Coppedge v. Franklin County Board of Education

293 F. Supp. 356, 1968 U.S. Dist. LEXIS 8095
CourtDistrict Court, E.D. North Carolina
DecidedAugust 22, 1968
DocketCiv. No. 1796
StatusPublished
Cited by12 cases

This text of 293 F. Supp. 356 (Coppedge v. Franklin County Board of Education) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coppedge v. Franklin County Board of Education, 293 F. Supp. 356, 1968 U.S. Dist. LEXIS 8095 (E.D.N.C. 1968).

Opinion

BUTLER, Chief Judge.

Defendants have applied for a stay pending appeal of this Court’s Orders of June 20 and August 5, 1968, requiring them to convert to a unitary non-racial system beginning with the opening of the 1968-69 school year. They claim that various administrative difficulties now make it impossible for them to comply with said Orders, and ask instead that this Court approve a plan which would delay total integration until the commencement of the 1970-71 school year. A hearing having been held, and due consideration having been given to the evidence and arguments of counsel, the Court enters the following Findings of Fact, Conclusions of Law, and Order:

FINDINGS OF FACT

1. On August 17, 1967, this Court entered an Order herein disapproving Franklin County’s freedom of choice plan, providing for certain interim relief for the 1967-68 school year, and directing the defendants to convert to a unitary system of schools, based on unitary geographic attendance zones, school or grade consolidation, or some combination of the above methods, at the earliest practicable date. Coppedge et al. v. Franklin County Board of Education et al., 273 F.Supp. 289 (E.D.N.C.1967).

2. On August 25, 1967, defendants filed a Notice of Appeal to the Court of Appeals for the Fourth Circuit, and on August 29, 1967, they applied to this Court for a stay pending appeal. On August 31, 1967, following a hearing, this Court denied the motion for a stay. This Court further amended its Order of August 17, 1967, to provide that defendants would be required to file their plan for conversion to a unitary system thirty days after March 1, 1968, or thirty days after the decision of the Court of Appeals for the Fourth Circuit in the action, whichever date was earlier.

3. On April 8, 1968, the Court of Appeals for the Fourth Circuit affirmed this Court’s Order of August 17, 1967, and on May 31, 1968, said Court denied defendants’ petition for a rehearing. The opinion of the Court of Appeals, which is reported in Coppedge et al. v. Franklin County Board of Education, 394 F.2d 410 (4th Cir. 1968) held that the defendants had deprived Negro pupils in Franklin County of their constitutional rights, and was especially critical of the defendants for their lack of progress in faculty desegregation and for their failure to take steps to counteract the intimidation and pressures which had been directed at the families of Negro pupils seeking to attend desegregated schools.

4. On March 28, 1968, the defendants filed a plan of desegregation purporting to comply with this Court’s Order directing them to convert to a unitary system “at the earliest practicable date.” Defendants’ plan contemplated the assignment of 15% of the Negro pupils to previously all-white schools for 1968-69 (an increase of 5% over what this Court ordered for 1967-68) and the assignment of at least two teachers across racial lines to each school in the system (precisely the same level of faculty desegregation which this Court ordered for 1967-68). Further progress under defendants’ plan was made contingent upon a proposed bond issue to be submitted to Franklin County voters in October, 1968, after the opening of school.

5. Plaintiffs and Plaintiff-intervenor filed timely objections to defendants’ plan, and plaintiff-intervenor further [358]*358filed a motion to implement this Court’s Order of August 17, 1967. The papers on behalf of plaintiffs and plaintiffintervenor made it clear that these parties were taking the position that the commencement of the 1968-69 school year was the “earliest practicable date” within the meaning of this Court’s Order of August 17, 1967, and it was apparent to all that this contention was the principal issue between the parties.

6. On May 29, 1968, this Court sent written notice to the parties that a hearing would be held on defendants’ plan on June 20, 1968. The Notice, which was. signed by this Court, provided that

Counsel are requested to confer prior to the hearing and stipulate all facts not in genuine dispute, and submit any additional evidence in the form of depositions.

The defendants failed to take any depositions and submitted no evidence on the issue of administrative difficulties or any other issue.

7. On June 20, 1968, this Court held a hearing on the defendants’ plan and the objections thereto. No evidence was offered. Counsel for plaintiff-intervenor argued to the Court that the uncontradicted testimony of plaintiff’s expert witness, William Stormer, was that there were no significant administrative difficulties preventing prompt conversion to a unitary system. Defendants made no attempt to counter this argument.

8. On June 20, 1968, following the hearing described in the preceding finding, this Court entered an order which provided that

(1) Defendants’ Plan for Assignment of Students and Consolidation of Schools be disapproved, and
(2) On or before July 15, defendants file with the Court a new plan “which shall provide for the implementation of a unitary nonracial school system effective with the beginning of the 1968-69 school year.”

This Court also informally directed counsel for all parties to try to agree on a mutually satisfactory plan. Should the parties be unable to agree, counsel for plaintiffs and plaintiff-intervenor were invited to file alternative plans for the Court’s consideration.

9. On July 15, 1968, in response to this Court’s Order of June 20, 1968, defendants filed a new “Plan for a Unitary Non-Racial System.” The new plan provided as follows:

1968- 69 SCHOOL YEAR
1. Assign to predominantly white schools at least 750 Negro students, including those previously assigned to Youngsville Elementary School and Cedar Street School, which said schools will be closed.
2. Assign 45 teachers to teach across racial lines.
1969- 70 SCHOOL YEAR
1. Close the high schools (grades 9-12) pf Riverside School, Gethsemane School, Perry’s School, and Epsom School, and transfer the students of said closed high schools to the high schools (grades 9-12) of Louisburg School, Youngsville School, Bunn School, Edward Best School and Gold Sand School, on a unitary non-racial basis.
2. In the high school (grades 9-12) to be operated during the 1969-70 school year, the faculty of each of said schools shall contain the same approximate percentage of non-white teachers as there is in the then high school system.
1970- 71 SCHOOL YEAR
1. All students in the schools of the Franklin County Administrative Unit will be assigned to schools upon a unitary non-racial basis.
2. Each faculty shall contain the same approximate percentage of nonwhite teachers as there is in the entire system.

10. The plan filed by defendants on July 15,1968, was not in compliance with the letter or spirit of this Court’s Order [359]

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Bluebook (online)
293 F. Supp. 356, 1968 U.S. Dist. LEXIS 8095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coppedge-v-franklin-county-board-of-education-nced-1968.