Shelby County v. Holder Brief Amici Curiae
Public Court Documents
February 1, 2013

36 pages
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Case Files, Alexander v. Holmes Hardbacks. Desegregation Plan and Report for Canton Municipal Separate School System, 1969. eae4be99-cf67-f011-bec2-6045bdffa665. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5cc250fa-f5f2-4cff-9b0a-0460289a1c75/desegregation-plan-and-report-for-canton-municipal-separate-school-system. Accessed August 19, 2025.
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A DESEGREGATION PLAN FOR THE CANTON MUNICIPAL SEPARATE SCHOOL DISTRICI : p Ty ? wr i A PPENDIX 8 DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE REGIONAL OFFICE Room 404 - 50 Seventh Street, N.E. Atlanta, Georgia 30323 OFFICE OF EDUCATION Dr. Lamar Fortenberry, Canton Municipal Scparate Canton, Mississippi Dear Dr. In accordance with the July 5, 1969 order of District Court for the Southern District of following desegregation plan Hr cnding the in the Canton Mu Separate School Distr for your consid We wish to express our appreciatioen for the cooperation received 3 of 4 x from you and your staff. Sincerely yours, / 4 Vv J&sse J. Jordan Senior Program Officer Equal Educational Opportun A DESEGREGATICN PLAN FOR THE CANTON MUNICIPAL SEPARATE SCHOOL DISTRICT A PORT TO THE RE SUPERINTENDENT BY THE DIVISION OF EQUAL EDUCATION OPPORTUNITIES UNITED STATES OFFICE OF EDUCATION ATLANTA, GEORGIA 30323 TABLE OF CONTENTS Enrollment and Building Information | Recommended Plan for Student Dasegregation 2-4 Transportation SY School Construction and Site Selection & Cn Majority to Minority Transfer Polley a , : 7 ih avi i: © Attendance Outside Svstem of Residence o Suggesticas for Plan Implementation 1 Cl Building Information Forms / 5 a9 JON FORM f-2 << - [ a L e fat — ~ ~ 5 aN > < a — . ow Le A E Comments Same PRINCIFAL - CATON School Name of LE], ed 4 ( CANTON LICHD 2S CANTON PUBLIC SCHOOL 11. RECOMMENDED PLAN FOR DESEGREGATION Recommendations, 1969-70 In order to bring about a unitary school system in which schools are not identifiable by race, the following recommendations to be effective for the 1969-70 school year are submitted: Student assignment recommendations are approximate because the Canton Public School System did not have a pupil locator map. School capacities are based on figures supplied by the District and checked by multiplying the number of standard classrooms by be 32 €0 for secondary and elementary schools. serve all pupils in grades 8-12. That Canton Higi +O ecome a center for grade 7. That Nichols Elementary Sc erve all pupils in grades 4-6. That Cznton Elementary School be used to house grades 1-3. Canton Elementary School zone wv draw its pupils from the southeast and southwest quadrantsof the city and County and from the northeast quadran 12 County. That McNeal Elementary School be used to house grades 1-3. ~e McNeal Elementary School zone will draw its pupils from the northeast and northwest quadrantSof the city and northwest quadrant of the County. CURRENT TRANSPORTATION PCLICIES: Statistics furnished by the Canton Public Schools Superintendent's office indicate that one school (Nichols Elementary) receives as many as 49.7% of its students by buses. The lowest percentage reported in this system was 14.7%. The school system average is 26.6% INFORMATION FORM ProdieTiy J249-7C Da: E Comments Students N Capacity Perm. | Grades School Name of Ko CANTON He, POSSIBLE INTERIM STEPS The plan that we have prepared and that we recommend to the Court provides for complete disestablishment of the dual school system in this District at the beginning of the 1969-70 school year. Because of the number of children and schools in this district, and because of the proximity of the scheduled opening of the school year, imple- reba ion of our recommended plan may require delay in that scheduled opening. Should the Court decide to defer complete desegregation of this school district beyond the opening of the coming school term, the following steps could, in our judgment, be taken this fall to accomplish partial desegregation of the school system without $ 3 , or with very minimal delay, in the scheduled opening of the STUDENT DESEGREGATION: 1. That Canton High School serve all pupils in grades 7-12 as during the 1968- 69 session. That Rogers High School serve all pupils in grades 7-12 as during the 1968-69 session. That Nichols Elementary School serve a A n the district in grades 4-6. That Canton Fle ementary be used to house grades 1-3. ol zone will draw its pupils from the t quadrants of the City and County, and d Canton Elementary scho southeast and southwes from the northeast quadrant of the County. That McNeal Elementary School be used to house grades 1-3. McNeal Elementary school zone will draw its pupils from the northeast and northwest quadrants of the City and the north- est quadrant of the County. EGATION OF FACULTY AND OTHER STAFF: egregation of faculty and other staff in the grades affected by the possible interim assignments of students above, and district- wide desegregation of faculty end other staff in each school to at least 50% of the recommendation contained in Part I of Section III of this plan. OTHER: Implementation of Sections IV, V, VI, and VII contained in this plan. FORM [ON IT 63 ari tha r d A Th - ad dS ph | Comments NEAL EL Vi dn iit. DESEGREGATION OF FACULTY AND OTHER STAFF The School Board shall announce and implement the following policies: 1. The principals, teachers, teacher-aides and other staff who work directly with children at a school shall be so assigned for the school year 1969-70 and subsequent years that in no case will the racial com- position of a staff Srtoars that a school is intended for Negro students or white students. For the 1969-70 school year the district shall assign the staff described above so that the ratio of Negro to white teachers in each school, and the ratio of other staff in each, are substantially the same as each such ratio is to the teachers and other staff, respectively, in the entire school system, The school district shall, to the extent necessary to carry out this desegre- ’ Y y Cy gation plan, direct members of its staff as a condition of continued employ- ment to accept new assignments, 2. Staff members who work directly with children, and professional staff’ who work on the administrative level will be hired, assigned, promoted, paid, demoted, dismissed, and otherwise treated without regard to race, color, or national origin, except to the extent necessary to correct discrimination. 3, If there is to be a reductio the number of principals, teachers, teacher-aides, or other professional stall employed by the school district which will result in a dismissal or dem f any such staff members, thc staff member to be dismissed or demoted must b selected on the basis of objective and reasonable non-discrimin Ss from among all the staff of the school district, In addition if there such dismissal or demotion no staff vacancy may be fjlled through recruitment of a person of a race, color, or national origin different from that of the individual dismissed or demoted, until each displaced staff member who is qualified has had an oppor- tunity to fill the vacancy and has failed to accept an offer to do so. Prior to such a reduction, the school board will develop or require the develop ment of non-racial objective criteria to be used in selecting the staff member who is to be dismissed or demoted. These criteria shall be available for public inspection and shall be retained by the school district. The school district also shall record and preserve the evaluation of staff members under the criteria. Such evaluation shall be made available upon request to the dismissed or demoted employee. "Demotion'" as used above includes any reassignment (1) ander which the staff member receives less pay or has less responsibility than under the assign ment he held previously, (2) which requires a lesser degree of skill than did the assignment he held previously, or (3) under which the staff member is asked to teach a subject or grade other than one for which he is certified or for which he has had substantial experience within a reasonably current period. In gencral and depending upon the subject matter involved, five ycars is such a reasonable period. IV. 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 transpor- tation of all eligible pupils on a non-segregated and otherwise non- discriminatory basis. Y. SCHOOL CONSTRUCTION The size and location of new schocl buildings and additions to existing buildings can significantly affect desegregation now and in the future. 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 recurrifnce of the dual school structure once this desegregation plan is implemented. 44 4 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 available, and where his race is in a minority. ATTENDANCE OUTSIDE SYSTEM OF RESIDENCE 1f the School Dist: rg “8 tran 2's to students living in the distric ir ¢ ndar t public schools outside the district, o: i > permits rs into the district of students who -s id« 5 it shall do so on a non-dizcriminat a8] xcept the t shall not consent to transfers Tain ‘ umn le 'e eltect will reduce desegregation in either 4 reinforce tl al school system, IMPLEMENTATION Successful implementa regation plans largely depends upon local leadership and good f hi sian with mandates of the Courts and the laws upon which the Courts a he following suggestions are offered to ~ assist local officia planning for implementation of desegregation orders. Community 1... The Supepintendens and Board of Education should frankly and fully inform all cit f the commurlity about the legal requirements for school dase gregation and their plans for complying with these legal analy The Board of Education should issu public statement clearly setting forth its intention to abide by the law and comply with orders of the Court in an effective and educationally responsible Ld School officials should seek and encourage support and understanding 9 of the press and community ory sanizations represent ting both races. The Board uc me other appropr governmental unit, should ecstablisi ; al ymmittec Ye! e the Board of Education ax 8 staf Phat should seek open up community and] ng and tans Fastions to assist the Board in interpreting and educational requirements to the public. The Superintendent should 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. 6, The Superintendent and Board of Education should regularly report the community on progress in implementing the desegregation plan. School Perscnnel 1. The Superintendent should pr -ovide all personnel copies of the desegregation plan and arrange for meetings where the personnel will have an opportunity to hear it explained. ; The Board of Education should issue a policy statement setting forth in clear terms the procedures it will follow in reassignment of the personnel (see section on Desegregation of Staff). Assignments of staff for the school year should be made as quickly as possible with appropriate 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. The Superintendent should 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. le should make every effort to familiarize 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 oppor- tunity to meet before the school year actually begins. The Superintendent should arrange an in-service training program * during the school year to a: n in resolving dif¥iculties and improving instruction implementation period. Help in doing this is available from the South Mississippi In- Service Consulting Center at Hattiesburg, Mississippi. & Er Pl 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 Superintend:nt and Board of Education should therefore take all necessary steps to assure that all staffs are bi-racial. Instructional Program Each principal should be required to appoint biracial faculty committees to study and, as necessary, revise each area of the curriculum to assure better learning opportunities for all stu- dents. This should become a continuous activity in each school and throughout the district. Student evaluation policies and procedures should be reviewed -continuously for areas in need cof improvement and adjustment to encourage the educational growth and motivation of students. Remedial programs in reading and mathemat Souls as appro- priate, should be introduced and/or Pu : r all students in need of special help. Such a program supplement reg- ular course offerings and assignments of students. Grouping procedures should be reviewed and Feviged as necessary to assure they support the spirit as well as letter of desegre- gation plan the district has accepted Se tiiiy for rh ll menting in good faith ctivities by students of : by administrators and teachers f : ing clon! spirit and a feeling of Teng dent government, cheerleaders, musi- c¢ teams-must be operated on a nondis- " FS School organizations - st cal organizations, athlet criminitory basis and should include students of both races. Guidance counselors should be oriented and urged to plan a leading role in successful implementation of the desegregation plan. The curriculum should be reviewed and, as necessary, revised to provide recognition of Negro history, culture and conbtri- butions to our society. Library books which deal with such subjects should be added to school book collections. Vocational education offerings should be reviewed and improved as a means of providing students of both races with education relevant to vocational interests and as a means of reducing dropouts. Headstart or similar preschool programs for children of both races should be implemented. Use of Federal and Staten education funds should be planned comprehensively for maximum educational benefit to all eligible children, STUDENTS 1. The Superintendent should direct each principal to hold special orientation programs welcoming students who will be new to a school, before the regular school year begins. The Superintendent should require each principal to see that students are frankly and fully informed about the desegregation plan and their responsibilities to help carry it out. Each De nainel should seek to establish rapport and communication links with new students to encourage mutual understanding and confidence. The Superintendent should direct each princip relations committee cessful implementation 1 staff and membe of the student body fort to assure the full participation of -curricular programs, includ ~~ x : LR 1 ion of a “late bus’ for thos of path races in ext appropriate the provisi after school to partici ipate *n such programs. Each principal should request teachers to make themselves available to students outside of regular class for counseling and extra instructional help 1x, - : TRONS WOD ACO KESOURCES FOR ASS dition to the regular reseources for assistance r AY ficlaels, discrlcets developing Ne Leap Univeratty of Sourhern Mississippi Southern Scation Hattiesburg, Mississippi 39401 Phones (601) 266-7150 Division of Equal ¥ducavionul Opporrunicl B, 8, °Dffice of Faucuation 0 Suventh Sceeer, Bei ¥u sr oom S05 Atlunce, Georgia 30323 Phones (04) 5256-3070 pe e carrying out plang of desegregation in slzsippi Fe 4 a Ne TTY BUILDING TFORMATIOCH ame of School Canton High School Address 320 North Liberty Can — A _Fdwor ated Capaci 4 Portable and Temporary Clas Sa ET WT TF Current Student Enrollment Sen p 2 22 EE tal Fnrolinent 2 A, ; ~ TI ; Muzber of Teachers 3 A aoe Hh < to aed ud & To ral "3 ER % PN Cther Pro sions eroonnel AMA sl erm rem rman : Totas 2% Ee L$ % t & ol ohn oe a ee ¥ 4 Vv Ke t e t m e me ie ad d al. | i | i > I A EI I a ae os S—_ — s mit Le Je on a m — — — — — i Lalo Numbey of Students Tra neported Age of Building 924 1937 Type of Construction Number Portable Classrooms : 0 Number of Temporary Classrooms 0 . . . : (0 . 7 Number Square Feet in Building 58,489 square feat ro i STANEK Number of Acres in School Site 173 list of the subjects or courses BUILDING JANES; Ort ATION Name of School Centon Elementary Address__ _ Name of Princ Grades in Schoo Masimon Building Capacit Pha Na... NV thout LI ) Portable xii Coogan.’ pr & © y - fe Cuzrent SeuGen. If nrolls Helly E \¥: nrollm 10Gz 5 1 a ————— NE ST WE I. ETM AEE ro LA manne ahd i ’ TY EC ANG wn SO PJ EAA yo 0 IE PG Ta $Y ou #5 mi te negro il wil NAS JJ NS BE | v 1 , re dos AL DI IT A TT AAAS das a | ls7 ne | 107 89 in | a ia areas ba ann SS AB TIA AA amr) Rs —— aan Number of Students Transported 140 Ar I ts” SNR TT SORE Age of Dt ng 1958. 1940 Type of Construction ude Audit Fors t NEI ZAC S—— Number of Portable Cinssrooms Number of Temporary Class Number of Square Feet in Building Number of Acres in School Site JL A m pd J Ae wild - wey} he. - > a " ne. Attach a list of the subjects oi courses offere . Cr [3 3 os Ji Same basic courses are offered at cach elementary school, inciudin wt and Special Educatbic BUILDING INFORMATION Name of Scheel MaNeca! Elemanian Address 0A Owens Strood Canton, bissiszinnd LAT, 3 8. nan £ 4 \{ (0) £ Pip ow $s Number of Teachers PARLIN, gram me AIS tihice Cther Profess | 8 \ oe sr — Br aaa LL = 94 Type of Construction Number Portable Classroom 0 Number Temporary Classrooms 0 Number uvare Feet in Puilding 19,164 square fect Number of Acres in School Site 5 Attach a list he subjects or courses offered. Same basic courses are offered at each elementary school, including Art and Special Education BUILDING INFORMATION Name of 1018 Flameniary Schoel Address .....10 a Sirect. Conton,.Mississipnl. Gace [a Horris or i) da TI morn fo SEYIGANCIL I cima Building Capacity 1225 (without portables) 3 A POT JON “Hegr 0 Total ~ Current Student Eavrollment 1 SRA 1s 82 Total Stu RE AEN A I A A Number of 1eYS : 5 > i FA 7 BAT SIA CITED Neer ero Other Professionsl Personnel ” JREERp—————— LLL CL a shite Negro TAAL AFA AT AWA PASI SE 194 0 i070 | 0% Number of Students Transpo Age of Building _1930,_Type of Construction 1937, Ti 1969 Number Portable Ciagsrooms Nurber of Temporary Classrooms Number Square Feet in Puilding Number Acres in School Site Attach a list of th ibjects or courses > - Same besic courses are oifere an BUILDING DFORMATION ( LE A \ Vv Yu £ Principa dita cht PREPRESS Sandy, 0 5S - Ae EN Grades in Schooi_ 8-12 mer 0, & Teaching St ; iY (350 (without portable Ne a) Portable and Temporary Classyooms_ Current Student Lavellmant Enrollment ERTS r of ‘ i fo urbe Teachers 5 5 &0 Ag L chi ond ~ ) a ——— areca — oS er NIN iii S am apn i nh - (re rn 5 White MNegr Total PUpETpe———— SE AS 8 aaa Negro Total Enrol lnent by Grades at mao ncaa eae A ae Inn A AD - in on, IAL LN ST [ hog 0 1.915 ee od Na... oe Number tuden [ransporie 45) 1.87 Age of & 00, Type of Construction Number Number of Temporary Classrooms Number Square Feet in Puilding Actes in BUILDING INFORMATION Name of School ogers Elementary Address Nort! rth NM PE Ctran Cr pton,. ASIANS IF FSA TS Name of Princip: Leslic Johnson eri a $4 ay vy G4 Tan Number of Perwreanent Lea State Rated Capacity 1-27 aximum Bullding Caps = DOTET] Current St Enrollment cri ts———_—— Negro Enzollment hy ES ler { [1] 5 Ihe ] 7 pige! 0 3 pesmi ag Pn mmm} omy 98 ———— A 2 aw sem a Ir : £ of Students Transported 264 1941 Type of Construction Number of Portable Number of Temporarv Classrooms i 7 Number of Square Feet in Building A saucsca.fosct Number of Acres in School Site Attach a list of Same basic courses are offer H each ele: ntary school, including Art and Special