Decision Per Curiam

    T MT ODIIRT A MIR TINIMTN Of A my SUPREME COURT OF THE UNITED STATES 

No. 632.—O0ctoBER TERM. 1969. 

Beatrice Alexander et al. 

Petitioners, On Writ of Certiorari to the 
. United States Court of Ap- 

Holmes County Board of | peals for the Fifth Circuit. 
Fducation et al.   

[October 29, 1969.] 

Per Curiam. 

These cases come to the Court on a petition for cer- 
tiorari to the Court of Appeals for the Fifth Circuit. 
The petition was granted on October 9. 1969, and the 
case set down for early argument. The question pre- 
sented is one of paramount importance, involving as it 
does the denial of fundamental rights to many thousands 
of school children, who are presently attending Missis- 
sippi schools under segregated conditions contrary to 
the applicable decisions of this Court. Against this back- 
ground the Court of Appeals should have denied all mo- 
tions for additional time because continued operation of 
segregated schools under a standard of allowing “all 
deliberate speed” for desegregation is no longer constitu- 
tionally permissible. Under explicit holdings of this 
Court the obligation of every school district is to top- 
minate dual school systems at once and to operate now 
and hereafter only unitary schools. Griffin v. School 
Board, 377 U. S. 218, 234 (1964) ; Green v. County School 
Board of New Kent County, 391 U. S. 430, 438-439, 442 
(1968). Accordingly, 

It 1s hereby adjudged, ordered, and decreed : 
1. The Court of Appeals’ order of August 28, 1969, is 

vacated, and the cases are remanded to that court to 
issue its decree and order, effective immediately, declaring 

 



  

632—PER CURIAM 

— 2 ALEXANDER v. BOARD OF EDUCATION. 

that each of the school districts here mvolved may no 

longer operate a dual school system based on race or 

color, and directing that they begin immediately to 

operate as unitary school systems within which no person 

is to be effectively excluded from any school because of 

race or color. 

2. The Court of Appeals may in its discretion direct 

the schools here involved to accept all or any part of 

the August 11, 1969, recommendations of the Depart- 

ment of Health, Education, and Welfare, with any modi- 

fications which that court deems proper insofar as those 

recammendations insure a totally unitary school system 

for all eligible pupils without regard to race or color. 

The Court of Appeals may make its determination and 

enter its order without further arguments or submissions. 

3. While each of these school systems is being operated 

as a unitary system under the order of the Court of 

Appeals, the District Court may hear and consider objec- 

tions thereto or proposed amendments thereof, provided, 

however, that the Court of Appeals’ order shall be com- 

plied with in all respects while the District Court con- 

siders such objections or amendments, if any are made. 

No amendment shall become effective before being passed 

upon by the Court of Appeals. 

4. The Court of Appeals shall retain jurisdiction to 

imsure prompt and faithful compliance with its order, 

and may modify or amend the same as may be deemed 

necessary or desirable for the operation of a unitary 

school system. 

5. The order of the Court of Appeals dated August 28, 

1969, having been vacated and the case remanded for 

proceedings in conformity with this order, the judgment 

shall issue forthwith and the Court of Appeals is re- 

quested to give priority to the execution of this judgment 

as far as possible and necessary.