Order Amending Judgment Providing for Periodic Reports by the Defendants

    IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

NOS. 28042 and 18030 

  

UNITED STATES OF AMERICA Appellants 

Ve 

HINDS COUNTY BOARD OF EDUCATION, ET AL. Appellees 

BEATRICE ALEXANDER, ET AL. Appellants 

Ve. 

HOLMES COUNTY BOARD OF EDUCATION, ET AL. Appellees 

  

ORDER AMENDING JUDGMENT ENTERED NOVEMBER 7, 1969, AS 

HERETOFORE AMENDED, PROVIDING FOR PERIODIC REPORTS BY 

THE DEFENDANTS 
  

This Court having heretofore entered judgment on November 7, 

1969, in the above consolidated cases, the same having been amended 

from time to time by subsequent orders entered applicable to certain 

of the consolidated cases as reflected thereby, it is ordered, 

adjudged and decreed that, in addition to the provisions thereof 

and until further orders of this Court, the defendants in these 

consolidated cases shall file with the Clerk of this Court and with 

the Clerk of the District Court on or before May 1, 1970, and on or 

before the 15th day of October of each year, beginning in the year 

1970, a report setting forth the following information: 

I. 

STUDENTS 
  

The number of students by race enrolled in each grade in each 

school as of the date of such report. The first report shall in- 

clude such information as of September, 1969. 

 



  

XX. 

FACULTY AND STAFF 
  

(1) The number and race of full-time and part-time classroom 

teachers and staff at each school, including the teachers at each 

grade level, as of the date of each report. The first report shall 

include such information as of September, 1969. Full-time and part- 

time teachers shall be listed separately. 

(2) 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 em- 

ployed 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. 

(3) The non-racial objective criteria which the school dis- 

trict has adopted in selecting, assigning, promoting, demoting and 

dismissing faculty and staff members in accordance with the provi- 

sions of the HEW plans of desegregation appended to the order of 

this Court dated November 7, 1969. If there is any change therein 

after the first report hereunder, such change shall be included in 

the report following its adoption. 

(4) The methods by which and the channels through which the 

school district will seek applications for teaching and administra- 

tive vacancies and the objective criteria which will be applied in 

judging applications for teaching and administrative positions. 

III. 

MAJORITY TO MINORITY TRANSFERS 
  

When requests have been made for transfers by students under 

the majority to minority transfer policy set forth in the plan of 

desegregation applicable to each school system, the name, address, 

 



  

grade, school of original attendance and school to which transfer 

was requested by each student, together with a description of any 

action taken by the defendants on his request and the reasons 

therefor. 

IV. 

CONSTRUCTION 
  

Prior to the advertisement for bids, if any are necessary, 

and prior to the execution of contracts for the construction of 

school buildings, the defendants shall file a report setting forth 

the following: 

(1) The proposed site of the new construction and the nature 

of the proposed construction. 

(2) The manner in which the proposed construction is expected 

to affect the racial composition of existing schools and the number 

of students of each race expected to attend the new facilities. 

If objection in writing to such construction is not filed by 

the attorneys for the plaintiffs or intervenors within fifteen (15) 

days after the filing and service of such report, the defendants 

may thereupon proceed with such construction. 

Vv. 

STUDENT RATIOS 
  

The following information applicable to the students enrolled 

in the school district as a whole: 

(1) Percentage of Negro students attending integrated schools. 

(2) Percentage of Negro students attending predominantly 

white schools or formerly all-white schools. 

IT IS FURTHER ORDERED, that defendants, when filing reports 

pursuant to the provisions of this order, shall serve copies upon 

counsel for the United States, the private plaintiffs, and upon 

counsel for the N.A.A.C.P. Legal and Educational Defense Fund, Inc., 

 



  

who have been permitted to intervene Amicus Curiae. 

This the 
  

day of March, 1970, 

  

UNITED STATES CIRCUIT JUDGE 

  

UNITED STATES CIRCUIT JUDGE 

  

UNITED STATES CIRCUIT JUDGE