Order

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IN THE UNITED S ES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

ERN DIVISION 

DELORES NORWOOD, ET AL, Plaintiffs 

V. NO. WC 70-53-K 

D. L.. BARRISON, SR., ET AL, Defendants 

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RDER Mapa 

The Supreme Court of the United States having -vacated 

0 our prior judgment and remanded the case for further proceedings 

consistent with its opinion that a certification procedure, sub- 

ject to judicial review, be established to screen private school 

- 

requests for state-owned textbooks, (Norwoecd v. Harrison, 41 LW 
>   

5094); and the three-judge district court having been dissolved 

by order of July 9, 1973; and the ‘court having considered the 

proposed certification procedures advanced by the parties and 

arguments in support thereof; it is 

1. Defendants, their agents and representatives, are 

permanently enjoined from distributing or otherwise making 

available state-owned textbooks to any private school in Miss- 

issippi which engages in discrimination of any kind or character 

based upon race, creed, color, or national origin. No private 

school may receive books if it is not open at all times To 

students on an equal, nondiscriminatory, basis. 

2. Any private school which fails to qualify Ior state- 

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owned textbooks under § 1 above shall return to state &epoésiiories 

 



  

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3. Defendants shall forthwith implement the following 

certification procedure to assist them, and ultimately the court, 

in determining whether any private school is eligible to receive 

state-owned textbooks in accordance with Constitutional require- 

ments: 

A. Prior to any further shipment of textbooks, defendants 

shall send to each private solool in the State, presently hold- 

ing and/or requesting state textbooks, a copy of this order 

and a "Certification and Background Information" form which shall 

conform to "Exhibit AY attached hereto. 

B. Concurrently with the mailing of such form, defendants 

shall request of each such private school that it complete, under 

oath of an authorized representative of such school, the "Certi- 

fication and Background Information" form and return it to the 

Textbook Purchasing Board within 15 days, or not later than 

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August 10, 1973; and defendants shall advise each private school I=
 

that the failure to file completed “Certification and Background 

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owned textbooks for the school year 1973-74. 

C. As soon as practicable, but no later than September 

10, 1973, defendants shall determine the eligibility of private 

‘schools to receive state-owned textbooks for use by its students. 

D. Defendants shall notify each private school of its 

decision as to eligibility or ineligibility and shall concurrently 

file with the clerk of this court and serve upon counsel for 

plaintiffs a copy of its decision and of the Certification and 

 



  

Background Information form and any other supporting evidence. 

Within 15 days after receipt thereof, any party aggrieved by 

the final administrative decision of the defendants may seek 

judicial review by filing in this court objections to the 

certification of eligibility or denial thereof. The court will 

thereafter set the matter for adversary hearing at the earliest 

practicable time upon notice to ald persons interested in any 

such appeal. 

4. Due to the special exigencies of the case, the court 

will allow to all schools certified by the defendants to be 

ineligible a grace period of 60 days, expiring at all events 

no later than November 12, 1973, for the surrender and delivery 

to the County Superintendent of Education situated in the county 

of the location of such ineligible private school all state- 

owned textbooks in current inventory in its possession or in 

the custody of the students enrolled at such school. At the 

school's 

time of such redelivery, the/administrative head must give 

notice thereof to tha State Textbook Purchasing Board and to 

the clerk of this court. Notwithstanding the foregoing, any 

private school which may challenge the decision of ineligibility 

by the defendants and which has filed an appeal in this court 

in the manner hereinabove provided may apply to this court and 

seek an extension of the delivery date after showing good cause 

therefor. 

5. It is further ordered that pending the completion 

of the certification procedures above outlined, all private 

 



  
schools in Mississippi operated by organizations declared Dy 

the United States Internal Revenue Service exempt from federal 

income taxes may receive further shipments of textbooks. 

Defendants shall require reasonable proof from Internal Revenue 

Service as to such organizations operating schools which 

qualify for the foregoing tax exempt status. 

The court retains continuing jurisdiction oI this cause 

for the purpose of issuing such further and supplemental orders 

as may be necessary to effectuate the intent of the foregoing 

and to carry out the mandate of the United States Supreme Court. 

This, 25th day of July, 1973. 

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Chief Judge —— 

United States District Court 

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EHIBIT "A" 

MISSISSIPPI TEXTBOOK PURCHASING BOARD 

CERTIFICATION AND BACKGROUND INFORMATION FORM ' 
  

  

l. NAME OF PRIVATE SCHOOL: 
  

2. ADDRESS (include county): 
  

3. NAME AND TITLE OF OFFICIAL 

COMPLETING FORM: 
  

  

4. GRADES PRESENTLY SERVED BY SCHOOL: ' 

5. DATE PRIVATE SCHOOL OPENED FOR THE 

FIRST TIME AND GRADES SERVED UPON 

OPENING: 
  

6. DATE ADDITIONAL GRADES WERE ADDED (if any): 
  

7. ENROLLMENT AND FACULTY BY RACE: 

  

  

Professional 

Students Staff 

White Black White Black 

Upon Opening 

September 1969 

February 1970 

September 1970 

February 1971 

September 1971 

September 1972 

September 1973 

(projected) 

8a. STATE WHETHER STUDENTS ATTENDING SCHOOL ARE IDENTIFIED BY 

RELIGION BY SCHOOL, RECORDS: 
  

b. If yes, state the religion catered to by the school:   

state the number of students, by religion, enrolled in 

che school in September 1972 L
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d.. If ves, state the number of faculty memb 

employed by the school in September 1972: 
  

8. 1S THE SCHOOL, PRESENTLY RECOGNIZED AS EXEMPT FROM FEDERAL 

INCOME TAXES? YES NO 
  

l PEAT WI Ne, 6. ” de YIN On PAS VSIA 7s AY the date on which said exemption was approved 

  

 



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10. DOES THE SCHOOL MAINTAIN EDUCATIONAL STANDARDS ESTABLISHED 

BY THE STATE DEPARTMENT OF EDUCATION? 
  

ll. ARE SCHOLARSHIPS (ACADEMIC OR ATHLETIC) AVAILABLE AT YOUR 

  

  

SCHOOL? 

If yes, state the number of such scholarships offered during 

the 1972-73 school year to: a) white students 7 

and b) black students . 
  

12. ARE SCHOLARSHIPS AWARDED BY PRIVATE INDIVIDUALS TO STUDENTS 

OF YOUR SCHOOL? YES NO 

If ves, state the number of ‘students by race who obtained 

such scholarship assistance during the 1972-73 school year: 

a) black students ; and b) white students 
    

13. HAS ANY TUITION DUE THE SCHOOL BEEN WAIVED? 
  

If yes, then state the number of students, by race, granted 

such waiver during the 1972-73 school year: a) white 

students ; and b) black students 
  

  

14. ARE ANY BLACK STUDENTS ENROLLED AT YOUR SCHOOL MEMBERS OF 

ANY ATHLETIC TEAM(S) SPONSORED BY YOUR SCHOOL? 
  

f ves, state the number of such students for the 1972-73 

school year 
  

15a. DOES THE SCHOOL HAVE A WRITTEN AFFIRMATIVE POLICY OF ADMITTING 

STUDENTS IRRESPECTIVE OF RACE? 
  

f ves, attach a copy Of that po Lp 

adoption by the governing board 
  

b. Has the school publicized this policy in a manner that is 

  

intended to and has been reasonably effective in bringing 

it to the attention of persons of student age (and their 

families) who are of minority groups, including all non- : 

whites? o ITIF'ves, attach copies of all notices 

in all newspapers, brochures, catalogues or printed 

advertisements appearing or prepared at the time the school 

was first opened and during the past school year. 

¢c. Has any member of the school's governing board, administrators 

or faculty taken any action or made any statement qualifying 

or negating the school's stated policy of open admissions? 

  

16. STATE THE NAMES AND ADDRESSES AND RACE OF THE SCEOOL'S: 

a)  Incorporators: 

  

  

  

  

  

 



  

b) Founders: 

  

  

  

  

  

¢) Board Members: 

  

  

  

  

  

17. STATE THE NAMES OF INDIVIDUALS, CORPORATIONS OR ORGANIZATIONS 

WHO (WHICH) HAVE CONTRIBUTED LAND OR BUILDINGS TO THE SCHOOL: 

  

  

  

  

  

18. STATE WHETHER ANY INDIVIDGAL, CORPORATION OR ORGANIZATION 

LISTED IN ANSWER TO 16 and 17 HAS ATTEMPTED TO INFLUENCE THE 

SCHOOL TO MAINTAIN RACIALLY SEGREGATED EDUCATIONAL PROGRAMS. 

  

If yes, state the name of such individual, corporation or 

corporation. 
    19. STATE WHETHER ANY BOARD MEMBER, OFFICER OR ADMINISTRATOR O 

THE SCHOOL IS PRESENTLY A MEMBER OF ANY ORGANIZATION ESP 

ING OR ADVOCATING WHITE RACIAL SUPREMACY OR SUPERIORITY. 

  

If ves, list such individual: 

  

  

  

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o 

I hereby swear (or affirm), under penalties of perjury, 

the foregoing information is true and accurate to the best of my 

knowledge, information and belief. I further understand that this 

affidavit is executed as a condition for supplying Mississippi 

State-owned textbooks to the above named private school, anc that 

full and accurate answers are required by order of the United 

States District Court for the Northern District of Mississippi 

dated July 25, 1973, in civil action No. WC 70-53-K, styled 

Norwood, et al, v. Barrison, et al, on the Socket of the court. 

This, day of 397 ‘ 
  

  

  

Sworn and subscribed to 

before me this day 

of 197   
(Name of School) 

  

Notary Public 

My Commission Expires: 

  

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