Motion and Order to Enroll as Counsel of Record

    <fc • r"Y,

JOHN W. PORTER
Superintendent of 
Public Instruction

STATE OF MICHIGAN

DEPA!#MENT OF EDUCATION
Lansing, Michigan 48902

July 29, 1972

Tiie Honorable Stephen J. Roth 
United States District Court 
Federal Building 
600 Church Street. .
Flint, Michigan

STATE BOARD OF EDUCATION 
EDWIN L. NOVAK, O.D. 

President
MICHAEL J. DEE it 

Vice President
DR, GORTON RIETHMILLER 

Secretary
THOMAS J. BRENNAN 

Treasurer
MARILYN JEAN KELLY 

ANNETTA MILLER 
DR. CHARLES E. MORTON 

JAMES F. O'NEIL
GOV. WILLIAM G. MILLIKEN 

F.x-OUlcio

Dear Judge Roth:

I am submitting the two attached documents in compliance with your order 
of June 14, 1972, directing me to examine and make recommendations, con­
sistent with the principles established in Part II of your order, for 
appropriate interim and final arrangements for the (1) financial, (2) 
administrative and governance, and (3) contractual and personnel arrange­
ments for the operation of the-schools within the desegregation area.
The first document contains my examination and recommendations for interim 
arrangements. The second document contains my examination and recommen­
dations for final arrangements.

I have conducted the examination and prepared the recommendations as I 
was ordered to do by the Court, and it is my judgment that the two documents 
constitute an appropriate response to that order. However, as one who took 
an oath to uphold the U.S. Constitution and the Constitution and Statutes 
of the State of Michigan, I am deeply troubled by the possible abrogation 
of Michigan constitutional and statutory law that arises in light of my 
interpretation of the stipulations outlined in the Court's order, and 
which stipulations I was ordered to follow in conducting the examination 
and preparing the recommendations.

As Superintendent of Public Instruction, I also judge it my responsibility 
to once again bring to the Court's attention the difficulties and complex­
ities inherent in any desegregation effort involving multiple school 
districts. If the Court's initial order is sustained, then I judge that 
the recommendations proposed for interim arrangements stand a reasonable 
chance for initial success in implementing an effective desegregation 
plan. However, it is my considered judgment that sufficient experience 
with the proposed interim arrangements must accrue before definitive 
conclusions can be drawn as to whether or not. such arrangements hold promise 
of success for the long-term. Therefore, in the event that the Court's 
original order is sustained, I strongly urge the Court to consider a •
phasing-in of the proposed final arrangements. This would allow a period 
longer than one year for accruing the evidence necessary to determine the 
viability of extending, for the long-term, the cooperative arrangements 
outlined in the interim recommendations.



2 July 29, 1972The Honorable Stephen ho tfi

If the Court's original order is sustained, I will be prepared to offer 
matcrials which discuss certain possibilities as to the substance and con­
figuration of in-service training in the desegregation area. As you will 
note in the two attached reports, my recommendation is that the responsi­
bility for in-service training should lie with the local districts during 
the interim period and ultimately with the proposed area-wide authority for 
the period of full implementation.

JWP/mw
attachments
cc; Governor William Milliken

Attorney General Frank J. Kelley 
Dr. Edwin Novak, President,

State Board of Education 
Counsels of Record 
Members of Panel -