Cowan ex rel. Johnson v. Bolivar County Board of Education

923 F. Supp. 2d 876, 2013 WL 298031, 2013 U.S. Dist. LEXIS 9615
CourtDistrict Court, N.D. Mississippi
DecidedJanuary 24, 2013
DocketCivil Action No. 2:65-CV-00031-GHD
StatusPublished
Cited by2 cases

This text of 923 F. Supp. 2d 876 (Cowan ex rel. Johnson v. Bolivar County Board of Education) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cowan ex rel. Johnson v. Bolivar County Board of Education, 923 F. Supp. 2d 876, 2013 WL 298031, 2013 U.S. Dist. LEXIS 9615 (N.D. Miss. 2013).

Opinion

MEMORANDUM OPINION

GLEN H. DAVIDSON, Senior District Judge.

Presently before the Court in this nearly forty-eight-year-old school desegregation case is Defendant Cleveland School District’s proposed plan [44] in response to the Court’s March 28, 2012 Order [42] directing the District to submit a proposed plan to farther integrate East Side High School and D.M. Smith Middle School, and to achieve racial balance among its faculty districtwide. The Government strenuously objects to the proposed plan as a constitutionally inadequate measure. The Court held a hearing on the proposed plan and subsequently conducted an on-site tour and inspection of the District’s two high schools, Cleveland High School and East Side High School, and the two junior high schools, Margaret Green Junior High [878]*878School and D.M. Smith Middle School. The Court also visited the two magnet elementary schools, Hayes Cooper Center and Bell Academy. Upon due consideration of the parties’ briefing and arguments, the on-site tour and inspection, and statistical reports and data, the Court is now ready to rule on the constitutionality of the District’s proposed plan.

Cleveland School District is located in Bolivar County within the Mississippi Delta, which is in the northwest section of Mississippi approximately between the Mississippi River and Interstate 55. Although it has been said that the Mississippi Delta “begins in the lobby of the Peabody Hotel in Memphis and ends on Catfish Row in Vicksburg,” 1 the Mississippi Delta actually consists of about fifteen Mississippi counties with an approximate total population of 350,575 persons, 225,653 of which are African American and 119,499 of which are Caucasian.2 By all accounts, the Mississippi Delta is currently one of the most economically depressed areas in the United States. The Delta’s rich, fertile soil has made agriculture its main industry, but otherwise, the area has been unable to keep up with modern economic development of other areas due to its lagging manufacturing and commercial production. Affluent Delta families had a long tradition of sending their children to out-of-state boarding schools, while less wealthy families sent their children to Delta public schools, which were segregated by race according to the law at that time. After the United States Supreme Court ordered desegregation of public schools “with all deliberate speed,” private schools began to dot the landscape, and Caucasian families pulled their children out of the public school system to send them to those private schools in an effort to bypass desegregation. What resulted was a majority — African-American enrollment in Delta school districts — far from the racially integrated Utopia contemplated by Brown v. Board of Education and its progeny. Currently, most Delta school districts have 95% or greater African-American enrollment and 5% or less Caucasian enrollment.3 Most Delta school districts also fare poorly in state testing.4

Upon traveling to Cleveland, however, the Court observed that the City of Cleveland is perhaps an exception to the generally economically depressed Mississippi Delta. The location of Delta State University and at least two major manufacturing employers contribute to an attractive, vibrant, clean downtown retail district. The Court also observed that generally the residential areas were well maintained, clean, and attractive. Cleveland is a small, yet thriving, city in eastern Bolivar County with an approximate population of 12,000 residents. Cleveland is the base of the Cleveland School District, which serves the cities of Cleveland, Boyle, Renova, and Merigold. The former Louisville, New Orleans & Texas Railroad ran through the City of Cleveland and has been the dividing line for the two junior high school attendance zones and two high school at[879]*879tendance zones. Students residing on the west side of the former railroad tracks have attended Margaret Green Junior High School and the adjacent Cleveland High School. Students residing on the east side of the former railroad tracks have attended D.M. Smith Middle School and the adjacent East Side High School. The schools on the west side of the former railroad tracks and the east side of the former railroad tracks are approximately 1.3 miles apart. Following this Court’s initial Order to submit a plan to desegregate the District’s schools, Cleveland School District’s desegregation efforts have been supervised by this Court through a series of Orders for nearly five decades. Although the District has achieved remarkable progress toward desegregation over the past several decades, East Side High School and D.M. Smith Middle School have remained racially identifiable as African-American schools.

The Court notes that the case sub judice is unusual in many respects. First, it is a school desegregation case that has been pending for nearly five decades in which neither the United States Department of Justice nor the named Plaintiffs have filed any objections in the last twenty-five years. Second, it concerns a school district that appears to be the only school district in the Mississippi Delta, with the possible exception of Western Line School District in Washington County,5 that has any significant Caucasian enrollment. According to 2011-2012 data, "66% of the children enrolled in Cleveland School District are African American, while 29% of the children enrolled are Caucasian. Third, the overall test scores for Cleveland School District generally exceed the test scores for other schools in the Mississippi Delta.6 Fourth, the case is also unique among school desegregation cases in that the superintendent of schools is African American, as is the chairman of the School Board.

As heretofore stated, the Court has had occasion to visit, view, and inspect Cleveland High School, East Side High School, Margaret Green Junior High School, D.M. Smith Middle School, Bell Academy, and Hayes Cooper Center. After inspection and investigation of statistical reports and data, it appears to the Court that the City of Cleveland and Cleveland School District can perhaps be categorized as an oasis in the Mississippi Delta. The Court found all of the District’s schools to be clean, well maintained, and immaculate in appearance.

The District maintains two high schools, Cleveland High School and East Side High School, and two junior high schools, D.M. Smith Middle School and Margaret Green Junior High School. In addition, the District maintains six elementary schools: Parks Elementary School, Pearman Elementary School, Cypress Park Elementary School, Nailor Elementary School, Bell Academy, and Hayes Cooper Center. Cleveland High School, located on the west side of the former railroad tracks, was an all-Caucasian school by law during the District’s former de jure segregated school system. The Court notes that the core building for Cleveland High was constructed in 1939, prior to World War II. It is amazing that this building has been so well maintained over the years. East Side High School, located on the east side of the former railroad tracks in a much newer building, was an all-African-American [880]*880school by law during the District’s former de jure segregated school system. The District currently operates a magnet program at East Side High that consists of a visual and performing arts program for grades 9 through 12 and an international baccalaureate diploma program for grades 11 and 12.

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Related

Diane Cowan v. Bolivar County Bd of Education
748 F.3d 233 (Fifth Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
923 F. Supp. 2d 876, 2013 WL 298031, 2013 U.S. Dist. LEXIS 9615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowan-ex-rel-johnson-v-bolivar-county-board-of-education-msnd-2013.