 2993 | 

Other matters reflected in the report ave that the 

transportation system is desegregated, that all facilities such   
_ - pe L4 pon > vo tt of a 3 0 J « Hf fa py “oy gn E{ «nN ~~, Vv 3 v 

a8 gymnasiums, auditoriums, and cafeterias are eine operated on 

; 4  (, £ fee ” -n %~ 3 ay - ~ ye 23a Rtas Tales 
a degsegregated basis; the school board has not sold nor chandoned | 

a Je
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 rT 

- NT £m A, oy °F wn evs 2 4 - ~ $n « Lemp yf te dF ope « any school fa Y, equipment or supplies having a total value 

of more than $500.00; and there 13 a bi-racial agvisory ccumittec 

The sun of plaintiff-intervenor objections to the | 

current plan is the allegation that the black commmity of Sa 

Lawrence County, reflected by the affidavits of four Individuals, 

two of whom are husband and wife, opposes the plan as modified by         
 



  

        

  

      

ac
re
 the Appellate Court and desires the reinstatement of tha EW 

plam; that the modified plan was not endorsed by the 

comunity nor by a bl-raciazl committee; that the modified plan 

3 4 
i 1a educationally unsound and dominated by raoclal discrininstion 

in that (a) tho modificd plan retains the New Hebron and Topeka- 

Tilton high schoola, formerly white, although HIW hed do 

to close them; (b) HEW had determined to establish McCullough 

an a county-wide high school for the reason that it 43 the ne ewest 

high school in the district with the largest capacit 

rodern equipment and facilities; and (ec) the modified plan thrusts 

the burden of new assignments upon the black students. 

The school board's position iz that the modified plan 

iz working as a successful unitary plan, approved by HEW and 

Department of Justice officials; that Monticello lligh School was 

more Tosently built than McCulleugh School and was built specifica 

ly as a high school with more modern facilities such as library, 

technical equipment and athletic facilities, with a lighted foote 

ball field which McCullough does not have; that the three separate 

high schools, provided for in the modified plan, are located so 

ag to sexve the entire county with far less t3 portation than if 

all high school students were assigned to one school; and that 

the three high schools offer a broader base for student participae 

tion in student activities than could be offered in one school. 

This Court is at a loss to understand why the school 

board is again put to the cupense end legal burden of showing that 

the appellate court's modifications are educationally scund vhen 

1t is presumed that the Appellate Court used this controlling 

standard in inltfally making the modifications and which modifica- 

tions are now shown to be supported by the board and 217 nroed   
 



  

  

parents, white ond block, of high school students, were \pproved 

by IEW and the Deportmont of Justice, and are objected to by only 

four named Intervenor plaintiffs. 

Tho defendant school board, in assuming its aasleoned 

burden of justifying cducationolly the. Appellate Court's modifica~- 

tions, elicited testimony from twelve witnesses, three white and 

four black being parents of students in the district; one witness 

being the president of the school board; and the four remaining 

witnesses being the superintendent of schools, and the princinzls 

of three high schools. 

Albert Michael, Bob Newsom, and Hollis Wilsen, parents 

of black students attending the New Hebron school, all indicated 

thelr preference of wanting their children to continue to attend 

2 " or a , 08 v Py { o T— B pes TO ll SB, SE New Hebron as a school offering quality e ducation, and as the     4 4 a ry ese ws gS Da K v i ees tre PS rer | Fh school nearest thelr homes and in a communit Ly where they are 

knovm. James Herron, black parent of five children attendix - C3
 

Ls 
4 Topeka~Tilton, one in high school, stated his preference for keep- & ? J J 

ing the high school open. His children formerly went to   IcCullough. As a former school bug driver, he testified that it 

took twa hours each way to transport his children to McCullou 

much further than to Topeka-Tilton. He added that one son in 

the eighth grade at Topeka-Tilton participates in track events, 

which he could not do at McCullough without forfeiting his 

transportation. The four white parents echoed their preference for 

the modified plan of prescrving three high schools. 

W. C. Sharp, president of the school be ard, teotified | 

that the board's policy 1s to effectuate the school plan as 

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directed by court orders and that the board has done so. That 

before the HIW plan, the county had seven schools, five for white: 

end two for blacks. That since tho Implementation of the modified 

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plan, all scven schools are now integrated in proportion to the 

white to black ratlo of the county-wide population with the gxceps 

tion of lMenticello High vhere the proportion 1s 50-50. That the 

faculties are proportionally assigned and that all traasportatior 
\ 

end school ectivities are carrled out on an integrated basis. le 

indicated that New lebron for fifty years, Topclka-Tilton for 

twenty-five years, and lMontlcello High for one hundred years had 

historically operated as high schools and were so equipped, each 

with lighted football fields, gymnasiums, science labratories 

and libraries. He strongly endorsed the nelghborhood concept of y 

each of these schools sexving its own commmity, and having its 

own principal and staff, with a consequently closer supervision 

over students and closer relationships between school officials 

and parents. He stated that all three high schools have bands 

and athletic progrems including foot ball, basketball and track 

with much greater participation by all students, white and black, 

than would exist in a single high school. He noted that the 

McCullough school did not have a lighted football field and, 

contrary to the contention of plaintiff-intervenors, was not as 

«s new a school as Monticello, nor as adaptable to high school grades. 

He stated that the quality of education at New Hebron and Topekae } 

E
s
 Tilton was equal to that of Monticello, that all three offered 

the same curricula, and that graduates were qually admissible to 

colleges and universities. He noted that the HEY assirnmont of 

all. high school grades to McCullough would have forced high 

school students to utilize equipment slzed for younger grades. 

As to transportation, having all high school students, countye-wido, | 

transported to McCullough, would greatly incrcase the cost of 

trangportation, complicate bus routes, and add 35 to 45 

minutes traveling time each day cach way for many students, with 

hy 

  
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many having to forepo participation in after-school athloet ico in yr -
 

order to have transportation. It would monn routine busses carlilc; 

to New Hebron and Topeka-Tilton, respectively, to off- 

rounger grade children, and then continuing on to MeCullovrh with 3 3 
LO {> 

the high school students arriviag at thelr school 35 to 45 

minutes later. 

Harold De ennd son, county superintendent, noted that the 

HEW assignment of 659 high school students in grades 2-12 to 

ticCullough was in error, as the actual enrollment in these grades 

wags 903, far too many for the high school portion of the building 

tr which can accommodate a maximum of 500, further that the HEN 

assignments to both Monticello schools over-taxed their respective 

capacities, an educationally unwise 1f not imossible assignnent, 

and that it was these errors which prompted the board to seek the 

approved modifications. He supported the board president's 

testimony that abolishing high school grades at Topeka-Tilton and 

New Hebron would add 335 to 40 minutes transportation time each 

way for these students and deprive them of after-school participa- 

tion in band and athletic programs. He noted particularly that 

community pride in each high school would be lost in the absence 

of high school programs and athletics in the respective 

communities. 

cach of the three present high schools   testified, expressing their opinions that retaining the three 

high schools offered a better program of quality education, offer- 

ed participation in school activities to more gt dents, contribute 

ed to a better and closer school community relationship as among 

teachers, students and parents, and that more black students 

participate in after school activities than 1f they were tronge 

ported to McCullough. 

 



      

- 

Plaintiff ~intexrvenors offered three witnesses, one a 

named plaintiff-intervenor » Who 18 a member of several local black 

organizations and the N.A.A.C.P., and tha other two Sotns 

respectively monbers of the faculties of New Hebron and Topcka- 

Tilton, and who, being defendants, were under subpoena. Plaintiff 

intervenor, Edgar Bridges, testified as the parent of eleven 

children who formerly attended McCullough, with two, under the 

present plan, now attending Mont onticello. He testified as to the 

facilities at McCullough and Monticello, sa aying that they were 

better and larger than at New Hebron and Topecka-Tilton. 

He noted critically that the science department at 

New Hebron was small with few chemicals visible, 

was in the library, and that the vocational shop, although well 

equipped, was small. He noted that at Topeka-Tilton there wa 

no vocational shop. On cross-examination he admitted that he had 

made only one visit to Topecka-T Tilton and New Hebron schools for 

an hour at each place on April 11, 1970. He conceded that the 

woman he remembered seeing in the library at New Hebron could 

have been a librarian, and that the size of the works] 

could have been 32' x 60° instead of the 10' x 18! he had 

estimated. e¢ further admitted that prior to January 1970, the 

longest bus route to McCullough was 37 miles, and he further 

admitted that he had consulted with the board a number of times 

- In regard to various proposed school lans, including agreement &O k J or IS   
with the board as to four high schools, a proposal made in July 

1969, but denied that he was consulted about the present plan. 

Upon learning of the present plan, his group submitted a plan 

to the board, from which there was no r sponse. The Court notes 

that this plan was not submitted until after the present 

10w 

 



      

was before tha Appellate Court. 

Swancy Drown, black classroom teacher and coach at 

gl on New Hebron, stated that black students from Topeka-Tilton and 

New Hebron who formerly went to McCullough did take part in the 

McCullough ectivities, but that for after-school athletic and 

band activities transportation was a problem. 

Willie Pearl Jones, black classroom teacher at Topckae 

Tilton, directing her testimony to overecrowding, sald that some 

of the classes at Topcka-Tilton are too large for effective teache 

h 1 ing. She admitted that the 50 students she has in the 5th grade 

are divided for re sading classes, and thet this class rotates 

teachers for each subject, 

The Court notes that Lawrence County is roughly in the 

shape of a rectangle, belng longer north and south than east and 

est. There are seven schools located in four genexal rods. The 

New Hebron School 1s in the extreme northeast part of the county, 

the paired schools of Deulah Williams and Silver Creek are near 

the eastern boundary, a little north of center. . Monticelle High, 

Monticello Elementary end McCullough are in the center of the 

county, at the county seat of the town of Monticello, and Topckae 

Tilton is in the southwest portion of the county. Beulah 

Williams and Silver Creek schools are epproximately seven miles 

by bus from the McCullough and Monticello schools. The New Ilebron 

School 1s seventeen miles from Monticello Mas the crow flies’ 

further by bus, and Topcka«Tilton a few miles less. The county is 

rural with Monticello the only town of any size. Except for the 

concentration in the Monticello area and in and around the other 

schools in the county, the population is scattered, a majority of 

the students being tronsported by bus to thelr respectiv: 

The present enrollment is reflected In the latest school roport, 

shown abova, the ratio of white students to Llack beings 2D ie Pi 

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mately 60 to 40. 

From the evidence presented, this Court 4 

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the permanent IEW plan originally enforced by the appellate court 

was unrealistic and impractical from the standpoint of both 

educational values and administrative workability in assigning 903 

high school students from the county at large to the McCullough 

School, the high school portion of which is sultable ag to size 

and number of desl's, lockers: and teaching stations for no more 

than 420 high school students, at the most for 500 

the library and science laboratory, and in assigning more students 

to Monticello High and Elementary schools than they can accommodate, 

even with the supplement of two available, portsble classrooms, 

! - - "3 PRO dn qi pe oy oe SH HET Ted - a li ; not to mention the considerable cost, money-wise, to the school   gystem and, time-wlse, to the students in the increased transporta= 

tion time that would be necessary in following the HEW course. 

The Court finds that the racial mixture in the schools of this 

district 1s in proportion to tha county-wide rotio, except at the 

Monticello High School where the r»atio is increased to 50-50, and 

that the degree of mizture 1s not less than that provided by the 

HEW plan. 

It is doubtful that any school plan yet devised is 

perfect or satisfactory to all. However, in this hearing it was 

more than evident that the solutions offered to and anproved 

the Appellate Court are by far the most effective cducationally   end practleally to the school educators as well as the school 

patrong, both black and white. Monticello liigh is hist 

and with respect to sultabllity of equipment and facllities, as 

shown by tha overwhelming testimony and photographs Introduced 

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as exhibits, the best wit for a high school. The enly alterna- 

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tive offcred to overflowing the Monticello echools, which would 

n - oon mn -y. % - ~nY eo Bo Se 0 [4 
csult fxom closing the high schools at Now Hebron and TopekaeTiltorn 

a PN P ~ Le Was =u -- ad | . -, - - - ‘ ig to leave these lest two gchools open for high school students, 

vinlch in turn preserves these schools as the heart of their 

respective communities, affords a closer xe pe
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schools and thelr patrons, eliminates increased travel time up to 

added hour and one-half per day for many students, and permits 

a broader base for student partieclpation in class and team effort 

a
 

"
 than afforded by one high school. As to plaintiffeinterveno: or} 

Hh 

Po ‘ foe ti nrg LE py hy 4. , TL. FES. Rae os Fp SY gy ped objections that the modified plan places the burden of new assigne 

on " PAP SP br Be FOO WEE of SRP, J bof oF (wo 25 Jp Vy ments on black students, the Court finds this adjustment no 

- Cl SR rn a or puss oH ~ hE greater umder the modified plan than under the HEW plan. 

id CY $i oo, a AES WV T ~~ ™ TY 

i i Hy ANSE 8 Lied 
— an, oto nad LAPUA PO CT HDIAPO 

On the basis of the hearing and the above findinszs this 

Court recommends retaining for the school term beginning September 

1970 the modified plan as it 18 now ia operation. As the boundaried 

of tha four school areas are not co-terminous with the supervisors 

beat or district lines, the Court recommends that the school board 

prepare sud file with the Appellate Court and this Court a motes 

: ws pS 3 . ta Tv rnse3 . Fra TV ZO Vig IV, DL TRAE and bounds description of the school zone lines. As to plaintiff 

“ie on Ty NAT EE LAr OA bo 1 rom SE ire is 2S Intervenors® contention that the current plan 13 not endorsed by 

" vi hl Cate 2% wns A ii pl A . the black conz munity, the Court finds, 28 reflected in ¢ ol   
  

  

report of April 15, 1970, thot there is a bi-racial 

coumittee to the school board, and urges the cooperation of oae 

with the other, The Court f wil hat i> ory Hebe. ond 
nds that al though the New Hebuca end 

Topeka~Tilton schools have an over-all capacity In excess of the   
students assigned thereto, some of the Individual classes apgohear 

to be larger than state recomuended, and it 1s the recon 

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IT IS ORDERED, ADJUDGED, AND DECREED that on 

April 15, 1970 and Decembe: l, 1970, and on the same date 

annually thereafter until further order of this court, de- 

fendants in these consolidated cases shall file with the 

clerk of this court a report setting forth the following 

information: 

(a) The number of students by race enrolled in 

the school districts 

(b) The number of students by race enrolled in 

each school of the district: 

(c) The number of students by race enrolled in 

each classroom in cach of the schools in the district. 

APPENDIX "RB" 

 



  

11. 

(a) The number of full time teachers by race in 

the district: 

(b) The number of full time teachers by race in 

cach school in the district: 

(c) The number of part time teachers by race in 

(d) The number of part time teachers by race in 

cach school in the district. 

1xXx. 

Describe the requests and She results which have 

accrued, by race, under the majority to the minority trans- 

fer provision which was a part of this court's order of 

- 

November 7, 1969. 

: IV. 

State the number of inter-district transfers 

granted since this court's order of November 7, 1969, the 

race of the students who were granted such transfers, and 

the school district to which the transfers were allowed. 

V. 

State whether the transportations system, if any, 

in the district is desegregated to the extent that Negro and 

white students are transported daily on the same buses. 

key, YN 

 



  

vi. 

State whether all facilities such as gymnasiums, 

auditoriums, and cafeterias are being operated on a desegre- 

gated basis. 

Vii. 

. 
Give brief description of any present or proposed 

construction or expansion of facilities. 

VIII. 

(a) State whether the school board has sold or 

abandoned any school facility, equipment, or supplies having 

a total value of more than $500.00 since this court's order 

of November 7, 1969. 

" IX. 

(a) State whether there is a bi-racial advisory 

committee to the school board in the school district; 

(b) If s0, state whether the bi-racial advisory 

committee has submitted recommendations to the board of 

education: 

(c) If so, state the number and disposition of 

such recommendations: 

(d) If a bi-racial committee is in existence, 

state briefly the arcas of the education process in which 

the bi~racial committee is to function 

J